Presentations

Risk Allocation in an Unprecedented World: From Force Majeure to Supply Chain Chaos

This will be an interactive discussion with the speakers sharing their knowledge and encouraging the audience to share theirs, challenge pre-conceptions and established interpretations.
Force majeure as a basis of risk and claim is evolving as real risks to projects increase. No longer hypothetical or remote. Factors to take into account all the time include war, hostilities, famine, disease, adverse weather, trade tariffs and beyond.
How are contracts evolving in different jurisdictions to deal with the new realities and uncertainty around major project contracting?
What are “exceptional events2 and what is the impact of prior knowledge?
How are parties adapting to what is foreseeable?
What is the benefit of early warning, and how does it work in practice?
Does risk allocation exist or is it just a question of “money talks”?
Supply chain risks v benefits, how are these allocated between the Employer and Contractor?

Presenters

Bill Barton

Bill Barton

Partner, Brodies LLP

Leeds

Bill Barton has specialised in all aspects of contentious and non-contentious construction for over 35 years and has formerly been a partner at Walker Morris, Watson Burton, DLA Piper and Barton Legal. He has drafted and litigated on a wide range of projects in the UK, Italy, Pakistan, Maldives, Tunisia, Chile and Korea, ranging from large wind and solar projects to North Sea jack up rigs, as well as hospitals, offices, road and rail infrastructure projects, and oil refineries. He has substantial experience of conducting mediations, adjudications, arbitrations and litigation under TCC, ICC and LCIA. Bill has worked on all major forms of contract, whether FIDIC, IChemE, NEC and JCT as well as many bespoke forms particular to a client or project. His hands on knowledge, expertise and experience will be invaluable to HESI at all stages of the Taean Offshore Wind.

He has particular expertise in drafting and negotiating specialist bespoke contracts whether in relation to wind farms, renewable energy such as solar, biomass, office and industrial developments, colleges or standard construction projects. As a result, he is experienced in drafting amendments to and negotiating not only standard forms of contract such as JCT, NEC and ICE, but also the FIDIC Red and Silver books as well as IChemE Burgundy, Red and Yellow books.

Bill’s experience ranges from industrial developments in Hull, to Scottish and Welsh wind farms, to oil tank farms in Ghana, from construction contracts in Greece to a pharmaceutical plant in Liverpool, from bottling production and supply contracts to PFI contracts, waste management contracts, and contracts for international project owners and contractors.

Bill acts for owners and promoters of projects, international contractors, sub-contractors as well as advising other law firms on complex construction issues.

Bill has trained as a mediator and is a Fellow of the Institute of Arbitrators. He has substantial experience in conducting adjudications, mediations and arbitrations as well as litigation within the TCC, ICC and LCIA.

Andrew Goddard KC High Res

Andrew Goddard KC

King’s Counsel, Atkin Chambers

London

Andrew Goddard KC specialises in the law of commercial obligations, professional negligence and international arbitration, particularly in the context of disputes concerning major infrastructure, construction and engineering contracts and energy projects.
Andrew has experience of PPP and PFI projects in the UK and various Commonwealth jurisdictions. He has also acted as counsel for core participants in public inquiries in the UK and Caribbean.

Andrew is “a creative thinker” and “very analytical” (Chambers and Partners), and is strategic in his approach to the prosecution and resolution of disputes. He believes that the process can be improved by early identification of the real issues, thereby improving the client’s overall experience and, crucially, outcomes. Andrew has acted in numerous disputes referred to arbitration under the auspices of HKIAC, SIAC, ICC, LCIA and LMAA. He also has experience of investor-state disputes proceeding before the International Centre for the Settlement of
Investment Disputes (ICSID).

Related areas of law in which he has detailed knowledge and experience include ship construction and conversion, transport and performance bonds. He is also experienced in judicial review and issues relating to public procurement.

In addition to being a specialist advocate, Andrew has also been appointed as arbitrator, adjudicator, mediator, legal assessor, and legal expert in various disputes. He has also been admitted on an ad hoc basis to the Bars of Hong Kong, Trinidad and Tobago and Tanzania.

Andrew is listed as a leading silk in Construction and International Arbitration by The Legal 500, the Chambers UK Bar Guide, The Legal 500 Asia-Pacific, the Chambers Asia-Pacific Guide, the Chambers Global Guide and Who’s Who Legal. He is also listed in The Legal 500’s Private Practice Powerlist 2023: Arbitration, Hong Kong.

Thomas Crangle – 4PC Barristers Chambers – Profile Photo

Thomas Crangle

Barrister, 4 Pump Court

London

Thomas is a highly sought-after junior specialising in disputes involving construction and energy projects. His practice includes conducting trials, arbitrations and interlocutory applications, acting for and representing parties in mediations and carrying out a full range of drafting and advisory work.

He is frequently instructed on larger cases as junior counsel and has considerable experience of working as part of a team with solicitors, other counsel, clients and experts.

He has a wide range of experience in advising on and conducting applications for interim remedies including for freezing injunctions, specific and pre-action disclosure and security for costs.

International arbitration forms a major part of Thomas’ work in the areas in which he practices. He has built up a wealth of experience in this field and is familiar with the rules of all of the major international arbitration bodies. He has recently been involved in arbitrations conducted under the ICC, LCIA, SIAC and UNCITRAL rules.

Thomas has a wide-ranging practice in Chambers’ core areas with particular focus on:

  • Construction & Engineering
  • Energy & Utilities
  • Professional Negligence
  • Technology & Telecoms
  • Insurance

Thomas is qualified to undertake Public Access work.

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Rahul Narayan

Partner, Chandhiok And Mahajan, Advocates & Solicitors

Delhi

Rahul heads C&M’s Dispute Resolution Practice. His practice consists of complex litigations, and arbitrations across a variety of sectors. He also advises clients on a wide and varied spectrum of laws. His clients include leading multinational and domestic corporations, public sector enterprises, Funds, think tanks and high net worth individuals.
As a litigator, Rahul focusses on the appellate side and regularly argues and briefs senior advocates to appear in the Supreme Court of India, Delhi High Court, and other High Courts across India, including Allahabad, Bombay, Calcutta, Gujarat, Orissa as well as the appellate authorities under consumer, money laundering and electricity laws. He qualified as an Advocate on record with the Supreme Court of India in 2011 and has been involved in several landmark cases involving constitutional law, human rights, insolvency, taxation, land laws and commercial
disputes.

Kirindeep Singh

Kirindeep Singh

Senior Partner, Dentons Rodyk & Davidson LLP

Singapore

Kirindeep Singh is a senior partner in Dentons Rodyk’s Litigation & Dispute Resolution and Arbitration practice groups and is the Co-Head of the firm’s Construction and Energy practices and is also Co-Head of the firms India desk. He was called to the Singapore in 1998 and hold an LLB from the University of Leeds and BCL (Masters in Law) from Oxford University. He was recently re-appointed by the Singapore Academy of Law as a Senior Accredited Specialist in Building & Construction Law in 2023. The accreditation scheme was introduced as a mark of recognition for a select group of legal practitioners who have gained professional excellence in their areas of practice.

Kirin’s primary practice areas include construction and engineering, arbitration, general civil and commercial litigation, anti-corruption and anti-bribery, among others. Kirin has been involved in numerous disputes in litigation (at all levels of the Singapore Courts), adjudication, disputes boards (DABs) and arbitration (both domestic and international arbitrations), as counsel as well as adjudicator and arbitrator.

Kirin is recognised by various legal publications, including as a Recognised Practitioner for Construction by Chambers Asia-Pacific 2016 – 2020, and Leading Individual for Construction by Chambers Asia-Pacific 2021 – 2025, as a Notable Practitioner in Construction Law by asialaw Profiles and for 4 years in the row by the edition of “The Best Lawyers in Singapore.” He was also named in the Euromoney Guide to the World’s Leading Construction Lawyers (2nd Edition) for his construction practice and was described by a client as “as good as any construction KC” by Legal 500. He was also shortlisted as a finalist for Dispute Resolution Lawyer of the Year at the Asian Legal Business SE Asia Law Awards 2023.