Kim Franklin KC

Infrastructure Projects

• Party appointment, ICC Arbitration under Saudi law arising from contract for civil engineering works for a major metro infrastructure project.
• Dispute Board Member for final account claims for a container terminal in Central America.
• Party appointed Adjudicator for disputes under a contract for demolition works for HS2.
• Tribunal chair, ADCCAC Arbitration under a contract for military facilities in the UAE.
• Acting as Adjudicator for high value £66m claims by service provider under PFI contracts for provision of roads in the UK Midlands.
• Party appointment, ad hoc arbitration for dredging and land reclamation works in Bahrain.
• Tribunal chair, ICC Arbitration for specialist contractor claims for airport construction in Qatar.
• Party appointed arbitrator, ICC Arbitration for specialist claims for airport construction in Oman.
• Party appointed arbitrator, DIAC Arbitration for construction of a canal system at Dubai Creek.
• Deciding, as sole UK arbitrator, disputes arising out of the refurbishment of railway stations.

Selected Cases

Mechanical Electrical and Plumbing Systems

• Party appointed adjudicator for LTHW systems for a college building in the UK’s North.
• CIArb appointed Adjudicator for MEP claims under contract for food manufacturing facility.
• Acting as Adjudicator for dispute arising out of the construction of one of the UK’s largest GSHP.
• Sole Arbitrator in ICC arbitration for MEP systems to a mixed use development in Abu Dhabi.
• Acting as Tribunal chair for specialist computer system claims in airport construction, Qatar.
• Decided as Adjudicator a dispute between a UK Contractor and Italian lift suppliers concerning the provision of an external panoramic lift for a landmark tower on the UK’s south coast.

Selected Cases

Luxury, Residential and Commercial

• Sole arbitrator, ICC Rules, for a dispute arising out of an agreement for electronic trading platform services.
• Appointed as Adjudicator for complex and high value disputes arising out of the external refurbishment and cladding of a number of tower blocks in the north of England.
• Advising high net worth individuals on claims arising out the refurbishment of London residence.
• Acting as Counsel for an international contractor in its arbitration claim against Dubai’s largest residential developer arising out of one of Dubai’s first foreign built residential tower blocks.
• Deciding as Adjudicator for complex disruption claims under a contract for the refurbishment of an historic estate residence in Hampshire, UK.
• Tribunal chair, DIAC Arbitration concerning concrete defects in a residential complex in Dubai.
• Adjudicator for claims by interior designers for the refurbishment of luxury London residences.
• Adjudicator for extension of time claims for double level basement excavations at a prestigious residential property in Notting Hill, London.

Selected Cases

Superyacht

• Advising superyacht project rescue consultants on issues arising out of the construction of two 100m private yacht projects.

Speaker at the Superyacht Design Symposium at Palm Beach, Florida US 2011.

Selected Cases

Previous Work as Counsel in Arbitration

• Successfully represented ICC arbitration claims against Dubai’s largest residential developer.
• Represented international M&E consultants successfully defending complex arbitration claims for the fit out of the largest retail outlet in Dubai Mall.
• Acted with success as leader, representing a multi-national joint venture in arbitration under UAE law concerning a hotel and residential complex on the Dubai Palm.
• Advised an Urban Development Corporation in a Government Enquiry in Trinidad & Tobago.
• Successfully acted for Japanese developers in extended ICC arbitrations for a UK chemical plant.

Selected Cases

Selected reported cases include:

 American International Bank Ltd (in receivership) v Landmark Ltd [2014] UK PC 17 (Privy Council) successfully upheld agreement for electricity supply in Antigua.

Antigua Power Company Ltd v Attorney General [2013] UKPC 23 (Privy Council) successful appeal upholding JVA for electricity provision in Antigua.

CRS v Taylor Young [2002] HL – Professionals’ contribution claim struck out – co-insured Contractor/Employer not ‘liable’ under Civil Liability (Contribution) Act 1978.

West Faulkner Associates v. London Borough of Newham (1994) CA 71 BLR 1 – Successfully resisted Architects’ negligence claims.  Meaning of ‘regularly and diligently’ in JCT Contract.

Events

• Dubai Arbitration Week, 14-18 November 2022
• Kim Franklin QC to chair MBL’s Construction Law – 2022 Virtual Conference

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News

• Kim Franklin QC to join panel at upcoming CIArb London Branch and KCL webinar: “Streamlining Evidence In Construction Disputes”
• Roger ter Haar QC, David Sears QC and Kim Franklin QC appointed to ADGM Arbitration Centre – Panel of Arbitrators

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Qualifications

• Chartered Arbitrator (2000)
• Accredited Adjudicator (1998)
• FCIArb (1997)
• LLB, University of Warwick (1983)

Publications and Conferences

• Joint editor of the long established Construction Law Journal.
• With Susan Lindsey, Kim was well known for their popular Legal Column in The Architects Journal.
• Inspirational speaker for professional women.
• Panel chair for CIArb DAS Convention (2019, 2020).
• Panel speaker at GAR Live, Paris Arbitration Week (2019).
• Chairing MBL Construction Law Conferences (2019, 2018 and 2017).
• Presented papers to the Society of Construction Law, Cardiff, Derby (2018) and UK Conference (2016).
• Lecturer, Construction Law MSc, Kings College London.

Memberships

• ICC UK Arbitration & ADR Committee Member
• Technology & Construction Courts Barristers Association (TECBAR)
• Chartered Institute of Arbitrators (London Branch Public Relations and former PCC Chair)
• Society of Construction Arbitrators (Former Committee Member)
• Society of Construction Law (Former Council Member)
• London Court of International Arbitration (LCIA)
• Worshipful Company of Arbitrators (Liveryman)
• Arbitral Women.