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Sean Hardy

Partner

People

Sean Hardy

Partner

Profil complet

Sean has significant experience of drafting and negotiating construction, operation and associated project documentation. His role frequently involves working with clients to manage their risks during the tender, design and construction phases, including in respect of claims under security or insurance. Sean then has extensive arbitration (having represented clients in proceedings under the SIAC, ICC, LCIA, BANI and UNCITRAL (ad hoc) rules), litigation, adjudication, mediation and dispute board experience.

Since relocating to Singapore in 2013 Sean has advised on some of the largest projects in the Asia Pacific region, including pipelines, production wells, offshore platforms, LNG terminals, refineries, power plants (including geothermal), water treatment plants, tunnels, railways, roads, airports, ports and building projects.

Sean has benefitted from secondments to major insurer and contractor clients, and is commercially-minded as a result. He helps clients to save time and cost by resolving their disputes efficiently, including by reaching early commercial resolutions where possible and using expedited procedures when formal proceedings are unavoidable.

Expérience

Oil and Gas / Power – Selected Examples

  • Oil Pipeline Dispute - acting for insurers and Australian contractor in a SIAC arbitration (expedited procedure) against an international oil and gas operator. Involved complex technical issues regarding the allegedly negligent decommissioning of a subsea oil pipeline in Singapore.
  • Gas Pipeline Dispute - acting for Korean contractor in an LCIA arbitration, seated in London and governed by Kuwaiti law, in connection with a gas oil pipeline project in Kuwait. This substantial dispute concerned complex contractual issues regarding the valuation of works under a bespoke re-measurement contract.
  • Refinery and Petrochemical Complex Dispute - acting for multi-national EPC consortium in a SIAC arbitration arising from the construction of a major refinery and petrochemical complex in Vietnam. Seated in Singapore, English law governed. Involved a range of very high value delay related and other disputes.
  • Oil Field Facilities Dispute - acting for an oil major in a BANI arbitration, seated in Jakarta and subject to Indonesian law, arising from disputes with a consortium of contractors who constructed on-shore production facilities in Indonesia.
  • LNG Dispute – acting for US contractor in an ICC arbitration concerning defective works and delay at an LNG regasification terminal project in South Wales.
  • Coal Fired Power Plant Dispute - acting for Indian contractor in a SIAC arbitration concerning payment disputes and delay at a coal fired power plant project in Indonesia. Seated in Singapore, complex jurisdictional issues arose in connection with contracts governed by Singapore and Indonesian law and the insolvency of one of the co-respondents.
  • Steel Supply Dispute - acting for US contractor in a SIAC arbitration concerning defective works and delays by its steel supplier on a coal fired power plant project in Indonesia.
  • Geothermal Power Plant – advising Japanese contractor on risk, including in connection with a complex consortium agreement, following a landslide during the construction of a geothermal power plant in Indonesia.

Transport and Other Infrastructure – Selected Examples

  • Railway Dispute - acting for 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.
  • 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 train line tunnels in Singapore. Seated in Singapore and governed by Singapore law. Bond calls were resisted successfully pursuant to SIAC's Emergency Arbitrator mechanism and substantial security for costs was also obtained successfully.
  • Water Treatment Plant Dispute – advising Singapore contractor in connection with risk and claims arising from the construction of a major waterworks facility in Singapore.
  • Water Supply Project Advice – advising Korean contractor on risk arising from a joint venture agreement to design and construct a water supply project in Sri Lanka.
  • Water Utilities Dispute – acting for utilities contractor in an LCIA arbitration and mediation relating to disputes under a Framework Agreement with the services provider.
  • Sports Stadium Dispute – acting for insurers and contractor in litigation and mediation relating to the defective design disputes at Wembley Stadium, UK.
  • Residential and Mixed-use Development Disputes - advising German specialist supplier in respect of risk and claims in connection with the design and supply of elevators on residential and mixed-use projects in Singapore.
  • Ground Improvement Dispute – acting for insurers and consulting engineers in litigation and mediation relating to defective ground improvement and foundation works at a depot in the UK.

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Expertise

Sean advises contractors and other project participants on all aspects of construction law, with a particular focus on supporting project delivery and advising on the resolution of disputes by international arbitration in the energy and infrastructure sectors.

Offices & Regions covered