Sean Hardy

Full Profile

Sean specialises in advising on the resolution of disputes in the energy, infrastructure and construction sectors. He has extensive experience of acting as counsel in arbitration proceedings under many of the leading institutional rules, including the SIAC, ICC, LCIA, UNCITRAL (ad hoc), HKIAC, AIAC and BANI rules, and of resolving disputes by litigation, adjudication, mediation and dispute board proceedings.

Sean also supports clients in managing their risks during project development and execution. This includes preparing and negotiating construction contracts and associated project documentation, and advising on tenders, joint ventures, contract administration and claims under insurance or security. He also has significant experience of advising insurers and construction industry insureds on professional indemnity matters.

Sean has supported clients and advised on the resolution of disputes on major projects across the Asia Pacific, Middle East, UK and beyond. Those projects have included production wells, pipelines, jack-up rigs, FPSOs, LNG terminals, refineries and petrochemical plants, power plants (including coal-fired, combined-cycle, solar, wind and geothermal), water treatment plants, metro tunnels and stations, railways, roads, airports, ports, sports stadia, data centres and building projects. 

Sean has also benefitted from secondments to contractor and insurer clients in the Singapore and the UK, and is commercially minded as a result. He helps clients to save time and cost by avoiding formal disputes if possible and by resolving disputes that do arise efficiently.

Experience

Oil & Gas/ Offshore – Selected Examples

• Oil Field Facilities Dispute – acting for energy major owner / operator on BANI arbitrations, seated in Jakarta and subject to Indonesian law, arising from defects and payment disputes with a consortium of Indonesian contractors who constructed on-shore production facilities.
• Refinery & Petrochemical Complex Dispute - acting for contractor in a SIAC arbitration (and mediation) arising from the construction of a refinery and petrochemical complex in Malaysia. Involved complex jurisdictional challenges and disputes in connection with a termination, delay and engineering issues. Seated in Singapore, Malaysian law governed.
• Refinery & Petrochemical Complex Dispute - acting for international contractor consortium in a SIAC arbitration arising from the construction of a refinery and petrochemical complex in Vietnam. Seated in Singapore, English law governed. Involved very high value engineering, delay related and other disputes. 
• Subsea Oil Pipeline Dispute - acting for insurers and contractor insured in a SIAC arbitration pursuing subrogated claims against an international oil and gas operator. Involved complex technical issues regarding the allegedly negligent decommissioning of a pipeline. Seated in Singapore and subject to Singapore law.
• Gas Pipeline Dispute - acting for Korean contractor in an LCIA arbitration, seated in London and governed by Kuwaiti law, in connection with a pipeline project in Kuwait and the valuation of works under a bespoke re-measurement contract.

 Renewables / Power – Selected Examples

• Solar Power Project Advisory – advising owner on project execution in Bangladesh, including in respect of issues under a joint venture agreement, the termination of a contractor and calls on a performance security. English law governed. 
• Geothermal Power Project Advisory – advising Japanese contractor on issues arising during project delivery, including insurance and other claims arising from a landslide during the construction of a geothermal power plant in Indonesia.  
• Coal Fired Power Plant Dispute - acting for Indian contractor in Dispute Board proceedings and a SIAC arbitration concerning defects, payment disputes and delay on a project in Indonesia. Seated in Singapore, with contracts governed by both Singapore and Indonesian law.

Transport – Selected Examples

• Tunnelling Dispute - acting for a contractor joint venture in a SIAC arbitration arising from the design and performance of tunnel boring machines deployed in the construction of metro tunnels in Singapore. Seated in Singapore and governed by Singapore law. Bond calls were defended successfully pursuant to SIAC's Emergency Arbitrator mechanism and substantial security for costs was also obtained successfully.
• Railway Dispute – acting for a Hong Kong contractor in an ad-hoc arbitration pursuant to the UNCITRAL rules. Seated in Singapore, Thai law governed. The dispute concerned complex jurisdictional and payment disputes under a joint venture agreement in connection with a railway project in Thailand.  
• Metro Station Project Advisory – advising Chinese-owned contractor joint venture during project delivery in Singapore, including as regards securing entitlements to additional time and money, and the successful defence of multiple SOP adjudication proceedings commenced by subcontractors.

Buildings / Other Infrastructure – Selected Examples

• Wildlife Park Project Advisory and Dispute - advising German specialist contractor on the resolution of alleged defective design related claims by SOP adjudication and SIAC arbitration, on a wildlife park project in Singapore. Seated in Singapore, Singapore law governed. 
• Theme Park Project Advisory - advising international owner consortium on issues arising during project delivery and the resolution of a final account dispute, including as regards variation and extension of time claims, on a major theme park project in Korea.
• Sports Stadium Project Advisory and Dispute – (1) advising litigation funders on the merits of an action in connection with disputes regarding the construction of an iconic sports stadium in Asia; and (2) acting for insurers and contractor insured in litigation and mediation relating to the defective design disputes at Wembley Stadium, UK.
• Shipbuilding Dispute – advising owner in respect of the resolution of disputes and potential SIAC arbitration under various shipbuilding contracts with Chinese contractors, including in connection with alleged late payment and delayed delivery, and termination. Seated in Singapore, English law governed. 
• Water Treatment Plant Project Advisory – advising Singapore contractor during the construction of a major waterworks facility in Singapore, including in connection with interim entitlement and final account stages.