Daniel Shaw

Examples of Daniel’s recent significant international arbitration work include:

• Ad hoc arbitration – bespoke form – Middle East seat – Middle East substantive law – various claims valued at over £100m brought by a consultant against an employer, concerning 11 contract packages on a major infrastructure project, culminating in a 5 day preliminary issues hearing in 2021, and a further 45 days of evidential hearings in 2022.

• Ad hoc arbitration – bespoke form – Middle East seat – Middle East substantive law – claims valued at over £90m brought by a package contractor against an employer, concerning an eight-lane motorway, culminating in a 13-day evidential hearing in 2022.

• ICC arbitration – FIDIC Red – London seat – Middle East law – a claim for an extension of time and for more than £85m in damages brought by a subcontractor against a main contractor, concerning oil and gas facilities in the Middle East.

• DIA arbitration – bespoke form – Danish seat – Danish law – a claim for £50m in damages brought by a main contractor against an employer, concerning the design and construction of several new biomass and W2E power stations in Europe, in preparation for 17-day evidential hearing in 2021.

• Ad hoc arbitration – bespoke form – London seat – English substantive law – advising in relation to insurance claims concerning defective pipework repair costs in a large public building in the UK.

• ICC arbitration – FIDIC Yellow – Middle East seat – Middle East substantive law – professional negligence claims for approximately £475m brought by a main contractor against an employer, culminating in a 10-day evidential hearing in 2015, a 24-day evidential hearing in 2016 and a 15-day evidential hearing in 2017.

• Ad hoc arbitration – bespoke form – Middle East seat – English substantive law – advising in relation to a shareholder dispute worth approximately £15m between a Middle Eastern PMCC and its North American shareholder.

• UNCITRAL arbitration – FIDIC Red – English seat – English law – a claim for approximately £10m relating to fraudulent misrepresentation of pre-FEED and FEED services provided by North American consultancy to North African employer, culminating in an 8-day evidential hearing.

• ICC arbitration – FIDIC Red – Middle East seat – Middle East substantive law – advising in respect of claims for approximately £1.5bn worth of defects arising out of construction of new university in the Middle East.

• ICC arbitration – bespoke form – Middle East seat – English substantive law – advising in relation to the termination of a 25-year BOOT contract between a joint venture employer and Middle Eastern contractor following an explosion at a process plant in the Middle East.

Examples of Daniel’s recent significant adjudication work include:

• Defending a professional negligence claim for approximately £500k brought by an employer against an architectural practice concerning a residential project in London.

• Pursuing claims for unpaid fees of approximately £600k brought by a design consultancy against a Chinese develop relating to a mixed-use project in London.

• Defending a claim for £2.5m in relation to asbestos contamination during piling work brought by a main contractor against a sub-contractor concerning a residential project in London.

• Pursuing an injunction restraining a sub-contractor from pursuing ongoing adjudication proceedings and commencing further adjudication on the basis of an abuse of process following a previous strike-out by the County Court (see Marbank Construction Ltd v G & D Brickwork Contractors Ltd [2021] EWHC 1985 (TCC)) and pursuing the subsequent Part 8 claim for a declaration that it would be an abuse of process to enforce the Adjudicator’s award (see G & D Brickwork Contractors Ltd v Marbank Construction Ltd [2021] EWCH 3009 (TCC)).

• Defending claims for approximately £500k for professional negligence brought by an employer against a quantity surveyor acting as contract administrator/employer’s agent in relation to a residential development in London.

• Repeat instructions in four separate adjudications for the same client, defending claims for approximately £25m brought by an M&E subcontractor against a main contractor concerning a power converter station in Scotland.

• Pursuing enforcement, and resisting a Part 8 claim, following an adjudication over an unpaid interim payment application made by a main contractor (RTS Construction Limited v Signature Building Services Limited [2019] (unreported)).

• Repeat instructions in three separate adjudications for the same client, pursuing claims for approximately £1.2m concerning unpaid variations brought by a design consultancy against a joint-venture main contractor in relation to a rail electrification upgrade project in England.

• Pursuing a claim for a declaration brought by a main contractor against a developer relating to remedial works at a housing development in England.

• Defending a claim for approximately £100,000 brought by an M&E subcontractor against a main contractor relating to unpaid retail fit-out works in London.

• Defending claims for declarations concerning extensions of time, and the £4.2m valuation of variations, brought by a main contractor against an M&E subcontract relating to the construction of a pharmaceutical production facility in England.

• Pursuing claims for approximately £1m in unpaid fees, brought by a supplier against a sub-contractor concerning chemical dosing equipment used in water treatment works in Scotland.

• Pursuing claims for approximately £1.5m of unpaid fees arising out of planning and design services worth over £1.5m provided to a local authority in Wales.

• Defending claims concerning defective sewerage design brought by a main contractor against a subcontractor relating to a super-prime property development in central London.

• Pursuing claims arising out of design and construction services worth approximately £500,000 provided to a homeowner in London.

In addition to the international arbitration and domestic adjudication work exemplified in the lists above, Daniel is also regularly instructed to advise, draft pre-action correspondence, draft pleadings, and represent parties involved in construction, engineering, and general commercial litigation.  Examples of Daniel’s recent litigation instructions as sole Counsel include:

• Representing parties at numerous unremarkable adjudication enforcement hearings before the High Court (TCC).

• Advising and representing a Hollywood film producer in a dispute over construction works at his London home, against a main contractor.

• Advising a purchaser in relation to a claim for defective repair and restoration works carried out on a £250,000 vintage automobile.

• Advising and representing a main contractor in an application for a stay to arbitration.

• Advising and representing a sub-contractor in relation to a claim made by a main contractor concerning a fire alarm at a large hospital in London.

• Advising and representing a charity in relation to a defective roof at a meditation centre in England.

• Advising and representing a building contractor in relation to a claim for unpaid fees concerning a residential development in Yorkshire.

• Advising and representing a FTSE 50 executive in relation to a dispute with various parties concerning delays and defects at a self-build residential property.

• Advising a subcontractor on the availability of a bona fide subcontractor defence.

• Advising an Employer’s Agent as to whether he held a lien over his file pending payment of his fees by the Employer.

• Advising the target in respect of a dispute arising out of the takeover of Swiss haulage/transport firm by a joint venture in relation to a dispute worth approximately £1m.

• Advising a main contractor in respect of threatened litigation arising out of cladding of hotel in central London deemed defective following the fire at Grenfell Tower – JCT DB 2009 form.

• Advising a specialist sub-contractor in respect of threatened litigation arising out of cladding of (inter alia) new build properties in White City, London, considered defective following the fire at Grenfell Tower.

• Advising and representing an exporter in litigation against an insolvent service provider arising out of certification of meat products for export.

• Advising an employer in respect of a professional negligence claim arising out of redevelopment of large residential property in Notting Hill, London.

• Advising and representing a claimant in respect of a claim for non-payment, and defending a counterclaim concerning defects, arising out of the construction of a new road in west London.

• Representing a national hotel chain in its defence of a claim for damages for breach of contract (including on appeal).

• Advising a supplier of specialist products to the automotive industry as to a share and asset purchase by an Indian multinational.