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Kim Franklin QC

Call 1984 • QC 2016

"She has a deep knowledge of construction law and is a very skilled advocate."
(Chambers UK 2016)

Kim Franklin QC is a specialist international lawyer, in the construction, engineering and infrastructure sectors, focussing on the resolution of disputes arising from complex projects in international arbitration. She acts as counsel in the UK Construction and Appeal Courts, including the Privy Council (Supreme Court) and in the Caribbean.

Kim has conducted numerous ICC and DIAC arbitrations in the UK, the UAE and GCC countries. She acts as party appointed arbitrator and Tribunal Chair and also acts as Construction Adjudicator for complex UK disputes.

Appointed Queen’s Counsel in 2016, Kim has a flair for technically complex, document-heavy disputes, often involving project delay. She has sound strategic judgment and is popular with clients. She speaks at international conferences including the Superyacht Design Symposia, and has a keen interest in superyacht procurement.

Adjudicators

Kim Franklin QC is an accredited Construction Adjudicator with TecSA, TECBAR, CIArb and the RIBA. She specialises in complex disputes, often working with other expert disciplines.

Selected Cases

  • Engineering services claims for the design of a UK ‘black sack’ waste recovery park (2016).
  • Very complex £12m claims under two contracts for maintenance of large scale social housing in two regions of the UK (2016).
  • Successive claims by design and build contractors for a large residential development in West London (2015 / 2016).
  • Complex £4m claims arising out of the refurbishment of an historic estate residence in the UK – conducted over 4 months (2014).
  • Claims by international consultants for services provided at UK steelworks (2014).
  • A series of claims by interior designers and contractors for the refurbishment of luxury London residences including double basement excavation (2013 / 2014).
  • Defective panoramic elevator system for iconic project on the UK’s south coast (2013).
  • Claims against professional consultants – Terminal 5, London Heathrow (2010).
  • Disputed contractor’s claims for works at a UK liquid gas processing plant (2010).

Arbitrators

Kim Franklin QC is a Chartered Arbitrator. She is appointed as party-representative and chair for domestic and international arbitrations including ICC, DIAC and ad hoc appointments.

Selected Cases

  • Party appointment for arbitration under UNCITRAL rules seated in Bahrain for claims arising out of a contract for dredging and land reclamation works.
  • Party appointment for ICC arbitration concerning defects to a fertilizer terminal in Tanzania.
  • Tribunal chair for ICC arbitration for specialist contract claims for airport construction in Qatar.
  • Party appointment in ICC arbitration of specialist contract claims for airport construction in Oman.
  • Tribunal chair for DIAC arbitration concerning the design and construction of a residential complex in Dubai.
  • Party appointment for DIAC arbitration under a contract for the construction of marine infrastructure in Dubai with interlocutory issues of UAE law.
  • Sole determination of issues arising on a PFI maintenance contract for 30 schools in the UK.
  • Sole arbitrator for claims by Local Authorities for defective housing stock in the UK’s South East.
  • Sole arbitrator for claims by contractors arising out of contracts for MOD housing in the UK’s South West.

Construction & Engineering

Selected Cases

  • Represented site audit surveyors in a ground-breaking High Court negligence by latent defects insurers arising out of insurance cover provided to over 22 housing estates in Eire.
  • Advised geotechnical engineers at Staffordshire County Council in connection with complex High Court claims for misrepresentation of ground conditions at a reclaimed mining site in the UK.
  • Acted for a building surveying practice successfully resisting High Court claims raising issues of negligence, fraud and reputation arising out of the refurbishment of a luxury family home in North London. Appeared with success at several arbitration hearings, 2 reported appeals to the TCC, contested enforcement proceedings and a second action by trustees.
  • Acting a party appointed arbitrator for an ad hoc arbitration of claims under a contract for dredging and land reclamation works in Bahrain.
  • Acting as chair for an ICC Arbitration concerning specialist contractor claims arising out of the construction of an airport in Qatar.
  • Acting as party appointed arbitrator for an ICC Arbitration concerning specialist contractor claims arising out of the construction of an airport in Oman.
  • Acting as party appointed arbitrator for a DIAC Arbitration dispute over the construction of a canal system linked to the Creek, Dubai.
  • Advised an urban development corporation in Port of Spain, Trinidad, in respect of a government enquiry into public procurement of its opera house, library, sports facilities and public office developments.

Energy & Natural Resources

Selected Cases

  • Acting as leader for an Antiguan power provider in its successful Privy Council Appeal against an American Bank.
  • Advising an Antiguan power company in relation to claims against the Government for breach of a Joint Venture Agreement in favour of a rival foreign contractor. Representing the power company at first instance, the Eastern Caribbean Court of Appeal and appearing for the power company in its successful appeal to the Privy Council. Advising on complex damages claims and claims for procuring a breach of contract.
  • Advising power providers in the UK in connection with claims arising out of the construction of power plants in the UK. Advising and acting in several arbitration hearings of claims including the construction of the piled foundations.

Property Damage

Representing a family development company claiming loss of future development profits after the destruction of a development property by fire. Appeared with success in the TCC.

Acting for a national contractor successfully resisting a contribution claim arising from the fire damage to the Co-op’s headquarters building. Appeared with success in the TCC, the Court of Appeal and the House of Lords.

Advising on complex limitation issues arising out of High Court claims for fire damage to a retail development in the South East.

Luxury Residential

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.

Deciding as tribunal chair a Dubai Arbitration concerning concrete defects in a residential complex in Dubai.

Deciding as Adjudicator claims by interior designers and contractors arising out the refurbishment of luxury London residences.

Deciding as Adjudicator for extension of time claims under a contract for the construction of a double level basement excavation extension for a prestigious residential property in Notting Hill, London.

Advised developers of two high specification residential properties in London’s Avenue Road in connection with party wall disputes arising from the construction of multi level subterranean basements.

Advised architects designing luxury town house developments in Chelsea, London and successfully resisted the developer’s adjudication claims.

Represented specialist fit out contractors in their high profile claims for the refurbishment of a luxury family residence in London’s Notting Hill for a high net-worth owners.

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.

Events


News


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Qualifications


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

Memberships


  • Chartered Institute of Arbitrators (Former PCC Chair)
  • Society of Construction Arbitrators (First Woman Member)
  • Society of Construction Law (Former Council Member)
  • Technology & Construction Courts Barristers Association (Former Committee Member)
  • Worshipful Company of Arbitrators (Liveryman)

Recommendations


“An excellent new silk”

Legal 500, 2017


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