Edward has over 20 years' experience of advising on construction, engineering and infrastructure disputes. He is an experienced litigator and international arbitration lawyer – having acted for contractors, sub-contractors, employers, owners and financiers in in complex, high value, multi-party disputes. He has extensive experience of handling arbitrations subject to ICC, LCIA and SIAC institutional rules; as well as on an ad hoc basis. He is also familiar with adjudication, litigation, mediation, and other types of dispute resolution – in the UK and internationally.
Edward has advised on major projects in the infrastructure and transport, power and energy, water and heavy engineering sectors. He has particular experience in working for and advising Chinese and Korean clients and has acted on disputes arising from projects in Africa, across Asia, in the Caribbean, across Eastern Europe, Pakistan, Turkey as well as the UK.
Edward was listed in the "Construction – Future Leaders – Partners" chapter of WWL: Construction for 4 years in succession. In the 2021 edition he was listed amongst the most highly regarded partners globally, described as “one of those fantastic lawyers that gets involved in all phases of a claim and manages to create the expected output even when the dispute becomes complicated”. Who’s Who Legal’s 2022 Construction report ranked Edward as a Global Leader.
- Advising a state-owned Chinese state-owned EPC contractor in relation to delay, disruption and variation claims against the employer under an EPC contract for the construction of a coal-fired power station in Vietnam. The value of the claims exceeds USD 200m.
- Acting for a Chinese state-owned engineering company in an SIAC Arbitration against the developer of a coal-fired power plant project in Indonesia. The project is part of China's Belt and Road Initiative and there was a significant political dimension to the relationships between the parties. We commenced arbitration proceedings using the SIAC’s expedited procedure and succeeded in all claims, including being awarded 100% of the client’s costs.
- Advising a Chinese subcontractor in relation to delays, disruption and additional cost associated with the design and procurement of specialist environmental protection equipment for a coal-fired power plant in Indonesia. The matters in dispute include responsibility for delays associated with the design submission, review and approval process; the subcontractor’s liability for liquidated damages; its liability for additional resource deployed by the EPC contractor to assist with the subcontractor’s design work; and its entitlement to additional payment for variations to the subcontractor’s scope of work. The claims were valued at in excess of USD 150m.
- Advising the project company and sponsors in disputes with the EPC contractor arising from a 1,000 MW power project in Indonesia. The disputes concerned liability for delays and increased costs versus contractor under-performance and involved advising the client team during the course of the project.
- Acting for a global US contractor in a dispute relating to several coal-fired power plants in Turkey. The dispute relates to a FIDIC based contract entered into with the Owner, pursuant to which the contractor agreed to upgrade and modernize the plants to deliver increased capacity and comply with current environmental standards. The sums in dispute exceeded USD 150m and the matter was settled on terms that were favorable to our client.
- Acting for a South-East Asian contractor in relation to its dispute concerning the on-going project for the construction and commissioning of a power plant worth approximately USD 1.1b in North Africa. Issues included concurrent delay, extension of time requests, serial defects and instructed changes. The EPC contract was based on the FIDIC Silver Book.
- Acting for a Turkish energy company in disputes with an EPC contractor and a National Bank arising from the financing and construction of a coal-fired power station in Turkey during the project. The contract with the EPC contractor was governed by Austrian law and subject to ICC arbitration. The contract with the National Bank was subject to English law and the jurisdiction of the English courts. The disputes in question exceeded EUR 500m.
- Acting for a consortium of major international contractors based in the Far East and Middle East in an arbitration, pursuant to the ICC rules, brought by the main civil works subcontractor. The claims and counterclaims are valued at over USD 350m, and the issues include claims for delay, disruption, variations, valuation issues and scope changes, as well as counterclaims. The claims also turn on complex allegations of fraud and breach of good faith.
- Acting for the owner and operator in relation to two disputes concerning its LNG terminal near Karachi, Pakistan – a project of significant importance to Pakistan’s energy needs. Both disputes are the subject of London-seated LCIA arbitrations. The first arbitration concerned a challenge to a purported termination of our client’s contract with a counterparty up the contractual chain. Our client succeeded in all aspects and was awarded 100% of its costs. The second is defending an arbitration with our client’s counterparty down the chain. Both disputes are of critical strategic importance to the viability of the client’s business and have political implications.
- Acting for Samsung Engineering against the Petroleum Company of Trinidad & Tobago in an ICC arbitration arising from the design and construction of a continuous catalyst regenerator platformer complex located in Trinidad & Tobago and concerning issues such as a delayed start due to permit issues and further delays due to ground conditions affecting above and below ground piping. The contract was governed by English law. Our client was successful in the arbitration - establishing an entitlement to a significant EOT and the valuation of Change Orders. The award was subsequently challenged, unsuccessfully, in the English courts.
- Advising and assisting an Asian EPC Contractor in lengthy negotiations to resolve a dispute with the Owner and Lenders, with a claim value exceeding USD 1.8b, arising from the design and construction of an oil-refinery in Egypt. The issues in question concerned delay, concurrent delay, and the application of liquidated damages versus the EPC Contractor’s entitlement to an extension of time, together with the correct interpretation of technical specifications in the EPC Contract concerning material specifications and the resolution of serial defects. DLA Piper’s advice and involvement in the negotiations resulted in a successful settlement, which included a concession that the EPC Contractor was entitled to an additional payment of USD 150m and was granted its full extension of time claim (which included significant issues relating to site ground conditions).
- Acting for an Asian EPC contractor in a mediation of disputes arising from the design and construction of an ultra-low sulphur diesel refinery plant in the Americas. The contract was governed by English law and subject to ICC arbitration. The disputes in question exceeded USD 250m.
- Acting for a Chinese supplier of solar energy units in an ICC arbitration brought by the EPC contractor of a solar power project in Abu Dhabi. The claims concern delays and defects and are valued at over USD 400m.
- Acting for a Korean EPC contractor in an ICC arbitration concerning a biomass-fueled power plant which, when finished, will be one of the largest biomass power plants in Europe. Our client is part of a joint venture and consortium. The project has experienced substantial delays, and the contract has been terminated. We act in the arbitration with the Owner arising from the termination and in potential disputes with the JV/consortium members. The EPC Contract Price is c. GBP 550m and the sums in dispute exceed GBP 350m. The contract was based the FIDIC Silver Book.
- Acting for a Chinese EPC Contractor in a dispute with its joint venture partner in the design, construction, operation and maintenance of a solar power complex in Morocco in respect of claims by our client for breach of contract by the joint venture partner.
- Acting on behalf of a Dutch company in connection with a dispute arising from the construction of a bi-facial cell production line in China pursuant to the terms of the FIDIC Silver Book. The dispute was against a UK based project company and the sums in dispute exceeded EUR 10 million. The contract was governed by English law and the dispute subject to LCIA arbitration. DLA Piper’s involvement resulted in a successful settlement on favorable terms for our client.
- Acting for an international insurer in respect of claims from an EPC Contractor made against its professional indemnity policy with regards to design and serial defects that existed within several renewable energy projects in the United Kingdom. The contracts were based on FIDIC contracts (a mix of Silver and Yellow Book).
- Acting for a Chinese EPC contractor in a dispute involving an EPC Contract governed by Singapore law (ICC arbitration), in respect of a major PET and PTA plant in North America and arising from issues including defects, potential termination, delay and variations. The dispute involved the solvency of the Owner and entitlement to additional time and money by the Contractor – the claims exceeded USD 75 million. The dispute settled, following commencement of arbitration proceedings, on terms whereby our client recovered nearly all of its claimed amounts.
- Acting on behalf of a UK subsidiary of a Korean conglomerate in an ICC arbitration, contrary to the interests of a German engineering company in connection with a dispute concerning serial defects and increased time and costs, arising from the construction of a complex chemical process plant in the UK. The sums in dispute exceeded EUR 45 million. Our involvement began during the project and included strategic advice to the client as to how to protect its position. Ultimately, we succeeded in bringing claims for fraudulent misrepresentation and wilful default, enabling our client to recover damages which significantly exceeded a contractual cap.
- Acting for a process engineering Joint Venture in a USD 450 million dispute concerning the design and construction of a state-owned magnesium oxide plant in Jordan.
- Representing an East European state-owned entity in arbitration proceedings brought by a JV contractor arising from the contract for the on-going project for the decommissioning of a nuclear power station, pursuant to the UNCITRAL rules 1976. The specific dispute concerned the delayed construction of a new interim spent fuel storage facility and solid waste management facilities and entitlement of the JV contractor to a Change/Contract Price adjustment. The matter proceeded to a hearing and our client succeeded on all points and was awarded all of its costs.
- Acting for a Korean shipyard in a dispute with the Owner relating to the delivery of a deep-water drill ship, with claims and counterclaims of more than USD 600 million. The highly technical dispute involved allegations of defects preventing delivery, contractual termination, and claims for extension of time because of Owner prevention and delay. The Award was obtained in the shipyard’s favour (including an award of damages of USD 320 million) after a four-week arbitration hearing in London. Subsequently the award was challenged, unsuccessfully, by the opponent in the High Court.
- Advising a UK engineering firm as contractor in a multi-million-pound contractual dispute with a German engineering company in relation to a contract for the design and manufacture of oil rigs in Ukraine. The contract was governed by English law and the dispute subject to LCIA arbitration. The dispute concerned claims for wrongful termination and breaches of copyright. Following the commencement of the LCIA arbitration, anti-suit injunctive proceedings were commenced in the English Courts against our client and its Ukrainian sister company. The injunctive proceedings concerned claims for breach of copyright and were commenced to prevent the enforcement of an injunction obtained in Ukraine.
- Advising a South-East African state-owned ports authority on the terms of a contract, based on the FIDIC Red Book, for the major rehabilitation of a syncrolift steel structure. The advice concerned the contractor’s claims for additional costs.
- College of Law, York: Post Graduate Diploma in Legal Practice (1998) and Legal Practice course (1999)
- University of Dundee: English/History, MA (Hons), 2(i)
- “Edward Shaw is an exceptional litigator – he is always hands on with the dispute, works seamlessly with his team and is always thinking two steps ahead in terms of the litigation and also the client’s commercial needs.” (Legal500, Construction, 2022)
- Who’s Who Legal’s 2022 Construction report ranked Edward as a Global Leader
- “Edward Shaw with DLA Piper is “one of those fantastic lawyers that gets involved in all phases of a claim and manages to create the expected output even when the dispute becomes complicated”, praise sources." (WWL: Construction - Future Leaders – Partners, 2021)
- "Ed Shaw is a very capable lawyer and provides excellent management and advice. He is easily approachable and is able to communicate complex issues in a clear and considered manner." (Legal500, Construction Contentious, 2021)
- Edward Shaw is mentioned as a key lawyer in the International Arbitration section of Legal500, 2021
- "DLA Piper’s Edward Shaw is praised by clients, one of whom describes him as "a very clear thinker and communicator with a strong understanding of the particularities that surround a construction claim". Another adds, "He has the ability to quickly understand the client’s position, advise on options and communicate succinctly in a calm manner." ("Construction - Future Leaders - Partners" chapter of WWL: Construction 2019)
- Ranked in the "Construction - Future Leaders - Partners" chapter of WWL: Construction 2019
- Legal500 has described Edward as a 'standout partner in London, and particularly easy to work with under pressure' (Legal500, Construction, 2018)
- Legal500 has described Edward Shaw as ‘bright and tenacious’ (Legal500, Construction, 2017)
Memberships And Affiliations
- Member of the Chartered Institute of Arbitrators (MCIArb)
- Member of the Society of Construction Law (SCL)
My latest insights
Going for broke - The Court of Appeal decides the limits on insolvent party enforcement...
6 October 2021 .9 minute read