07 March 2017

Cross border KWM team secures major win in construction arbitration case

King & Wood Mallesons (KWM) secured a major victory for a high profile Kuwaiti developer, owned by Kuwaiti Royals, in a USD 100 million construction arbitration case seated in Doha, Qatar.

The arbitration related to the construction of one of the largest hotel projects in Qatar, with the counterparty initiating proceedings under the 2012 Arbitration Rules of the International Chamber of Commerce (ICC) – a claim which was successfully resisted by KWM on jurisdiction grounds.

Following the dismissal of ICC proceedings, the parties mutually agreed to initiate the ad hoc arbitration for final determination in February 2016 – which resulted in a successful win.

The KWM team, comprising of lawyers from Dubai and Hong Kong, was led by partners Tim Taylor QC, Ghassan El Daye and Joanne Strain, and supported by Counsel Richard Lyons, Managing Associate Arash Rajai and Associate Parnika Chaturvedi.

Commenting on the matter, Tim Taylor said: “KWM addressed complex construction engineering matters to successfully defend claims of over USD 35 million, in addition to obtaining an award in favour of the client in excess of USD 25 million.”

“This significant win represents the second time KWM has achieved success for this developer in distinct arbitration proceedings.”

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