Daniel Shaw

Daniel’s main area of practice is international arbitration concerning major construction/engineering projects.

He has been instructed in matters concerning clients, projects, and the laws of a wide variety of countries outside England and Wales, including Egypt, Saudi Arabia, Kuwait, Morocco, Oman, the UAE, Lebanon, Qatar, Hong Kong, Germany, the USA, Switzerland, and Denmark.

Whilst instructed on Middle Eastern disputes, Daniel has spent extended periods of time living and working alongside his clients, in particular in Saudi Arabia, Qatar, and Oman.

He has experience of most FIDIC forms, as well as bespoke agreements. He has participated in ad hoc, ICC, LCIA, DIA, and HKIAC arbitrations.

Examples of Daniel’s international arbitration work include:

– a dispute between two sub-contractors concerning a new runway at an existing major international airport in China, involving a claim for approximately £30m, and a counterclaim for approximately £97m. Daniel is acting for the sub-contractor claimant, as junior to Andrew Rigney KC. There have been 19 hearing days to date.  The issues included breach of contract, interpretation of settlement agreements, change orders, and non-payment;

– a dispute between an employer and a consultant concerning the construction of a new airport in the Middle East, involving a claim for approximately £100m. Daniel acted for the employer respondent (alongside Anna Laney KC prior to her taking silk) as junior to Crispin Winser KC, and Rupert Choat KC. There have been 50 hearing days, including a preliminary issues hearing at which Daniel appeared as sole Counsel.  The issues included breach of contract, delay, prevention, time at large, extension of time, termination, disruption, prolongation, change orders, and non-payment;

 – a dispute between an employer and a main contractor concerning a new eight-lane highway in the Middle East, involving a claim for approximately £90m. Daniel acted for the employer respondent, as junior (alongside Robert Stokell) to Crispin Winser KC. There were 13 hearing days.  The issues included breach of contract, delay, prevention, disruption, prolongation, health and safety breaches, change orders, and non-payment;

 – a dispute between two sub-contractors concerning expanded oil and gas facilities in the Middle East, involving a claim for more than £85m. Daniel acted for the sub-contractor claimant, as junior to Crispin Winser KC. The case did not reach a hearing.  The issues included breach of contract, repudiation, delay, prevention, time at large, extension of time, settlement agreement interpretation, termination, bond calls, disruption, prolongation, change orders, and non-payment;

 – a dispute between an employer and a main contractor concerning several new biomass and waste-to-energy power stations in Europe. Daniel acted for the main contractor, as junior (alongside Charles Pimlott) to Ben Quiney KC. The case settled shortly before a 17-day merits hearing.  The issues involved structural defects, delay, and insurance coverage;

 – a dispute between a subcontractor target, and its consultancy acquirer, concerning the expansion of the Masjid al-Haram in Makkah, Saudi Arabia.  Daniel acted on a direct-access basis as sole Counsel.  The case did not reach a hearing.  The issues involved breach of contract, and non-payment;

 – a dispute between an employer and a main contractor for approximately £475m concerning an airport terminal building in the Middle East. Daniel acted for the employer, as junior to Rupert Choat KC and Crispin Winser KC. The were 49 hearing days.  The issues included breach of contract, negligence, defects and delay;

 – a dispute between a contractor target and its contractor acquirer, worth approximately £1m, arising out of the takeover of Swiss haulage/transport firm by a joint venture competitor.  The case did not reach a hearing.  The issues included breach of contract and non-payment; and

 – a dispute between a main contractor and a consultant for approximately £8m, arising out of the construction of a process plant in Egypt.  There were 10 hearing days on liability and quantum.  The issues included fraudulent misrepresentation, breach of contract, and non-payment.

In addition to his international arbitration work, Daniel is regularly instructed to advise, draft pre-action correspondence, draft pleadings, and represent parties involved in domestic construction, engineering, and general commercial litigation.

Examples of Daniel’s recent domestic instructions include:

– a £50m insurance dispute between a main contractor and an insurer concerning the construction of a hospital in the north of England. Daniel acted for the main contractor, led by Isabel Hitching KC.  The case was bound for arbitration, but settled following a mediation in 2025;

– acting as sole counsel in a multi-million pound High Court (TCC) dispute between a sub-contractor and a main contractor concerning the design and installation of a fire alarm system at a large hospital in London.  Daniel acted for the main contractor, instructed by Clyde & Co as sole counsel;

– acting as sole counsel in relation to numerous adjudication enforcement decisions, in the High Court (TCC), including in cases involving novel and unusual situations such as:

a party seeking an injunction restraining a sub-contractor from continuing to pursue adjudication proceedings on the grounds of 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

a pursuing a 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));

– acting as sole counsel in a dispute between a Hollywood film producer and a main contractor (which entered into liquidation part-way through the proceedings) concerning the renovation of a large house in Notting Hill, London.  Daniel was instructed  for the employer.  The dispute settled following a mediation in 2021;

– a long-running dispute between a main contractor and an Architect concerning the defective design of conical warm zinc roof at a meditation centre in England.  Daniel is instructed as sole counsel for the main contractor;

Daniel is regularly instructed to act as Adjudicator, giving him a valuable insight into what constitutes successful and persuasive written submissions and supporting documents.  Recent significant instructions as Adjudicator include:

– an appointment in an £9.7m dispute concerning the groundworks and utilities installation in England;

– an appointment in a £5.5m dispute concerning flammable cladding on student accommodation in England; and

– an appointment in a £1.4m dispute concerning works to gas mains in England.

Daniel is also regularly instructed to act as party-representative for those involved in adjudications.  Recent significant instructions as party-representative include:

– instructions in several successive adjudications worth approximately £1.2m concerning unpaid variations on a rail electrification upgrade project in England;

– instructions in defending a claim for £2.5m in relation to asbestos contamination during piling work brought by a main contractor over a large residential project in London;

– instructions in a £600k claim for unpaid fees against a Chinese developer relating to a large mixed-use project in London;

– instructions in several successive adjudications to defend claims for approximately £25m brought by an M&E subcontractor concerning a power converter station in Scotland;

– instructions in a £4.2m claim for variations and extensions of time brought by a main contractor against an M&E subcontract relating to the construction of a pharmaceutical production facility in England;

– instructions in a £1m unpaid fees claim brought by a supplier against a sub-contractor concerning chemical dosing equipment used in water treatment works in Scotland; and

– instructions in a £1.5m claim for unpaid fees arising out of planning and design services provided to a local authority in Wales.