Additional Highlights

Neutral

Irvinder has extensive experience acting as a neutral, some examples of which include:

Sole Arbitrator/Panel Member

Appointed in variety of international and domestic matters, dealing with all procedural issues, interim applications, hearings and proceeding to final written awards determining liability and assessing costs including:

• Building contract dispute relating to fit out of prestigious diamond merchant's sales premises;
• Building contract dispute relating to fit out of senior college premises;
• Multi-party (numerous respondents with different interests) energy dispute relating to complex claims for breach/ termination of contract for unpaid margin calls for drilling costs and further oil sales;
• International property dispute relating to claims for breaches of contract arising out of various purchase agreements;
• Partnership dispute dealing with breach of contract claims relating to practice procedures, valuation and sale of substantial veterinary business;
• Dispute involving claims for substantial damages for wrongful termination of Service Level agreement between international company selling appliances worldwide and service company;
• Fee dispute arising from international financial consultancy agreement relating to claims for retainer and success fees from investments (Canadian and English parties);
• Dispute between senior Solicitor and Solicitor's firm with claims for wrongful termination and outstanding consultancy fees;
• Panel Member hearing member's appeal against decision of Solicitors' Disciplinary Tribunal.

Mediator and mediation representative on many occasions in contracts, commercial, construction, public body, and in professional negligence matters including high value disputes. Unlisted due to confidentiality of mediation.

Contentious

Party Representative/Advocate
• Acted for Govt of Eastern Mediterranean Country for the Attorney General, in various (1) civil engineering arbitrations (under FIDIC), and (2) building arbitrations and (3) performance bonds in relation to domestic and international contracts relating to tunnels, hospitals and roads;
• Co-counsel with Washington law firm for the government of a Russian Republic in an ICC arbitration arising out of the construction of an airline catering facility;
• Co-representative with Indian lawyers for major Indian company in international arbitration proceedings pursuant to ICC Rules of Arbitration in multi-million pound fraud and misrepresentation claims arising from purchase of medical research centre in South America, arising from share purchase agreements, shareholders agreements, CEO and employment agreements;
• UK representative working with US lawyer on behalf of US investors in UK investigation of $50-70m "Ponzi" style scheme; Case Study (documentary) aired July 2014 on CNBC American Greed Series 8 "A Wolf in Priest's Clothing".
• Acted for a private investor advising on claims against an investment firm in relation to Contracts for Difference, the FSA Rules and mechanism for complaints to the Financial Ombudsman Service ("FOS") in the UK and in Jersey;
• Acting for a buyer in relation to international proceedings arising under the Refined Sugar Association Rules of Contract pursuant to the RSA Rules of Contract and Arbitration;
• Acted for agents of a Russian Republic in an arbitration under the GAFTA rules;
• Acted for public body employer in arbitration proceedings for professional negligence against architect and lead consultants of award winning art gallery (to successful mediation).
• Acted for a developer in "no contract" stay to arbitration case, as "junior counsel" in Court of Appeal, including drafting Petition to House of Lords (now Supreme Court);
• Acted for a Joint Venture in various related arbitration and High Court proceedings arising out of a beach replenishment contract with multiple applications for leave to appeal against an Arbitrator's awards, appeals to the High Court, remission to the Arbitrator, and further applications for leave to appeal/misconduct, and appeals to the Court of Appeal;
• Advised arbitrator on his appointment and conduct pursuant to UNCITRAL Rules;
• Acted for a local authority under the ICE Conditions of Contract in claims arising out of an 80 million pound sewerage scheme including for unforeseen ground conditions, the determination of the Contractor's employment, and contaminated land issues;
• Acting in complaint against major insurance company in relation to disputed insurance cover, including referral to FOS Adjudicator and Ombudsman;
• Advising and acting for property developers in relation to fraud claims brought by local authority including consideration of local authority policy and liaison with subsequently appointed specialist criminal lawyers for 2011 trial;
• Advising and acting successfully in application brought against Defendant company director that he be joined personally as a party to the proceedings and pay the Claimant's costs;
• Acted on litigation/arbitration costs in the High Court for a Joint Venture in costs appeals to Court of Appeal on complex costs orders. Worked with costs draftsman and as junior to specialist costs counsel in preparing bills of costs, legal arguments, attending hearings before arbitrator, junior in Court and negotiating final settlement.
• Acted for a local authority in relation to possible professional negligence arising out of the construction of a new archive facility;
• Acted for a civil engineering contractor in claims arising out of a tunneling contract (ICE Conditions) and suspension of the works and claims for unforeseen ground conditions;
• Acted for a firm of Architects against a local health authority in relation to claims for unpaid professional fees under the RIBA terms and conditions;
• Advised on the effect of collateral agreements to a Hong Kong based client relating to retention monies and calling in of a performance bond;
• Advised a tunnelling contractor in adjudication pursuant to the ICE Rules of Adjudication;
• Advised a water authority in relation to claims received from a Contractor arising out of a water waste treatment plant;
• Advised a charity on building and constitutional disputes;
• Acting for a developer on claims arising out of trespass and conversion on works carried out prior to completion of a sale of land;
• Acted in partnership disputes involving companies and properties;
• Other tribunal work and general contractual disputes involving various entitles including developers, government and private residential care homes and other businesses. Advising/negotiating/drafting standard forms of contract, and 'one-off special forms of contract, performance bonds, warranties, sureties, guarantees, options, and advising engineers and architects on compliance with contractual duties;

Non-Contentious

• Preparation of a Contract for a US multi million processing plant in North Africa pursuant to the FIDIC Design and Build Turnkey "Orange Book";
• Advising a major and international hotel group on a Turnkey Development agreement for a multi-million pound hotel development in Spain;
• Advised on bespoke main terms and conditions of contract and associated documents relating to government offices in Ireland, including joint venture terms;
• Advising development company in respect of various aspects of pre and post construction issues and claims;
• Advising on option agreements relating to land;
• advising engineers and architects on their contract administrative duties;
• Advising on the standard forms of contract, and 'one-off special forms of contract, performance bonds, warranties, sureties, guarantees, and all aspects of contract law, negotiations of and redrafting of terms and conditions of contract and collateral contracts.

Selected Reported cases
• The Mayor and Burgesses of the Royal Borough of Kingston upon Thames v AMEC Civil Engineering Limited (1993) 35 Con LR 39; (1994) 10 Const LJ 225
• South Coast Shipping Company Limited -v- Havant Borough Council (1996) CILL 1146; [1998] EWCA Civ 261; [2002] 3 All ER 779 [various issues in the CA including method statements and the principles of indemnity costs]
• Havant Borough Council v South Coast Shipping Limited (No. 2) (1998) 14 Const LJ 430
• J Jarvis & Sons plc -v- Galliard Homes Limited [2000] CLC 411; [2000] BLR 33; 71 Con LR 219
• Galliard Homes Limited -v- J Jarvis and Sons plc [1999] All ER (D) 1266 CA
• Burrells Wharf Freeholds Limited v Galliard Homes Limited (2000) 2 TCLR 54; (1992) 2 EGLR 81; [1999] 22EG 82; [1999] NPC 79

Chartered Institute of Arbitrators

• Chartered Arbitrator (2008-) CIArb President's Panel of Arbitrators
• Business Arbitration Scheme (BAS) Panel of Arbitrators (2016-)
• Panel member to assess Chartered Arbitrator and Fellowship applicants/ appeals (2015-);
• Dispute Appointment Service Convention 2018 (Co-organiser)
• CIArb London Branch Immediate Past Chairman (2018-2020);
• CIArb Chairman (2015–2018); Vice Chair (2010-2015)
• Honorary Secretary (1998-2001; 2009-2015)
• Committee Member (1996-2001) (2006-2020);
• Fellow (1996)

Conferences and Seminars

• Dec 2018: CIArb DAS Convention Organising Committee and Panel Speaker;
• Sep 2018: Organiser/Chair Joint Seminar CIArb LB/ LCIA on "The Complexity of Diversity in International Commercial Arbitration"
• May 2015 to May 2018 – chaired and/or spoke at majority of CIArb LB events on arbitration, adjudication and mediation, ADR generally, costs and third party funding including:
• Sep 2017: Organiser/ Chair CIArb LB/LCIA 13th Joint Seminar – "Arbitration in India - its new face and global ramifications"
• Sep 2016: Organiser/ Chair CIArb LB/ LCIA 12th Joint Seminar – "International Arbitration and Economic Sanctions"
• Jul 2016: CIArb LB Organiser/Panel Speaker on "Med-Arb: Sweet Mix or Toxic Fusion"
• May 2016: Organiser/ Moderator: CIArb LB Workshop on effective management of arbitrations.
• Mar 2016 Organiser/ Chair CIArb LB Seminar on Costs in Arbitration
• Oct 2015: Chair CIArb LB Seminar on International Construction Contracts;
• Sep 2015: Organiser/ Chair CIArb LB/LCIA 11th Joint Seminar "Tribunal Secretaries: Myths and Realities";
• Jun 2015: Organiser/ Chair CIArb LB Seminar on "International attitudes to mediation";
• Sep 2014: CIArb LB/LCIA 10th Joint Annual Seminar on "Arbitration in Africa";
• Apr 2014:Speaker/ Panellist 2014 LCIA India Symposium on International Arbitration "Mediation and Arbitration – Synthesis or Antithesis" (Chandigarh, India)
• Nov 2010: Organiser/ Chair CIArb LB on "Costs Management in Arbitration";
• Sep 2010: Chaired CIArb LB/LCIA 6th Joint Seminar on "Arbitration in India";
• Sep 2009: Chair CIArb LB/LCIA 5th Joint Seminar "Current Issues in Arbitration";
• Oct 2009: Organiser/ Chair CIArb LB Seminar on Expert Evidence;
• Organised CIArb London Branch's 1st Conference on "Managing Conflicts: The Way Ahead" (Chair Lord Alexander of Weedon QC).

Other

• Speaker/ Panellist at the 2007 American Bar Association International Fall meeting.
• External tutor King's College MSc in Construction Law.
• Since 1996 Member of the International Arbitration Club;
• Liveryman of the Worshipful Company of Arbitrators (education Committee);
• Member London Court of International Arbitration, Panel of Arbitrators;
• Freeman of the City of London.