Daniel Shaw

International Arbitration

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.

Selected Cases

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Awards

Mould Senior Scholarship, Gray’s Inn
Robin Jacob Discretionary Award, Gray’s Inn
Albion Richardson Award, Gray’s Inn
Sweet & Maxwell Prize / Thomson Reuters Law Prize
Michael Whincup Prize
KJD / Freeths Prize
Hudson Prize High Commendation
Brooking Prize Commendation

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