Spotlight
Provided by Adrian Cole
Construction, Engineering & Infrastructure,
Energy, Oil & Gas,
Real Estate,
Shipping & Shipbuilding,
Transport,
Commercial Dispute Resolution.
Independent Arbitrator - 2020 to Present
Partner, King & Spalding Middle East
Bar Admissions
Admitted as a solicitor in England and Wales (1993); Higher Rights of Audience (non-practicing)
Admitted as a solicitor in the Republic of Ireland (1997) (non-practicing)
Admitted as an advocate in the Courts of the Dubai International Financial Centre
ICC Task Force on ADR and Arbitration (Co-Leader)
IBA – International Construction Projects group - officer
UAE National Representative on ICC Commission on Arbitration and ADR
ICC-UAE Arbitration Commission - Steering Committee
Fellow of Chartered Institute of Arbitrators; UAE Committee Member
Member of Chartered Institute of Building
Society of Construction Law
Publications:
“Unforeseen Adverse Ground Conditions – a bad workman blames his tools?” – co-authored with G Hess, in Corporate Disputes Magazine December 2020
“Expert Firm Services: Where does the duty lie?” – co-authored with G Hess, in Corporate Disputes Magazine July 2020
“The Midnight Disaster of Defective Arbitration Agreements” co-authored with G Hess, in Corporate Disputes Magazine April 2020
“Suitability of Arbitration Rules for Construction Disputes”, co-authored with David Kiefer, in The Guide to Construction Arbitration, published by the Global Arbitration Review (GAR) October 2019
“Winning Construction Disputes in the Gulf: Some Strategic Considerations” in BCDR-AAA International Arbitration Review 2017
“Dispute Resolution in the Middle East” in Corporate Disputes Magazine October 2017
“Comparing Regional Arbitration Processes” in Corporate Disputes Magazine January 2014
“Defects Liability under the FIDIC Red Book”: Society of Construction Law
"The Interpretation and Application of Delay Clauses In International Construction Contracts Governed by UAE Law" in Delay Clauses in International Construction Contracts, Jacob Jorgensen Ed, Kluwer Law International, 2010
"Alternative Dispute Resolution in the United Arab Emirates" in ADR Client Strategies in the Middle East and Africa", Thompson Reuters 2009
"Construction and Projects Law in the UAE" in PLC Cross-border Construction & Projects Handbook, Practical Law Company, 2009
UK, Middle East, Singapore, Hong Kong.
Recent Arbitration Appointments:
Arbitration
Chairman Arbitrator under DIAC Rules seated in Dubai concerning a substantial dispute relating to the construction of a large residential real estate project (2,200 residential units and associated buildings and supporting infrastructure) in Dubai. Sum in issue approximately USD 113m.
Co-Arbitrator under ICC Rules seated in Dubai under DIFC law concerning claims of approximately USD 35m relating to wrongful termination, unpaid variations, defective works, and extensions of time relating to 38 storey mixed use development in Dubai.
Chairman Arbitrator under DIAC Rules seated in Dubai under UAE law of 12 separated but related arbitrations relating to dispute concerning completion of residential real estate development.
Co-Arbitrator under ICC Rules seated in Qatar under Qatar law relating to claims of approximately USD 17m relating to the construction of airside facilities for the New Doha International Airport. Issues relating to defective design and construction and responsibility for delays.
Co-Arbitrator under DIAC Rules seated in Dubai under UAE law relating to a dispute of approximately USD 12m relating to the development of a multi-storey property.
Chairman Arbitrator under DIFC-LCIA Rules seated in DIFC concerning dispute under Saudi Arabian / Sharia law relating to shareholder agreement to develop large scale development projects in KSA.
Co-Arbitrator under CRCICA Rules seated in Egypt under Egyptian law relating to a very substantial retail development and claims of approximately USD 25m relating to issues arising with the design of its district cooling plant.
Co-Arbitrator under DIAC Rules seated in Dubai in a dispute under UAE law concerning performance and completion of civil infrastructure works on a high-profile elevated rail project. Procedural documents and award drafted in substitution of Chair.
Co-Arbitrator under DIAC Rules seated in Dubai in relation to claims under UAE law of approximately USD 10m concerning the design and construction of a new hospital in the Gulf.
Co-Arbitrator under DIAC Rules seated in Dubai concerning claims under UAE law of approximately USD 10.5m arising out of a MOU regarding supplemental payments and rescheduling of construction programme relating to the construction of a 72-storey high rise residential building in Dubai Marina.
Co-Arbitrator under DIAC Rules seated in Dubai concerning claims under UAE law of approximately USD 15m in a second arbitration relating to the construction of a 72-storey residential building in Dubai concerning quality issues, non-payment, delays, and variations.
Co-Arbitrator under DIAC Rules seated in Dubai in relation to claims under UAE law of approximately USD 5.5m concerning respective obligations between a Master Developer and Sub-Developer and in particular the provision of civil infrastructure in connection with a substantial real estate project in the UAE.
Sole Arbitrator under DIAC Rules seated in Dubai in connection with a dispute under UAE law concerning the supply of energy services and provision and operation of a waste-water treatment plant.
Co-Arbitrator under DIAC Rules seated in Dubai concerning claims under UAE law of approximately USD 3m by international engineering consultants against developer relating to substantial shopping mall and mixed-use multiple tower development for wrongful termination of appointment and non-payment of fees. Corresponding counterclaims for professional negligence.
Sole Arbitrator under DIAC Rules seated in Dubai concerning claims under Omani Law by government intermediary for unpaid fees from event organiser arising out of a high-profile political event.
Co-Arbitrator under DIAC Rules seated in Dubai concerning claims under UAE law of approximately USD 53m by Sub-Developer against Master Developer for non-provision of infrastructure and utilities relating to an iconic offshore real estate development.
Sole Arbitrator under DIAC Rules seated in Dubai concerning claims under UAE law for professional negligence of project manager relating to the design and construction of a substantial building in the UAE and counterclaims for professional fees.
Co-Arbitrator under DIAC Rules seated in Dubai of a dispute under UAE law of approximately USD 18m relating to a substantial waterside residential real estate construction project in Dubai.
Co-Arbitrator under DIAC Rules seated in Dubai of a substantial construction dispute under UAE law concerning waterfront real estate. Sum in issue approximately USD 32m.
Co-Arbitrator under DIAC Rules seated in Dubai and under UAE law, in substantial and complex high value construction arbitration with USD 575m in dispute. Case concerned diligence of contractor and claims of wrongful termination, design defects and delays to 70 storey towers and podium structure for mixed use buildings and hotel.
Co-Arbitrator under DIAC Rules seated in Dubai under UAE law relating to the construction of 28 storey hotel, apartments, and retail development in Dubai. Sum in dispute approximately USD 15m arising out of termination of contractor and defects in the works.
Co-Arbitrator under DIAC Rules, seated in Dubai, under UAE law relating to claims by design consultant for professional fees and counterclaims of professional negligence relating to the design and construction of 3 number 45 storey towers in Dubai.
Co-Arbitrator under ADCCAC Rules seated in Abu Dhabi and under UAE law relating to unpaid professional fees for designing new indoor ski slope, hotel development and solar farm.
Co-Arbitrator under DIAC rules and UAE law seated in Dubai relating to the construction of substantial residential development and claims of approximately USD 123m relating to entitlement to extensions of time, variations and termination of the contractor.
Co-Arbitrator under DIAC Rules and UAE law seated in Dubai relating to the construction of new airport terminal in substantial new airport in the Middle East. Sums in issue approximately USD 44m.
Co-Arbitrator under ICC arbitration Rules seated in Abu Dhabi under English law relating to a substantial dispute between joint venture partners concerning financing of joint venture and the carrying out of a complex underground civil engineering project in the UAE. Sum in dispute approximately USD 3.5m.
Co-Arbitrator under ICC Rules seated in Abu Dhabi relating to a substantial dispute under UAE law concerning the design and construction of a gas pipeline and related infrastructure.
Sole Arbitrator under CRCICA Rules seated in Egypt under Egyptian law relating to a substantial real estate development.
Co-Arbitrator under ICC Rules seated in London in complex dispute of approximately USD 61m under English law relating to iconic mixed use residential, commercial, and 7-star luxury hotel complex, constructed partly in the sea, in Asia concerning claims for professional fees and counterclaims of professional negligence.
Co-Arbitrator under DIAC Rules seated in Dubai relating to claims of approximately USD 20m under UAE law for variations and extensions of time relating to the design and conversion of a ship into a state-of-the-art vessel with subsequent proceedings to determine counterclaims relating to defective equipment and workmanship.
Co-Arbitrator under ADCCAC Rules seated in Abu Dhabi between international investor and UAE commercial agent relating to termination of the agency arrangement.
Co-Arbitrator under ICC Rules seated in Abu Dhabi under English law relating to claims of approximately USD 60m arising out of the design and construction of mixed-use development consisting of four substantial towers and podium structure and disputes concerning structural defects and defective cladding and contractual entitlements following termination of contract.
Provided by Chambers
Provided by Chambers
He is a longtime player in the region.
Adrian is detailed, pragmatic and into the detail and strategy.
He is a longtime player in the region.
Adrian is detailed, pragmatic and into the detail and strategy.
Provided by Arbitra
Property, Construction and Infrastructure
Energy and Utilities
Maritime / Shipping
Transport
Industrials, Engineering and Manufacturing
