Experience
Michael acts for clients in the construction, oil and gas, marine, energy, and power sectors (both onshore and offshore projects), handling complex, large-scale international disputes before courts and arbitration centres (such as DIFC-LCIA, ICC, SIAC, LCIA, ADCCAC, and DIAC) as well as in expert determination and mediation proceedings. This has led to Michael collaborating with expert counsel across various jurisdictions, including Egypt, Libya, Qatar, Saudi Arabia, and the UAE. Consequently, his expertise extends to enforcement proceedings in the DIFC Courts, where he has successfully defended set-aside applications and obtained recognition orders.
Michael's expertise includes:
- Power and water: experience of acting on some of the world's largest power and desalination projects including a giga project where claims exceeded US$400 million.
- Oil and gas: significant work with quasi-government offshore producers.
- Construction and infrastructure: including transport, roads, skyscrapers, mixed-use developments, infrastructure engineering and property development.
- Shipping and shipbuilding: having advised on claims, and acted in arbitration proceedings, concerning ports, dredging, FSOs & FPSOs, underwater pipelines and offshore platforms.
- Commercial litigation: representing clients in various non-payment, joint venture and funds disputes.
In addition to his contentious work, Michael often advises on contract terms and manages pre-litigation negotiations.
Recent cases
Examples of Michael’s experience include:
Power & Water
A Saudi Arabian contractor on claims for delay and increased costs (as Main Contractor and Claimant) in dispute with a Saudi Arabian government entity (as Employer) under a Utilities & Concession Agreement concerning a giga-project in Saudi Arabia (being one of the world’s largest construction projects in 2023). The project concerned plants for power, water, district cooling, waste water, solid waste and associated infrastructure facilities. The governing law of the contract was England and Wales. Claims concerned claims for delay and additional costs from 5 EPC Contractors and those claims being pushed up the contractual chain to the Employer. Claims were valued at US$ 400 million.
Oil & Gas
A UAE quasi-government offshore oil and gas producer (as Employer and Respondent) in ad-hoc expert determination proceedings with a contractor under an engineering, procurement and commissioning (EPC) contract related to an offshore project (the Contractor was a consortium including a leading international oil and gas services provider and a Southeast Asian ship builder). The governing law of the contract was the laws of the UAE. Claims totalled US$ 500 million.
General Construction & Infrastructure
A Qatar-based cable installation company (as subcontractor and Claimant) in ICC proceedings with a Chinese engineering company (as main contractor and Respondent) under an amended FIDIC contract concerning the installation of cables and substations on a highway project in Doha. The governing law of the contract was the laws of Qatar, the seat of the arbitration was Doha with a sole arbitrator. Claims totalled US$ 40 million.
Shipping & Shipbuilding
A Shipbuilder (as Claimant) in a dispute with a Middle East government entity (as Respondent) under an engineering, procurement, construction installation, commissioning & start-up (EPCIC) contract for the construction of a floating production and storage offloading (FPSO) vessel. The governing law was the law of the State of Libya, the seat was Paris, France subject to ICC Arbitration Rules. Claims totalled US$ 130 million. Part way through these proceedings the Respondent started a second set of ICC arbitration proceedings whereby the Respondent advanced claims it failed to advance in the first set of proceedings. Following a 10-day hearing in the first set of proceedings an award was issued in the Claimant’s favour. Thereafter, the award was enforced which led the Respondent to agree to enter into a settlement agreement withdrawing the second set of proceedings and paying the sums awarded in the first set of proceedings. These proceedings lasted four years from issuance of the Request for Arbitration until payment of the sums awarded.
Commercial litigation
A UAE technology company that provides services to the military (as Respondent) in dispute with a subcontractor (as Claimant) under a commercial consultancy agreement. The governing law was the laws of Abu Dhabi, the seat was Abu Dhabi with a three-member tribunal subject to the ADCCAC Arbitration Rules. The claimant's claims valued at US$ 300,000 were successfully defended after the claimant withdrew its claims prior to a hearing.