United Kingdom
Amy Whiting
She/herAssociateAbout
Amy has extensive experience advising on construction, engineering, and infrastructure disputes. She is experienced in international arbitrations subject to a variety of institutional rules (including ICC, DIFC-LCIA, and NAI) and has worked on matters seated across several jurisdictions.
Amy has acted for employers, contractors, and suppliers and opposite EPC Contractors in a range of complex, high value disputes.
Amy has also worked on a number of adjudications and is familiar with litigation, mediation, and other forms of dispute resolution within the UK.
Areas of FocusLitigation, Arbitration and InvestigationsInfrastructure, Construction and TransportEnergy and Natural Resources
Professional QualificationsSolicitor of the Senior Courts of England and Wales
EXPERIENCE
- 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 USD400m. The dispute includes issues relating to contractual interpretation, fitness for purpose, and liability.
- Advising a US-headquartered multinational energy conglomerate in connection with an ICC international arbitration relating to the design and construction of a solar farm in Egypt alongside simultaneous settlement negotiations. The contract was governed by English law and the dispute was subject to the ICC rules. The claim by the EPC Contractor related to delays in the issuances of PAC. This was a highly technical dispute and concerned detailed analysis of testing protocols, contractual interpretation, and allegations of significant defects preventing delivery of the project. A settlement was ultimately agreed on favourable terms for the client prior to the Statement of Defence being issued.
- Advising an Eastern European Ministry of Transport in connection with an Austrian seated ICC international arbitration relating to a delay claim brought by a consortium of global leading infrastructure companies acting as the EPC Contractor. The dispute concerned the design, build, finance and operation of one of the largest infrastructure development contracts in Eastern Europe (EUR1.7b). The consortium’s claim centred on alleged delays by the Ministry of Transport and involved a dispute regarding concurrent delay and an assessment of impact on the critical path. The arbitration involved detailed delay and quantum analysis and the use of a bespoke financial model. The award represented a substantial reduction in the consortium's claim from EUR112.5m to EUR38.5m with the Tribunal also declining to issue a costs award in the consortium’s favour.
- Advising on a shareholder dispute between two members of a JV involving the exclusion of one JV member from discussions surrounding possible underperformance of the service provider (a group company of the JV member) due to its conflict of interest. An emergency arbitration was launched in connection with this matter which was Amsterdam seated and subject to NAI rules. The dispute settled on favourable terms for our client.
- Providing ad hoc English law advice to Dutch-headquartered global engineered heavy lifting and transport company on a DIFC-LCIA arbitration in connection with its claim for unpaid invoices and changes to scope.
Education
- University of Law, LPC, Distinction, 2018 – 2020
- University of Law, GDL, Commendation, 2016
- University of Bristol, History, MA, 2014
- University of Bristol, History BA(Hons), 2010 – 2013
