Energy Law Profile Name: Adam Constable Call: 1995 Email: aconstable@keatingchambers.com Senior Clerks: Nick Child John Munton Adam Constable has long been recognised as specialist in energy law, particularly in relation to disputes arising from the design, construction and operation of facilities or vessels for use in the energy sector. He has acted on numerous challenging technical and heavy engineering disputes relating to projects including power station construction, sub-sea gas pipelines, oil rigs and offshore support vessels. Mr Constable has acted for energy sector clients in the UK Technology and Construction Courts (part of the High Court) and in the Court of Appeal. He has also acted on numerous international arbitrations under various bodies including (amongst others) the International Chamber of Commerce (ICC), London Court of International Arbitration (LCIA) and SIAC (Singapore International Arbitration Centre). Mr Constable’s recent energy cases include an ICC arbitration involving a major power plant project, another relating to a substantial Middle East gas-infrastructure project, an LCIA arbitration relating to the construction of oil gathering facilities and High Court litigation under Uzbek law arising out of a blow-out at an oil well in Uzbekistan. Adam Constable was named Junior Construction Barrister of the Year at the Chambers & Partners Bar Awards at the Grosvenor House Hotel on Thursday 4th October 2007. It was the second year in a row that Mr Constable had been nominated. The Judges commended him for his “eye for detail, thorough preparation, and a robust and engaging court demeanour”. Professional CV MA in Jurisprudence, Balliol College, Oxford Called to the Bar Pupillage and Tenant at 2 Temple Gardens, London Keating Chambers Appointed as Treasury Counsel TECBAR Accredited Adjudicator Lecturer on International Construction Construction and Arbitration, Queen Mary's College, University of London Inner Temple Advocacy Training Committee Public Access Training 1994 1995 1995 2002 2002 2004 2007 2007 2008 Energy Profile: Adam Constable _________________________________________________________________________________________________ Memberships Technology and Construction Bar Association (TECBAR) Professional Negligence Bar Association Society of Construction Law Adjudication Society Society of Computers and Law Chartered Institute of Arbitrators Recommendations Construction Junior of the Year 2007/8 Chambers and Partners Bar Awards “Outstanding…. “…Adam effortlessly grasps technical issues and goes two or three steps beyond – he just seems to glide through documents.” Chambers and Partners Energy Section 2008 "Especially high praise amongst peers, clients and solicitors." “A real standout lawyer” “…hard working and has an outstanding court manner.” Chambers and Partners Construction Section 2008 "Incredibly bright, personable and user-friendly" Legal 500 2007 ".impressing all with his assured courtroom performances and exemplary drafting skills." "thorough" and "hard-working" first choice construction junior. Chambers and Partners 2007 Examples of Energy Law Dispute Work Substantial Commercial Court claim arising out of a blow-out at an Oil Well in Uzbekistan, involving numerous technical and legal issues, under Uzbekistan law. High Court proceedings relating to interim payment claims relating to the fabrication and erection of pipe work at a UK liquid natural gas facilities, including the proper construction and applications of pain/gain clauses. LCIA arbitration arising out of the design and construction of an oil gathering plant in Kuwait. Claims included variation account, delay and disruption (Swiss substantive law). Exploration of detailed mechanical and electrical engineering evidence. Construction of alleged exclusion/notification clauses. High Court/Court of Appeal litigation relating to design of nuclear waste encapsulation plant. Trial involving detailed design issues, the effect of resulting delays on construction. Contractual/legal issues relating to time of the essence and time at large. Energy Profile: Adam Constable _________________________________________________________________________________________________ ICC arbitration relating to a major international gas pipeline project in Middle East. Issues of contract construction, technical expert evidence relating to pipe coating facilities and operation. Substantial adjudication relating to the design and construction of a UK bio-fuels plant. Technical issues relating to alleged defects in the design and construction of bio-fuels plant, and compliance with specification. Significant ICC arbitration arising out of the construction of energy plant in Abu Dhabi. Contractual issues relating to construction of termination provisions and valuation of EPC contract work completed. Technical issues arising out of allegedly defective design and construction of boilers, failure to meet specified output and other performance indicators. Adjudications arising out of the construction of an offshore wind farm development. Interruption to cable laying operation and subsequent damage to power cables. Related contractual and technical issues. Substantial SIAC arbitration relating to construction of the HoPing Power Plant in Taiwan raising issues relating to the validity of pay when paid clauses and extensions of time and various technical disputes. $100m LCIA arbitration in relation to the construction in Singapore of a floating production storage vessel for the Norwegian oil fields. Numerous technical process and structural engineering issues as well as interpretation of contract scope. Expert determination relating to the design, construction and operation of a combined cycle gas turbine cogeneration facility producing electricity and industrial steam. Advised on issues relating to the construction of filtration and desulphurisation systems at a coke calcination plant, involving consideration of the application of contractual termination provisions. Recent Reported Energy Cases Ledwood Mechanical Engineering Ltd v Whessoe Oil and Gas Ltd [2007] All ER (D) 294 TCC Shawton Engineering Ltd v DGP International [2006] CILL 2306 CA Publications Construction Claims- RICS Case in Point Series Adam Constable and Calum Lamont November 2007 Building Defects - RICS Case in Point Series Adam Constable & Calum Lamont July 2006 Energy Profile: Adam Constable _________________________________________________________________________________________________ Co-Editor, Keating on JCT Contracts [ Looseleaf & CD-ROM ] (General Editor: Adrian Williamson QC) Researcher for Keating on Building Contracts (7th Edn Supplement). Articles and Lectures: “Disputes and Energy Insurance Law”; 43rd Steege Kingston lecture. “Book review on HHJ Coulson’s “Technology and Construction Court”. NLJ 08.12.06 “Construction Industry Payment And Adjudication Legislation: The Choice That Lies Ahead For Malaysia” International Construction Law Review January 2006. “Constructing Terms of Engagement – JCT’s Major Project Form” 2003 NLJ 1315. “A Practical Guide to Arbitration” 2003 NLJ 1413. “C&B Scene: The Unanswered Questions” (Jun 2002) Construction and Engineering Law. “SCL Delay and Disruption Protocol: Our Prayers Answered?” (Jan 2002) Tolley’s Construction Newsletter. “Limitation: Brocklesby Banished and a Clear Future?” (Nov 2001) Tolley’s Construction Newsletter. Other Information Adam Constable enjoys spending time with his young family, rugby, golf and the odd card trick. Contact Us If you would like to discuss ways in which Keating Chambers can assist you or your organisation, please contact the Senior Clerks, John Munton and Nick Child, in the first instance, on +44(0)20 7544 2600. They and their teams of Clerks will be pleased to advise you on the member of Keating Chambers appropriate to your requirements. Keating Chambers 15 Essex Street London WC2R 3AA United Kingdom Tel: +44 (0)207 544 2600 Fax: +44 (0)207 544 2700 Email: seniorclerks@keatingchambers.com Web: www.keatingchambers.com