Offshore Wind Farm
Representing a contractor in relation to a dispute over an EPC contract for an offshore wind farm project, with claims valued at over US$ 500million and subject to English court jurisdiction.
We represented a South East Asian contractor in relation to its dispute concerning the construction and commissioning of an oil refinery worth approximately US$ 1.1 billion. Issues included concurrent delay, extension of time requests, defects and instructed changes. The dispute was highly technical and required our lawyers to work with the client engineers and third party expert engineers to investigate the practical issues associated with the causes of actions which we took forward in our client’s pleaded case.
The dispute was hotly contested between parties and it was our task to ensure that emotion was replaced with pragmatism and careful strategic thinking which ensured that our client headed into the arbitration hearing in the ascendency. The result obtained by our client was exceptional.
We represented Multiplex in commencing Anti Suit Injunction proceedings in the DIFC Courts before H.E. Judge Shamlan to stop a subcontractor from continuing with its action in the local Dubai Courts.
This involved complex arguments of constitutional and contract law and formed part of a wider dispute strategy to manage the client’s risks on the project.
We were successful and therefore Mantle Law obtained the first ever anti-suit injunction from a DIFC Court against a Dubai On-Shore Court which is a major achievement for the client. This is a landmark and very important decision and is a direct result of Mantle Law’s advice, strategy and application through the DIFC Court process. A real testament to the quality that Mantle Law delivers. In addition, we are representing Multiplex in contempt proceedings against Elemec in the DIFC Court and before the Dubai Public Prosecutor.
It has been widely reported by the industry and remains the leading case on this point of law in the UAE.
We represented an international main contractor in respect of six local court proceedings running concurrently in the Abu Dhabi and Dubai Courts in relation to attachment orders and enforcement / annulment proceedings as well as arbitration proceedings related to a major infrastructure project in the UAE. This required Mantle Law to draft all major pleadings and manage a range of additional parties including local lawyers, experts in four disciplines, barristers and the client’s project teams.
The structure of local court claims and arbitration required careful strategic management as well as an understanding of the UAE Civil Code and relevant Court of Cassation authorities to support our client’s position.
We are lawyers that like to come to site and we set up dispute clinics with the client and its team to ensure we that we were integrated into the client team, earned their trust and were shoulder to shoulder throughout the dispute process. We were able to draw on our excellent barrister connections to bring barristers into the Mantle team to ensure the transition from evidence to pleadings was seamless. The experts retained were known to us for many years and were managed to ensure that the risks were identified and addressed.
The client achieved a result beyond its expectations and was able to transform a potentially loss making project into a profit.
We have been engaged by a major UK contractor in a dispute with an envelope sub-contractor relating to delays and defects in its works on two major logistics and distribution facilities in the UK. Following the sub-contractor’s failure to remedy defects in its works, the contractor reluctantly terminated the sub-contractor’s employment on one project so that it could engage others to complete necessary remedial works to achieve completion. This action triggered several “smash and grab” adjudications from the sub-contractor on the other project as well as an adjudication from the contractor to justify its termination on the primary project.
Upon the sub-contractor’s tactics becoming clear, we put together a twin-track pro-active strategy to defend the smash and grab adjudications and maximise the contractor’s recoveries post-termination. We successfully defended a number of adjudications and used the Part 8 procedure to seek a final determination on a point of law which neutralised the adjudication decisions in the sub-contractor’s favour. The court proceedings brought by the contractor required the sub-contractor to repay monies it had received putting the sub-contractor in the same financial position it had been in at the time of termination. The proceedings have clarified an important point of law in relation to the default payment notice regime in the Construction Act. The sub-contractor is currently seeking permission to appeal the relevant orders of the Court to the Court of Appeal.
We are instructed by one of the largest global brands in relation to a potential ICSID arbitration against an African state. We have advised on merits, jurisdictional challenges as well as coordinating a strategy for dealing with local litigation with our local law firm partner. The dispute raises complex arguments relating to definition of investor, legal standing and whether state actions amount to expropriation.
This instruction was won from an international law firm based on our ability to tailor a team to the dispute including counsel and local law support with experience of similar matters and state dynamics.
We are instructed to act on behalf of a PFI project company in connection with major construction defects in one of the largest acute hospitals in Europe. The defects relate to passive fire protection and the dispute raises complex issues as to liability, remediation and quantum as well as managing relevant PFI stakeholders including the NHS Trust, lenders and shareholders.
This dispute showcases Mantle’s experience in PFI/PPP disputes and contract management.
Mantle Law is unique within the market, it being the only construction law boutique. It therefore is able to operate in innovative ways with flexible teams which is only to the benefit of clients.
Legal 500 – 2022The team at Mantle Law demonstrates a breadth and depth of knowledge. Being a boutique offering, the Mantle team is able and willing to provide a much more bespoke service.
Chambers & Partners – 2023
