Nicholas focuses on international arbitration and adjudication with an emphasis on construction, engineering and power projects.

Overview

He is a solicitor-advocate, chartered surveyor, arbitrator, accredited adjudicator and CEDR mediator. His practice is international with particular knowledge of Africa, Eastern Europe, Asia and the Middle East. He managed Fenwick Elliott’s Middle East office in Dubai for five years (2013-2018). Legal 500 lists Nicholas as an “esteemed practitioner” in respect of international arbitration and construction, and the IBA’s International Who’s Who of Business Lawyers Today listed Nicholas as one of the “ten most highly regarded individuals internationally for construction law” and he featured as one of only five practitioners in Europe in the inaugural 2017 edition of Who’s Who Legal: Thought Leaders: “In this extremely selective new guide, we feature only the most highly regarded lawyers according to our research – those who truly stand out in their field as being leaders and trailblazers, and who are held in the highest esteem by their clients and fellow practitioners”.  

Dispute resolution experience focuses on international arbitration and dispute boards, acting in Europe, the Middle East and parts of Asia, Africa and South America, and also acting in more than 100 adjudications. Nicholas is a Vice President of the ICC’s Arbitration Commission. He also acts as arbitrator (ICC, LCIA, DIAC, and ad-hoc UNCITRAL) adjudicator (TECSA, SCLTechLaw, RIBA, CEDR, and CIArb, registered), and dispute board (DAB/DRB) member (FIDIC adjudicator, registered with DRBF). He has trained arbitrators, mediators, adjudicators and dispute board members for CEDR, CIArb, ICE, DRBF and the IFC (World Bank). He regularly acts as a mediator (in more than 90 mediations) in construction, engineering, insurance, property and commercial disputes (CEDR, LCIA, ICC) including high-value, complex multi-party mediations and is a Registered Legal Practitioner, DIFC Court, Dubai. UAE (2016). He is chair of the panel of five adjudicators at CERN and an adjudicator for the ITER Fusion project in France, frequently selected to work on high-value, complex projects, including advising BAA in respect of T5 (£4.2 billion), the Louvre in Abu Dhabi, Expo 2020 in Dubai, CERN’s nuclear research facility, the world’s most leaning building at Capital Gate, Abu Dhabi.

FIDIC experience is wide ranging including advice in respect of design and build and turnkey contracts for highways, bridges and tunnels, waste processing, water treatment and general construction. Nicholas has particular power sector experience including hydro, Europe’s largest combined cycle gas power plant and the UK’s (see Alstom v Somi [2012] EWHC 2644), IWPPs, coal, oil, renewables, PV, wind farms, nuclear (old and new) and an ocean current project. EPC/EPCM experience includes gas to liquid plants, pipelines, tank farms and pumping stations, desalination plants, PTA process plants, data centres, and a paper mill. PFI/PPP experience includes hospitals and courts. He has advised in respect of airport infrastructure, terminals and integrated building management systems. Rail and metro experience includes contracts and frameworks for tunnelling, track, stations, electrification, catenary, SCADA systems and communication, as well as locomotives. Leisure facility experience includes sports stadia, hotels, cinemas, theme parks, Sea Life Centres, Madame Tussauds, London Dungeons, and London Eye Experience. This work often includes consortium joint ventures, warranties and direct agreements, bonds and guarantees.

Nicholas is highlighted as one of the titans of the international construction market according to Global Elite Thought Leader’s Who’s Who 2019 with peers heaping praise on him as “an exceptional lawyer and leader, with a large market presence”, and describing him as “brilliant in his presentation of cases and very persuasive in his arguments”. “Clients also recommend the ‘eloquent’ Nicholas, who has ‘excellent advocacy skills’…” (The Legal 500, 2016, FE listed as Tier 1). “He is knowledgeable, very approachable and takes on board what we need him to do” (International Arbitration, London, Chambers & Partners UK, 2019). Legal 500 UK 2012 lists Nicholas in Construction and International Arbitration as an “esteemed practitioner”.  Nicholas is a prestigious practitioner with a particular emphasis on advising clients in relation to contracts and claims in the oil and gas industries. According to sources he is “at the top of his game” (Who’s Who Legal, Construction 2016). 

He qualified at Masons (now Pinsent Masons), and was formerly a senior lecturer at the University of Westminster. Before joining the University of Westminster in 1993 he worked in the construction industry for a period of approximately eight years. A solicitor and chartered surveyor, his dual qualifications provide a layer of expertise that adds a practical level to his work.

Nicholas lectures regularly around the world on topics relating to construction law, international arbitration, dispute boards and ADR. He is a Visiting Professor at the Centre of Construction Law and Dispute Resolution, King’s College London, and a Visiting Lecturer at the University of Vienna. He developed and led the FIDIC King’s College London Summer School and lectures on the CIArb’s International Arbitration Diploma at Jesus College Oxford and IBC’s Cambridge Summer School. Nicholas is a past member of the Policy Subcommittee of the CIArb, and has advised and drafted guidance notes and protocols for the RICS, CIArb and CEDR. He is past Chairman of the Society of Construction Law, and past President of the Dispute Resolution Board Foundation (2021-2022).

Arbitration positions

• Delegate (for ICC UK) of the ICC Global Commission on Arbitration and ADR (2024-2027).

• Past President, Dispute Resolution Board Foundation (member since 2003).

• Past Vice President, ICC’s Arbitration Commission (2007-2015).

• Member, CIArb’s Policy Sub-Committee (2010-2016).

• Chairman, ICC’s ICANN gTLD primary internet address dispute resolution expertise service (2013-2015).

• Past Chairman of the ICC’s International Sub-Committee for Expertise (2007 -2015).

• Trainer for DIAC Arbitrators in Dubai for the DIAC (focusing on international arbitration and construction disputes 2008 - 2010).

• Lecturer and trainer for the Chartered Institute of Arbitrator’s prestigious International Arbitration Diploma held at Oxford University.

• Sole Arbitrator or as a Member of a Tribunal.

• Dispute Board Member (sole or chair or member of panel).

• Sole Adjudicator in two-party and multi-party adjudications.

• FIDIC registered Adjudicator (and on the FIDIC President’s Approved List of Adjudicators).

• Past Chairman of the Society of Construction Law (2008).

• Past Chairman of the Adjudication Society.

Academic Qualifications

• Higher Right of Audience Certificate (Civil Proceedings), College of Law (March 2012).

• Dispute Resolution Board Foundation’s DRB/DAB practices and procedures training and the advanced chairing workshop (October 2004, San Francisco).

• LLM. Master’s Degree in Laws, University College London (1996/97).

• LPC. Diploma in Legal Practice at the College of Law, Store Street, London (1995/96). Awarded a Commendation.

• Dip Law. Postgraduate Diploma in Law from the University of Westminster (1993—95). Part-time student representative.

• BSc (Hons). First class Honours Degree in Quantity Surveying (1990—92). Royal Institution of Chartered Surveyors Prize for best student and a prize-winner of the KPMG Faculty Award for major project cost planning.

Contract Experience

FIDIC, ICE, NEC, ORGALIME, LOGIC, JCT, PPC, IChemE, M/FI, GC/Works, BPF/ACA, ACE, RIBA, ICC, CIOB, and various EPC, EPCM and PFI/PPP contracts. Subcontracts; NEC, Dom 1 and 2, ECA, FCEC Blue Form, JCT. Appointed official legal adviser to FIDIC for the 2017 revisions.

Arbitration Rules and Procedures

Advising on and conducting international arbitrations under numerous rules and procedures including ICC, LCIA, UNCITRAL, DIAC, DIFC, ADCCAC, SIAC, DIAC, AAA, LMAA, ICSID, CIArb, ICE and CIMAR. For adjudication; NEC, TECSA, CEDR, CIC and the Scheme. Also ICC DOCDEX in relation to bonds and guarantees and the ICC ICANN gTLD Dispute Resolution Procedure. He led the drafting of CEDR’s Project Mediation Procedural Rules, CIArb Dispute Board Rules (2014) and several RICS (including Dispute Resolution, Black Book) and Adjudication Society Guidance Notes.

Panel Listing: arbitrator, mediator, adjudicator

• CEA, Cour Europeenne D’Arbitrage, Milano, Italy – Arbitrator (2021)

• SCL – Society for Computers and Law, Adjudication Scheme SCLA Tech Law Panel Adjudicator (2020).

• FIDIC-certified adjudicator, on FIDIC President’s appointment list (2012). FIDIC adjudicator assessor.

• DIFC/LCIA Dubai registered arbitrator (2012).

• CMA – Croatian Mediation Association (2012).

• TECSA – Adjudicator, Technology and Construction Solicitors’ Association (March 2011).

• RIBA – Royal Institute of British Architects (Adjudicator) (2009).

• IMI – International Mediation Institute (Netherlands) (2009).

• LCIA – London Court of International Arbitration (2009).

• Clerksroom – Listed as an Elite Mediator (2009).

• ICC – International Chamber of Commerce (2008) as mediator, DB member and arbitrator.

• DIAC – Dubai International Arbitration Centre (February 2008).

• DRBF – Dispute Review Board Foundation (2005).

• CIArb – Chartered Institute of Arbitrators (2003).

• AICA – Association of Independent Construction Adjudicators (2006).

• ADR Chambers (2004).

• Mediation UK Registered Mediator (1999).

• CEDR – Centre for Effective Dispute Resolution (1998).

Professional Qualifications and Memberships

• Solicitor of the Supreme Court England & Wales (1999), Solicitor Advocate (2012).

• Fellow, Royal Institution of Chartered Surveyors (2000 FRICS, ARICS since 1994).

• Fellow, Chartered Institute of Arbitrators (FCIArb 2007, MCIArb since 2003).

• Honorary Member, Croatian Mediation Association (March 2012).

• Member, International Chamber of Commerce (ICC).

• Member, London Court of International Arbitration (LCIA).

• Member, International Bar Association (IBA).

• Member, Technology and Construction Solicitors’ Association (TECSA).

• Member, Society of Construction Law (SCL).

• Member, Dispute Resolution Board Foundation (DRBF 2003).

• Member, Adjudication Society (since formation 1999).

• Member, Chartered Institute of Building (1996 MCIOB, Associate since 1990).

• Freeman, Worshipful Company of Arbitrators (2007).

• Member, NEC Users’ Group (from inception).

• Member, FIDIC NET (from inception).

Official Positions

• Past President, Dispute Resolution Board Foundation (2021-2022, member since 2003).

• Past Chairman, CIArb Dispute Board Rules Drafting Committee (2013-2014).

• Member, Policy Sub-Committee, CIArb (Autumn 2010).

• Past Chairman, Adjudication Committee for the CIArb (Autumn 2010).

• Past Chairman, Standing Sub-Committee of the International Chamber of Commerce’s (ICC) International Centre for Expertise (Le Centre international d’expertise de la CCI) (2007).

• Past President, Dispute Resolution Board Foundation (DRBF), Region 2 (May 2010 until May 2011).

• Past Chairman, Society of Construction Law 2006/07(Vice-Chairman 2005, Secretary 2004 co-opted from 2001), and past Chair of Junior Committee and Advocacy Training (2003).

• Past Chairman (2008-10), Adjudication Society (Vice-Chair 2006-08) and case notes editor since inception (1999).

• Co-Chair, International Bar Association’s International Projects and Dispute Conference, Brussels (2008).

Overseas Experience (61 countries)

Afghanistan, Algeria, Armenia, Bahrain, Brazil, British Virgin Islands, Bulgaria, Canada (Manitoba and British Columbia), Croatia, Egypt, Ethiopia, Finland, France, Georgia, Germany, Ghana, Hungary, India, Indonesia, Iraq, Isle of Man, Italy, Jordan, Kazakhstan, Kingdom of Saudi Arabia, Korea, Kuwait, Latvia, Lebanon, Libya, Malaysia, Mauritius, Montenegro, Montserrat, Morocco, Mozambique, Nepal, Netherlands, Nigeria, Oman, Pakistan, Philippines, Poland, Qatar, Republic of Ireland, Romania, Russia, Serbia, Scotland, Sierra Leone, Singapore, Sri Lanka, South Africa, St Lucia, Tasmania, Trinidad and Tobago, Turkey, UAE, Ukraine, USA and Yemen.

Official Positions

• Visiting Professor, King’s College London, Centre of Construction Law and Dispute Resolution (from Nov 2014, Visiting Senior Lecturer since 2005 and Visiting Senior Research Fellow since 1999).

• Visiting Lecturer at the Postgraduate Centre at the University of Vienna, teaching part of the LLM/MLS in International Construction Law (2010-2012).

• Leading the TCC/King’s College funded research into the use of mediation in construction disputes (2006-08).

• Executive Committee Member and Examination Assessor, King’s College, London, Centre of Construction Law and Dispute Resolution (2004).

• Visiting Lecturer, University of Reading (from 2007).

Key Experience

Acting as Arbitrator, Adjudicator and Mediator

Nicholas has acted as arbitrator (sole and member of tribunal) and lead mediator since 1998 conducting at least 90 mediations. Acted also as a project mediator, early neutral evaluator, statutory and contractual adjudicator on many occasions, and international dispute board member.

Examples of experience include:

• Member of an ICC Tribunal for a multi-party arbitration in relation to a substantial energy project. Main issues include termination, delay, damages and costs with a claim value of €3 billion, in addition to various challenges, jurisdiction, joinder and interim measures issues.

• Member of an ICC Tribunal in relation to a power transmission line in Moldova. Issues include access, work scope, variations, taking over, tax, delay and damages, but also the application and enforceability of many Dispute Adjudication Board decisions issued during the project.

• Member of a DIAC Tribunal for sale and purchase agreements for a high-value hotel and residential development in Dubai. Issues included branding, completion, ownership, quality and eventually the failure of one party to participate.

• Chairman of a DAB for a sulphuric acid and power plant in KSA, amended FIDIC contract with claims in excess of US$250 million.

• Chairman of the five-member panel of adjudicators for the CERN High Luminosity Large Hadron Collider Project, a €1 billion project in two jurisdictions in Switzerland/France.

• Sole DAB for the ITER (International Thermonuclear Experimental Reactor) nuclear fusion plasma power project in France.

• Chairman of DAB for a department of roads tunnelling project, Nepal, with a Japanese and local JV contractor.

• Sole DAB under FIDIC Subcontract 2011 between JV contractor and specialist subcontractor for a port project in Mozambique.

• Chairman of DAB between JV contractors for a combined cycle power plant in South Korea, EPC contract, ICC rules.

• Sole DAB for offshore windfarm in Belgian Territorial Waters, FIDIC-based contract.

• Member of an arbitral tribunal for a telecoms dispute relating to IP (Internet Protocols), data exchange and broadband services between a USA and Singapore company. UNCITRAL Rules, substantive law of Singapore, seat in London.

• Member of arbitral tribunal for an engineering dispute in Romania. ICC rules, seat in Bucharest.

• Member of an arbitral tribunal for a construction dispute between a Dubai developer and a contractor under the LCIA procedural rules. Seat in Dubai, UAE.

• Sitting as one of three arbitrators in an UNCITRAL arbitration in respect of a power generation plant in Asia.

• Sole Adjudicator, EPC contract PV plant UK concerning performance ratio testing and dispute as to failure of the tests and performance damages. Appointed by agreement.

• Appointed by LCIA as sole arbitrator under UNCITRAL Rules for a cross border engineering supply dispute including value of good supplied and withholding tax issues.

• Sitting as sole arbitrator in a power/energy and property dispute. Appointed under LCIA rules, and subject to English law.

• Mediator appointed by LCIA for cross border gas supply concession dispute. Value US$4.8 billion.

• Acting as an LCIA-nominated adjudicator in respect of a disputed valuation.

• Appointed as RIBA adjudicator for a payment dispute under a JCT Prime Cost building contract.

• Sole adjudicator, Option W1 NEC3 amended contract for M&E works to substantial residential development in Dubai. Termination damages claim, UAE law. Appointed by DIAC. Jurisdictional challenge followed by issuing a reasoned decision.

• Acting as a RIBA-nominated adjudicator in respect of a final account dispute.

• Sitting as adjudicator in a three-party utilities dispute in respect of a PFI court facilities scheme.

• DAB member for a major airport development in Oman under an amended FIDIC Yellow Book 1999. Project value around US$4.2 billion.

• Sitting as a member of an international dispute adjudication board for a shopping centre project in Romania. Based on the FIDIC form of contract, with ICC arbitration, subject to Romanian law with a French contractor.

• Sitting on an international DAB for a 99,000 square metre residential development in Romania, under an amended FIDIC (Red Book) form of contract with ICC arbitration.

• Acting as an early neutral evaluator for a mechanical and electrical dispute arising from a PFI hospital. Settled.

• Appointed as adjudicator in respect of a dispute on a process engineering plant (CEDR Adjudication Rules) in the middle east.

• Serving on several dispute adjudication boards in Romania under the FIDIC Adjudication Procedure.

• Standing member of a contracted mediation panel for a new £35 million hospital development (GMP Contract with bespoke contracted mediation procedure). The first joint session was attended by 47 people representing eight parties.

• Mediator for a five-party insurance, property and construction defects dispute arising from substantial flooding of a city bank and computer server centre. Settled on the day.

• Mediating a dispute in respect of liability and quantum for the costs of substantial flood damage to a property. Dealing with the CCFA implications of the settlement. Multi-party dispute between insurers of the property owners (subrogated claim), the contractor, mechanical subcontractor, the supplier and manufacturer (again with insurers).

• Mediator for a substantial multi-party construction dispute concerning defects, delays and money claims in respect of the re-development of a town centre. The four parties attended a two-day mediation resulting in two separate (a two-party and a three-party) settlement agreements resolving all of the inter-related, and inter-party disputes.

• Mediator in respect of a specialist metalwork and atrium glazing dispute. Settled on the day of mediation.

• Mediating a valuation related dispute of arising from the removal of “fixtures and fittings” at a chemical process engineering plant.

• Acting as mediator in respect of a substantial value five-party dispute arising from water damage caused by bursting pipes at a commercial premises during construction work. Successfully resolved in a one-day mediation, with two separate settlement agreements spanning all parties.

• Mediator for a defects/property dispute. A settlement was reached on the day of mediation.

• Mediator for a property dispute between a property investment company and the tenant (a substantial charity) involving a schedule of dilapidations. A settlement was reached at the end of a one-day mediation.

• Mediator for a variety of property development disputes and landlord and tenant disputes.

Experience – Sectors

• Construction and engineering.

• Power plants (Gas, Coal, Oil, Bio-Mass, Solar, Wind Farms and Ocean Current).

• Nuclear power plants, old and new.

• Infrastructure, roads, bridges and tunnels.

• Oil and Gas (jet fuel, gas liquefaction, pumping station, pipelines, quality and welding, central processing facilities, SCADA).

• Process plant (PTA plants, pharmaceuticals, fertilizer, sulphuric acid).

• Public sector, health, hospitals and education.

• Defence and military.

• PFI, PPP and concession arrangements.

• Transport, rail, metro, rolling stock, catenary, and airports.

• Property, planning and environment.

• Cladding, cassette roofs and membranes, modular construction, glulam.

• Sports stadiums, leisure and theme parks.

• Insurance and re-insurance.

• Water treatment and waste water process plants.

• Waste treatment plants.

• Commercial and retail.

• Data centres, data exchange and Internet Protocols.

• Finance, bonds, guarantees, collateral security and direct agreements.

• Joint venture, consortium, partnership and shareholder.

• Fatal accidents, collapse and negligence.

• Defects, their rectification and liability.

“Nicholas and I jointly developed this initiative, which led to the King’s College London [mediation] research project. ...the information which the King’s College London research has gathered and analysed will be of assistance both to policy makers generally and to judges and practitioners in their management of individual cases.”

Rt. Hon. Rupert Jackson, Lord Justice of Appeal, Royal Courts of Justice, January 2010.

“This is the most fascinating publication to have come across my desk for many a year.”

Rt. Hon. Philip Otton LJ Lord Justice of Appeal September 1999.

Nicholas received a CEDR Award for Excellence in 2010 and a Silver Medal in the CIOB’s Literary Awards in 1999.