Daniel GilberthorpeSenior Associate
Daniel advises domestic and international clients in disputes arising out of projects in a number of jurisdictions. Daniel has been involved in disputes arising out of a variety of standard (JCT, NEC, FIDIC) and bespoke contract forms. He also advises clients on a wide range of legal and contractual issues, including delay, loss and expense, termination of contract, defective works, and discrete matters of contractual interpretation.
Daniel has acted for clients in a number of forums including arbitration (LCIA, ICC and ad hoc rules), litigation (TCC and Commercial Court), adjudication, mediation and other forms of ADR.
- Advising a joint venture of Korean and Japanese contractors in an ICC arbitration commenced against a bank in Doha as a result of the bank’s refusal to make payment of bonds (value USD60 million), issued on a construction project to build a refinery in Saudi Arabia.
- Advising a French construction company on the challenge in the English Courts to an ICC arbitration award and a subsequent anti-suit injunction hearing relating to proceedings which had been commenced by the French contractor in Jordan.
- Advising a French construction company in an ICC arbitration commenced against its employer in relation to the construction of a port terminal in Jordan.
- Advising a US contractor on a dispute relating to defective final settlement tanks at a wastewater treatment plant.
- Advising a global contractor on a dispute relating to its role as an independent certifier of various stages of completion of a sewage treatment plant.
- Advising The Official Receiver, as liquidator of Carillion Utility Services Limited, in relation to a dispute with its insurer as to coverage for defects and associated costs at an offshore wind farm.
- Advising one of the UK’s leading renewable energy providers in relation to a claim against a main contractor for defective works at the client’s anaerobic digestion facility.
- Advising a joint venture of Korean and Japanese contractors in an ICC arbitration against its subcontractor at a refinery in Saudi Arabia, relating to delay and disruption, unlawful de-scoping, termination, and a wrongful call on the bonds. The parties claims and counterclaims had an aggregate value of around USD200 million.
- Advising the operator of Nobu Hotel Shoreditch in relation to the challenge of an adjudicator’s decision in an adjudication. The challenge was made on a number of bases including that the adjudicator had breached the rules of natural justice in the conduct of the adjudication, and that he had incorrectly interpreted the provisions of a side agreement entered into between the parties.
- University of Law, Moorgate, LPC and LLM
- King’s College London, LLB