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Roger ter Haar KC

Call 1974 • KC 1992

“He is very experienced, hugely well-known and hugely well respected. He has a massive following globally.”
(Chambers & Partners)

Roger’s practice as an international arbitrator covers Construction, Engineering, Insurance, Re-insurance, Energy, Shipbuilding and Professional Negligence.

In June 2020 he decided to limit the number of new instructions in which he would act as counsel in order to concentrate on work as an arbitrator. During a career spanning over 40 years as an advocate, he appeared as leading counsel in many cases in these areas before trial and appellate courts and arbitral tribunals, including a number of high-value international arbitrations in London, Paris, Geneva, Muscat, Dubai, Qatar, Hong Kong, Singapore, Perth, New York and Washington D.C., and included claims where the amounts at stake were in billions of dollars.

He has vast expertise in the areas of major infrastructure works, Energy (including notable experience in respect of wind farm and Oil & Gas disputes), contracts for the sale of oil, claims related to waste disposal plants and claims relating to contracts for the construction and maintenance of power stations, including, in one case, a combined power station and desalination plant. He has experience of price disputes including price escalation and indexation issues in respect of power and rail projects.

Additionally, his experience covers allegations of negligence against financial service advisors, insurance brokers, underwriting agents, doctors, solicitors, barristers, surveyors and valuers, architects, engineers, quantity surveyors, patent agents, educational psychologists, teachers and others.

Roger’s appointments include presiding arbitrator, tribunal member and sole arbitrator, principally (though by no means exclusively) in ICC, LCIA, DIAC and SIAC. Arbitral seats have included London, Dubai, Doha, Riyadh, Oman, Singapore, and the Caribbean. His appointments have involved a wide variety of governing laws, including the laws of England, Hong Kong, Australia, and India as well as Sharia law.

His common law expertise is complemented by a wide experience of civil law systems, including UAE, Oman, Qatar, Kuwait, Egypt and the Philippines.

Roger’s International practice spans the globe. He has acted in or advised in respect of or arbitrated disputes arising from projects in: Afghanistan, Australia, Azerbaijan, Bahrain, Bangladesh, Brunei, Bulgaria, China, Cyprus, Dubai, Egypt, Eire, Hong Kong, Gibraltar, India, Indonesia, Isle of Man, Israel, Jersey, Kuwait, Libya, Oman, Pakistan, Panama, the Philippines, Qatar, Saudi Arabia, Singapore, Sudan, Taiwan, Tanzania, the USA, Venezuela and, of course, the UK.

Roger is a member of the HKIAC Panel of Arbitrators, the Panel of KCAB International Arbitrators, the ADGM Arbitration Centre Panel of Arbitrators and of the FIDIC President’s List of Adjudicators. Additionally, he formerly sat as a Chairman of a Lloyd’s Disciplinary Committee.

He sits as a Deputy High Court Judge in the Technology and Construction Court, Administrative Court and the King’s Bench Division of the English High Court of Justice.

Arbitration

Roger has extensive experience of arbitrating acting as counsel in construction and engineering disputes both within the UK and internationally. Cases in which he has been involved as arbitrator or counsel include disputes relating to projects in Afghanistan, Australia, Bahrain, Bangladesh, Eire, Dubai, Bulgaria, Gibraltar, Hong Kong, India, Indonesia, Jersey, Kuwait, Qatar, Pakistan, Saudi Arabia, Taiwan, Tanzania and the United States of America.

He has been appointed as sole arbitrator or chairman of arbitral tribunals by the LCIA, the ICC and DIAC.

As counsel, his clients have included Governments, Local Authorities, other Employers, Contractors, Sub-contractors and professionals. He has acted as Counsel for Claimants and Defendants in numerous professional negligence cases arising out of allegations of negligence against architects, engineers and quantity surveyors.

Selected Cases

Arbitration

Roger has a wealth of experience sitting as arbitrator in major international arbitration disputes. Some selected cases are detailed below:

  • (As party appointed arbitrator): A claim for US $50M plus arising out of a project in Sudan. The issues involved the effect of sanctions upon payment of Bills of Exchange. (ICC)
  • (As Chair): A claim for US $215M in respect of an oil pipe line dispute in Africa. (Ad hoc under UNCITRAL rules)
  • (As party appointed Arbitrator): A claim for US $600M arising out of an LNG project in Australia. (ICC)
  • (As party appointed arbitrator): A claim for the equivalent of £200M arising out of a construction project in Dubai. (DIAC)
  • (As sole arbitrator): A claim for a sum to be defined in respect of a power station project in the Dominican Republic. (Ad hoc)
  • (As party appointed arbitrator): A claim for US $40 million in respect of a power station in Jordan. (SIAC)
  • (As party appointed arbitrator): A claim and cross-claim totalling £540m arising out of a software system for the UK Government (sitting with two retired High Court Judges). (LCIA)
  • (As sole arbitrator): Claim concerning a dredging and reclamation project in Oman. (ICC)
  • (As party appointed arbitrator): US $245M Share Agreement dispute concerning a port in Russia. (LCIA)
  • (As party appointed arbitrator): An AED 800M dispute concerning an airport project. (ADCCAC)
  • (As Chair): A dispute concerning as car park project in Doha. (QICCA)
  • (As Chair): A SAR 250M dispute concerning a petrochemical project in Saudi Arabia. (ICC)
  • (As Chair): Shipbuilding dispute. (LCIA)
  • (As Chair): A dispute between a South Korean Corporation and an Algerian company concerning a refinery in Algeria. (LCIA)
  • (As party appointed arbitrator): A US $ 500M dispute concerning a dredging and reclamation project in the Philippines.(SIAC)
  • (As sole arbitrator): Dispute as to barrister’s negligence. (UK Bar Council scheme)
  • (As sole arbitrator): HK $100M dispute as to solicitor’s indemnity coverage (HK Solicitors’ scheme).
  • (As sole arbitrator): Dispute as to reliability of rolling stock. (RIDR)
  • (As chair): OMR 7.7M dispute as to a hotel project in Oman. (Ad Hoc)
  • (As chair): US 53M share purchase agreement dispute. (LCIA-DIFC)
  • (As party appointed arbitrator): US 10 million dispute in respect of oil tank farm. (ICC)
  • (As Party appointed arbitrator): Dispute in respect of a transport project. (ICC)
  • (As sole arbitrator):  Insurance dispute concerning business interruption losses. (ad hoc)
  • (As Chair): US $4 billion dispute as to oil revenues. (Ad hoc through PCA)
  • (As party appointed arbitrator): €70M dispute concerning an offshore wind farm off Taiwan. (SIAC)
  • (As party appointed arbitrator): £180M dispute concerning reinsurance arrangements. (LCIA)
  • (As party appointed arbitrator): Dispute concerning revenue streams from a Saudi water treatment plant. (UNCITRAL through PCA)
  • (As party appointed arbitrator): AED 420M dispute concerning a hotel project in Dubai. (DIAC)
  • (As party appointed arbitrator): QAR 46M dispute concerning a transport project in Qatar. (ICC)
  • (As party appointed arbitrator): US 36M dispute concerning a hotel management contract in Qatar. (LCIA)

Dispute Adjudication Board

  • (DAB member): Acted as part of a three-man panel in disputes arising out of a dredging contract at an East African port.
  • (DAB Member): Acted as part of a three-man dispute panel in respect of a power station in South Africa (and two other pending similar DABs).
  • (Chair of DAB): Chairman of permanent dispute boards in respect of a wind farm project offshore the United Kingdom.
  • (Chair): DAB concerning a cement plant in Nigeria.

Adjudication

  • Acted as Sole Adjudication Board member in a dispute between Contractor and Employer arising out of the design, construction and outfitting of 3 Police stations in the Caribbean. (FIDIC Yellow book)
  • Acted as Adjudicator in a dispute regarding delay in design and construction of a PFI waste to energy facility.
  • Acted as Adjudicator on multiple related disputes relating to a new motorway.
  • Appointed Adjudicator in substantial defects dispute in respect of a major PFI hospital project.

News


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Events


Qualifications


  • Felsted
  • Magdalen College, Oxford
  • BA Jurisprudence 1973
  • Became Bencher of Inner Temple 1993
  • (1995-1999: Chairman, Inner Temple Estates Committee)

Memberships


  • Hong Kong International Arbitration Centre Panel of Arbitrators (2013)
  • The Korean Commercial Arbitration Board Panel of International Arbitrators (2013)
  • Chairman, Inner Temple Estates Committee (1995 – 1999)
  • Former Chairman, Lloyds Disciplinary Committee

Recommendations


“Roger is very focused on merit and very, very clever.”

Chambers & Partners, 2024

“One of the most experienced and sharpest minds at the construction Bar. He is bright, insightful, tactically astute and gets up to speed on the most complex factual and technical issues quickly.”

Legal 500, 2024

“He is very experienced, hugely well-known and hugely well respected. He has a massive following globally.”

Chambers & Partners, 2022


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