Tom Anderson

Full Profile

Tom is a Senior Associate in the MEA Projects & Construction team. Tom relocated to the firm’s Dubai office in February 2022, having worked in the team in the Perth office since February 2017. Tom advises employers, developers, contractors, sub-contractors, and consultants across the life cycle of construction projects in the Middle East from drafting contracts, advising as project counsel, and representing clients in dispute resolution proceedings, predominantly international arbitration.

Whilst practising in Perth, Tom gained experience working on arbitrations and litigation arising out of high profile projects in the mining and resources sector, dealing with applications for rapid adjudication, and seeking and contesting applications for urgent injunctive relief arising parallel to arbitral proceedings and ICC Emergency Arbitration proceedings.

Experience

Contentious

• Ongoing representation of a leading Chinese international contractor in relation to arbitration proceedings relating to the construction of Abu Dhabi Airport.
• Acting for an employer on a USD 8 billion phosphate project in Saudi Arabia defending a contractor’s claims for extensions of time, variations, prolongation costs, and disruption costs and prosecuting counterclaims for the costs of completing the works after termination of the contract.
• Acting for a contractor on Palm Jumeirah luxury residential and hotel resort development in a DIAC arbitration against a subcontractor defending claims for extensions of time, disruption, prolongation costs and variations and counterclaiming for the costs of manpower, materials and other financial support provided to the subcontractor.
• Providing project counsel advice to the main contractor joint venture on a large shopping mall development in Abu Dhabi, including with respect to termination of the contract and encashment of bonds by the employer. Acting for the joint venture in a number of arbitrations commenced by sub-contractors.
• Providing project counsel advice to the developer of a large twin-tower skyscraper development in Dubai with respect to significant and complex extension of time, prolongation cost and disruption cost claims made by the main contractor.
• Acting for the head contractor of a large luxury hotel and serviced apartment complex on Bluewaters Island in Dubai in an LCIA arbitration against the MEP subcontractor 
• Advising the head contractor on disputes with various separate subcontractors for significant packages of work in relation to the onshore facilities of an LNG project in Australia, including arbitration under the ICC rules.
• Acting for an international engineering enterprise in defending claims in an UNCITRAL arbitration brought by a subcontractor on the Roy Hill Project in Western Australia.
• Acting for a large construction contractor in defending Supreme Court of Western Australia proceedings brought by its supplier in relation to alleged non-payment of amounts due under a supply contract for a wind farm project in Western Australia.
• Advising a major contractor on the Elizabeth Quay project and acting on their behalf in litigation in the Supreme Court of Western Australia and ACICA fast track arbitration with various subcontractors.
• Acting for an Australian engineering and project management group in defending Supreme Court of Western Australia proceedings in relation to the alleged defective design of buildings at several iron ore mines in the Pilbara region of Western Australia.

Non-Contentious

• Advising a UK based design consultant on UAE and Abu Dhabi market practice with respect to a draft consultancy agreement for the design of a business park on Saadiyat Island in Abu Dhabi.
• Preparing template consultancy and construction contracts for a power generation developer with respect to the design and construction of new company headquarters.
• Advising a leading Chinese international contractor in relation to proposed sub-contracting arrangements with respect to tunnelling works on a mega-project in Saudi Arabia.
• Preparing a template construction contract based on the 1999 FIDIC Red Book for a Dubai-based developer with respect to a project for the construction of luxury residential villas.
• Advising a UK based design consultant on a draft contract for design services with respect to the King Abdullah Financial District project in Riyadh.
• Acting for a joint venture in the preparation of a full supply chain suite for use on a major road transport project in Western Australia.
• Advising a major fashion retailer on leasing in shopping centres in Victoria, New South Wales and South Australia.