Angus Frean

Full Profile

Angus is an experienced construction disputes lawyer, having worked for extended periods in both Australia and the Middle East.

His practice focusses on supporting owners and contractors with complex, high value disputes arising on major projects in the oil & gas, mining, energy and public infrastructure sectors, including on projects located across Australia, the Middle East, and North Africa.

Angus advises owners and contractors with claims and contract management and with dispute avoidance throughout the project lifecycle and his experience extends to all main forms of dispute resolution, with recent experience in cross-border arbitration brought under the ICC and UNCITRAL rules, litigation, adjudication, and mediation.

Experience

Australia:

• Representing an Australian mining contractor in WA Supreme Court proceedings seeking judicial review of three adjudication determinations made under WA’s security of payment legislation concerning the application of the “mining exclusion” to works undertaken on an iron ore project in Western Australia. 
• Representing a contractor in a successful mediation relating to upgrade works being undertaken at a major port in Queensland concerning claims brought by a Thai-based supplier. 
• Representing a Chinese-based principal in UNCITRAL arbitration proceedings (seated in Perth) against an EPC contractor of a 450 MW gas-fired combined cycle power station for an iron ore project in Western Australia, and in numerous related adjudications commenced under the Construction Contracts Act 2004 (WA).
• Representing a Chinese-based principal in adjudication proceedings commenced by a contractor under the Construction Contracts Act 2004 (WA) relating to the construction of a 51 gigalitre desalination plant, together with related review proceedings before the WA State Administrative Tribunal. 
• Representing a Dutch-based main contractor in domestic UNCITRAL arbitration proceedings (seated in Perth) against a subcontractor undertaking the construction and installation of mooring dolphins and associated walkways and navigational aids for a material off-load facility located in Western Australia forming part of a major oil and gas project. In addition, in related adjudications commenced by the subcontractor under the Construction Contracts Act 2004 (WA), and in a successful adjudication against the upstream project principal. 

Middle East & North Africa:

• Representing a UK-based international contractor on two arbitrations arising in relation to a USD 1.2 billion EPC contract for oil and gas processing facilities and field infrastructure in Algeria; an ICC arbitration against the owner joint venture involving claims of c. USD 560 million resulting from terrorist attacks, civil unrest, changes in scope, and disputed variation claims; and an UNCITRAL arbitration involving claims of c. USD 55 million for a supply chain dispute. The arbitrations were under Algerian law and seated in Paris and London, respectively. 
• Representing a joint venture (comprising two major European-based contractors) in an ICC arbitration against the Oman Government involving claims for delay, disruption and disputed variations arising on a major international airport project in Oman. The arbitration was under Omani law and seated in Muscat. 
• Representing an Indian-based main contractor in ICC arbitration proceedings brought against it by a UK-based subcontractor involving claims for delay, disruption and disputed variations concerning the installation of a proprietary roofing system on an international airport in Oman. The arbitration was under Omani law and seated in Dubai. 
• Advising a subcontractor in a prospective ICC arbitration under Qatar law, involving claims against the main contractor concerning a rail project in Qatar.