Suzannah Fairbairn

Experience

Confidential joint venture: Acting on an ad hoc arbitration against a Middle Eastern government entity involving sums in dispute in excess of US$5 billion. The arbitration concerns the design, procurement and construction of an award-winning infrastructure project in a GCC country. The dispute is highly technical and has involved expert evidence from approximately 30 different disciplines and in excess of 50 factual witnesses. Obtained a successful result on behalf of our client in a Preliminary Issues hearing and subsequently were able to narrow the issues in dispute. Proceedings are ongoing.

Confidential developer (retail development): Providing project counsel advice in relation to an ongoing retail development in Abu Dhabi. Advising the developer on potential claims from and against the contractor in the region of US$400 million, including practical options to incentivize the contractor to complete the project.

Central government client: Drafting the government's standard form construction contract to be used on all capital projects works across the jurisdiction. This included liaising with numerous key stakeholders in the industry to identify the key challenges with construction projects in the UAE and identifying improvements that should be made drawing on our extensive experience and international best practices.

A Middle Eastern oil & gas company: Acting in an UNCITRAL arbitration seated in London on behalf of an international oil & gas company in defending a claim relating to a refinery project in the Kingdom of Saudi Arabia. The claims and counterclaims had an overall value of around SAR600 million. The contract was governed by KSA law. This included dealing with an insolvent claimant and working seamlessly with our KSA office to provide the client with advice on KSA bankruptcy laws, advising our client on steps to preserve its position (such as security for cost applications), as well as representing our client in a mediation.

International joint venture: Acting on a DIAC arbitration defending claims in excess of US$800 million in relation to a prestigious transport infrastructure project in the UAE. The claims relate to technically complex MEP and specialist IT infrastructure issues. We successfully applied to bifurcate the proceedings, following which the tribunal upheld our threshold defense resulting in a determination that our client currently has no liability for the sums claimed.

Practice Areas

Alternative Dispute Resolution (ADR)

Aviation and Aerospace

Commercial Litigation

Construction and Engineering

Design Professionals

Energy

Environmental, Social and Governance (ESG)

Infrastructure

Insurers and Sureties

International Commercial Arbitration

Mining

Oil and Gas

Petrochemicals and Refining

Project Operators

Transport Infrastructure: Airports, Bridges, Ports, Rail, Roads

Transportation, Freight and Logistics

Wastewater Treatment, Water Management, Desalination

Career

Suzannah Fairbairn is a partner in Dentons' Middle East Construction and Engineering practice. She has extensive experience working on a wide range of contentious and non-contentious construction matters, with particular focus on assisting clients in high-value and complex arbitrations relating to defective design and/or workmanship, delay and disruption, loss and expense, variations, payment disputes, service level performance obligations and contract interpretation. Her experience spans a range of different sectors including oil and gas, leisure and multi-use infrastructure projects that involve multiple contractors. Suzannah has experience in representing clients under all the major arbitration rules including ICC, LCIA, DIAC, ADCCAC, UNCITRAL and ad hoc arbitrations. She also has experience in assisting clients with negotiating and drafting contracts.

Suzannah is ranked as ‘up and coming’ in Chambers & Partners 2024 directory. Clients particularly appreciate Suzannah's ability to cut through complex legal and technical issues to provide clear and practical advice. She is equally adept at acting for contractors, employers and consultants, and this experience and ability to view matters from all perspectives is highly valued in the market.

Suzannah is a key advocate for women in construction, regularly arranging opportunities for women in the industry to meet and share skills and experiences. She is also a keen supporter of making arbitrations greener and promoting equal representation.

Professional Memberships

Solicitor Advocate, Higher Courts of England and Wales, 2016

Solicitor, Senior Courts of England and Wales, 2012

Languages Spoken

English

Education