Roger ter Haar QC. T: +44 (0)

Transcription

1 Roger ter Haar QC

2 Contents International Arbitration... 1 Selected Cases... 2 Construction & Engineering... 2 Selected Cases... 2 Energy & Natural Resources... 2 Selected Cases... 3 Insurance & Reinsurance... 3 Selected Cases... 3 Professional Liability... 3 Selected Cases... 3 ADR... 4 Selected Cases... 4 Qualifications... 4 Memberships... 5 Recommendations... 5

3 Roger ter Haar QC Call 1974 QC 1992 "Brilliant at cross-examination." "He's very good in court and clearly understands what judges and arbitrators want to hear." ( 2017) +44 (0) terhaar@crownofficechambers.com Roger ter Haar QC is an English QC who has practised as a barrister, adjudicator and arbitrator for 40 years at what is now Crown Office Chambers, Temple, London. He has a wide practice that is recognised by such directories as Chambers and Partners, which list him as a leading silk for International arbitration, construction and engineering, commercial dispute resolution, insurance, property damage, professional negligence, and energy and natural resources. He has been nominated as Silk of the Year for construction in the United Kingdom twice and also for professional negligence. He was selected as International Arbitration Silk of the Year in His publications include Construction Insurance & UK Construction Contracts (co-editor), Emden s Construction Law (contributor) and Remedies in Construction Law (author). He is editor-in-chief of the IBA s publication Construction Law International. He acts as counsel in arbitration and litigation (current cases include a US$750 million construction dispute concerning an airport in the Middle East and a US$250 million ICSID expropriation arbitration). He also acts as arbitrator and adjudicator, and sits as a deputy high court judge in the queen bench division, technology and construction court, and administrative court within the English High Court of Justice. International Arbitration Roger has extensive experience of acting in construction and engineering disputes both within the UK and internationally. Cases in which he has been involved as counsel or arbitrator include disputes relating to projects in Afghanistan, Australia, Bahrain, Bangladesh, Eire, Dubai, Bulgaria, Gibraltar, Hong Kong, India, Indonesia, Jersey, Kuwait, Quatar, Pakistan, Saudi Arabia, Taiwan, Tanzania and the United States of America. 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. He has been appointed as sole arbitrator or chairman of arbitral tribunals by the LCIA and the ICC. Experience has included many disputes concerning foreign law including Sharia law.

4 Selected Cases A claim in excess of OMR 220M arising out of an aiport project in Oman. A claim for the equivalent of 500M arising out of a construction project in Dubai (and numerous other disputes in Dubai and Qatar to a total value in excess of $1,000M. Two US $100M disputes arising out of projects in Russia. A claim for US$50M against state owned Bulgarian company on behalf of an Arab contractor. A claim for US $35M concerning a construction project in Afghanistan. A dispute in respect of a Flue Gas Desulphurisation plant in Lithuania. Enforcement of an arbitration award against Government of Libya. Construction & Engineering Roger has extensive experience of acting in construction and engineering disputes both within the UK and internationally. Cases in which he has been involved as counsel or arbitrator include disputes relating to projects in Australia, Bahrain, Bangladesh, Eire, Bulgaria, Gibraltar, Hong Kong, India, Indonesia, Jersey, Kuwait, Oman, Pakistan, Quatar, Russia, Saudi Arabia, Taiwan, Tanzania and the United States of America. 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 cases against architects, engineers and quantity surveyors. Roger sits as an arbitrator and adjudicator in construction and engineering disputes. He sits as a Deputy High Court Judge in the Technology & Construction Court. Selected Cases Geoffrey Osbourne Ltd v Atkins Rail Ltd [2010] BLR 363 (Silver Shemmings). London Underground Ltd v Citylink Telecommunications Ltd [2007] EWHC (TCC) 1749 (Lovells). Henry Boot Construction Ltd v Alstom Combined Cycles Ltd [2005] 1 WLR 3850 (Lovells). Alstom Signalling Ltd v Jarvis Facilities Ltd [2004] EWHC 1285 (TCC); (2004) 95 Con LR 55 (Lovells). AWG Construction Services Ltd v Rockingham Motor Speedway Ltd [2004] EWHC 888 (TCC) (Lovells). Energy & Natural Resources Roger has extensive experience of advising and appearing in cases concerning the power station industry including cases relating to royalty revenue entitlement, contracts for the sale of oil, claims related to alleged environmental pollution, waste disposal units and claims relating to contracts for the construction and maintenance of power stations. These cases have concerned projects in China, Hong Kong, India, Indonesia, Panama, Singapore, Taiwan, the USA as well as in the UK. In 2012 he acted as counsel in a 300m dispute concerning the design, delay issues and construction of a offshore wind farm. He is currently instructed in a $100M+ dispute arising out of a power station project in Bahrain.

5 Selected Cases Henry Boot Construction Ltd v Alstom Combined Cycles Ltd [2005] 1 WLR 3850 (Lovells). Henry Boot Construction Ltd v Alstom Combined Cycles Ltd (1999) 64 ConLR 32 (Lovell White Durrant). TBV Power v Elm (Masons). Insurance & Reinsurance Roger has acted in numerous insurance and reinsurance disputes both for insurers / reinsurers and insured / reinsured including many cases of alleged entitlement to avoid. Cases in which he has been instructed have concerned claims for losses incurring in many countries outside the United Kingdom including Australia, Azerbaijan, Brunei, Dubai, Egypt, Hong Kong, Isle of Man, Israel, Oman, the Philippines, Saudi Arabia, Taiwan, the United States of America, Eire and Venezuela. He has also been instructed by the Serious Fraud Office in connection with conspiracies relating to insurance and reinsurance matters. Roger also sits as an arbitrator in insurance matters and has sat as a Chairman of a Lloyd s Disciplinary Committee. Selected Cases Teal Insurance Co Ltd v W R Berkeley Insurance (Europe) Ltd [2011] LL.R.IR 285. Axa Insurance UK PLC v Norwich Union Insurance Ltd [2007] EWHC 1046 (Comm); [2007] Lloyd s Rep IR 45 (Andrew Smith J) (dual insurance whether EL or motor policy responded) (Beachcrofts). Drake Insurance PLC v Provident Insurance PLC [2004] QB 601 (Barlow Lyde & Gilbert). International Lottery Management Ltd v Dumas [2002] Lloyd s Rep IR 237 (Hextall Erskine). Kennecott Utah Copper Corpn v Cornhill Ins [2000] Lloyd s Rep IR 179 (Beachcroft Wansbroughs). Professional Liability Roger has acted as Counsel for Claimants and Defendants in a large number of professional negligence cases involving allegations of negligence against insurance brokers, underwriting agents, doctors, solicitors, barristers, surveyors and valuers, architects, engineers, quantity surveyors, patent agents, educational psychologists, teachers and others. Roger sits as an arbitrator in professional negligence matters. Selected Cases Greenwich Millenium Village Ltd v Essex Services Group Ltd [2014] 1 WLR Knightsbridge Development Ltd v WSP UK Ltd2014] EWHC 43 (TCC). Trebor Bennett Holdings Ltd v ADT Fire and Security Plc [2011] BLR 661. Jones v Kaney [2011] UKSC 13 (Experts immunity from suit) (Hill Dickinson).

6 ADR Autofocus Ltd v Accident Exchange Ltd [2010] EWCA Civ 788 (Witness Immunity) (PCJ Solicitors). Rowley v Secretary of State for Work & Pensions [2007] 1 WLR 2861 (CSA negligence) (Forshaws). Carty v London Borough of Croydon [2005] 1 WLR 2312 (A.P. Law). DN v London Borough of Greenwich [2004] EWCA Civ 1659 (Teacher Stern Selby). Flaxman-Binns v Lincolnshire County Council [2004] 1 WLR 2232 (McKinnels). Johnson v Gore Wood (No. 2) [2003] EWCA Civ 1728 and [2004] EWCA Civ 14 (Solicitors negligence) (Shoosmiths). Guang Xin Enterprises Ltd v Kwan Wong Tan and Fong [2003] 3 HKLRD 527 (Accountants negligence) (Deacons). Bradford-Smart v West Sussex County Council [2002] 1 FCR 425; [2002] EWCA Civ 7 (Teacher Stern Selby). Johnson v Gore Wood [2002] 2 AC 1 (solicitors negligence) (Shoosmith). Phelps v Hillingdon Borough Council [2001] 2 AC 619 (Teacher Stern Selby). FNCB v Barnet Devanney [1999] Lloyd s Rep IR 459 (Insurance brokers negligence) (Hextall Erskine). Mortgage Corporation v Halifax [1999] Lloyd s Rep PN 159 (valuers negligence) (Kennedys). X v Bedfordshire County Council [1995] 2 AC 633 (Teacher Stern Selby). Roger has been appointed as sole arbitrator or chairman of arbitral tribunals by the LCIA, ICC and DIAC. Experience has included many disputes concerning foreign law including Sharia law.he has acted as counsel and arbitrator in a number of disputes in the Middle East and elsewhere. He is a member of the HKIAC Panel of Arbitrators, the Panel of KCAB International Arbitrators and of the FIDIC President s List of Adjudicators. Selected Cases (As arbitrator) A claim for US $50M plus arising out of a project in Sudan. (As Arbitrator) A claim for US $84M arising out of an LNG project in Australia. (As arbitrator) A claim for the equivalent of 200M arising out of a construction project in Dubai. (DAB member) Acted as part of a three man panel in disputes arising out of a dredging contract at an East African port. (Sole Adjudication Board member) 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) (As Adjudicator) Acted as Adjudicator in a dispute regarding delay in design and construction of a PFI waste to energy facility. Qualifications Deputy High Court Judge (2003) Recorder (2003) Boundary Commissioner (2000) Bencher of Inner Temple (1993)

7 BA Jurisprudence (1973) Magdalen College, Oxford 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 ( ) Former Chairman Lloyds Disciplinary Committee Recommendations "Formidable in court, and his ability to absorb an argument that is made, digest it and articulate a response while on his feet is really impressive." "A very good advocate with fantastic instincts. He's dynamic, responsive and easy to work with." "He is very experienced, very charming and a real leader in the field." "A good cross-examiner. He is very good on his feet and very clever." "He makes complex matters look easy. He's relaxed but devastating at cross-examination. It is a pleasure to listen to him and to work with him. His memory is virtually photographic, and he's so lovely." Chambers & Partners UK Bar 2018 "A very experienced, persuasive and effective advocate, who is popular with clients...an absolutely excellent strategist and one of the best on his feet." Legal "Well respected, with a badge of quality...outstanding experience...a popular choice for construction disputes and international arbitration." Legal "His ability to quickly grasp the relevant facts and get involved in the strategy of a case is excellent." "He is incredibly clever in a broad way, not just about a particular topic but almost everything." "Judges listen to anything he says', 'a well-established construction silk'." "A fearsome operator, whose cross-examination of witnesses can be devastating." "A very thorough and very disciplined counsel who is very good with the detail." "Simply a class act, who instinctively cuts through the issues to get to the heart of a dispute." "Strong advocate with an understated approach who delivers outstanding results in cross-examination."

8 "An old-fashioned advocate who can pick up any case and run with it well...one of the very best."