Energy Law Profile

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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
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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
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
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
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
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
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