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Kim Franklin KC

Call 1984 • KC 2016

“She is very sharp and commercial but also pleasant to deal with.”
(Chambers & Partners)

Infrastructure Projects

  • Party appointment, LCIA rules, broadcasting infrastructure project in Qatar.
  • Party appointment, ICC rules, operations facilities works at two airports in Oman.
  • Party appointment, QICCA rules, support works for metro project in Qatar.
  • Acting as Adjudicator for disputes under a contract for health care facilities and carpark in the UK.
  • 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, high value £66m claims by service provider under PFI contracts for UK roads.
  • 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.

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

  • Adjudicator under TeCSA Rules for high value claim for payment and delay damages under contract for bespoke UK office building.
  • Party Appointed Arbitrator DIAC rules multi-storey construction, Dubai.
  • Sole arbitrator, ICC Rules, dispute arising out of 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.
  • Acted as leader with success, for a multi-national JV dispute, UAE law, hotel complex on 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

  •  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.
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Events


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News


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Articles


Qualifications


  • King’s Counsel – 2016
  • Chartered Arbitrator/FCIArb – 2000/1997
  • Accredited Adjudicator – 1998
  • Called to the Bar (Middle Temple) 1984
  • LLB University of Warwick 1983.

Publications and Conferences

  • Joint editor of the Construction Law Journal.  Popular Legal Column in The Architects Journal.
  • Inspirational speaker for professional women IWD (2021-2022).
  • Chairing MBL Construction Law Conferences (2017- 2022).
  • Speaker at Society of Construction Arbitrators conference 2022.
  • Panel chair for CIArb DAS Convention (2019, 2020).
  • Panel speaker at GAR Live, Paris Arbitration Week (2019) and Abu Dhabi (2024) Lecturer, Construction Law MSc, Kings College London.

Memberships


  • ICC UK Arbitration & ADR Committee Member and Expedited Procedures Working Group.
  • Chartered Institute of Arbitrators (Specialist Adjudication Group former London Branch PRO and PCC Chair).
  • SCA (Former Committee Member).
  • SCL (Former Council Member).
  • London Court of International Arbitration (LCIA), Worshipful Company of Arbitrators (Liveryman).

Rankings


  • A well-regarded silk with expertise in complex international disputes involving engineering infrastructure projects, Kim Franklin KC acts in DIAC and ICC arbitrations in the UK and the Gulf.
  • She has everyone eating out of her hand. If there are two warring parties, Kim as arbitrator gets them to cooperate and calms everybody. 
  • Very well organised and good at keeping the parties to the mark.  Writes extremely clearly and immediately. 
  • Clever, practical and no-nonsense, she has no airs and graces and is fun to work with. 
  • She has a good, firm hand on the tiller and is very good at steering a case.  She shows a great energy and endless patience. She gets the job done and puts her back into it.
  • Extremely talented with formidable attention to detail and enormous experience….. A true construction expert, especially good on international cases. 

Recommendations


“Kim is a delight to work with; sensible and proactive.”

Chambers & Partners, 2023

“She is always a pleasure to work with. She is really good at reducing complicated matters and she is always one of the best prepared.”

Chambers & Partners, 2022

“She is very sharp and commercial but also pleasant to deal with.”; “She has everyone eating out of her hand. If there are two warring parties, Kim as arbitrator gets them to cooperate and calms everybody.”

Chambers & Partners, 2021

“She is very practical, good with clients, and writes extremely clearly and immediately.” “She is very well organised and very good at keeping the parties to the mark.”

Chambers & Partners, 2020

“An excellent new silk”

Legal 500, 2017

“Terrific with clients.”

Chambers & Partners, 2017

“A skilled advocate with a pragmatic approach.”

Legal 500, 2017

“She has a deep knowledge of construction law.”

Chambers & Partners, 2016

“A true construction expert, especially good on international cases.”

Legal 500, 2015

“She has a good , firm hand on the tiller and is very good at steering a case.” “She shows a great deal of energy and endless patience.” “She gets the job done and puts her back into it..”

Chambers & Partners, 2015

“extremely talented” with “formidable attention to detail and enormous experience.”

Chambers & Partners, 2014


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