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Daniel Gilberthorpe

Senior Associate
About

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.

Professional QualificationsSolicitor of the Senior Courts of England and Wales

EXPERIENCE

  • 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.
Education
  • University of Law, Moorgate, LPC and LLM
  • King’s College London, LLB

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