Firm profile submitted by Fenwick Elliott LLP
Senior Partner Simon Tolson
Partnership Manager Neil Elliot
Number of Partners 19
Number of other fee earners 22
Number of consultants: 5
Total staff 74
Areas of practice
Contentious Construction (Inc. ADR & Arbitration) 75%
Non-contentious Construction 25%
Contentious Construction Simon Tolson, Anthony Francis, Richard Smellie, Victoria Russell, Jeremy Glover
Projects & Procurement Simon Tolson, Victoria Russell
International Richard Smellie, Nicholas Gould
THE FIRM Fenwick Elliott is the largest specialist construction law firm in the UK serving international clients in the building, engineering and energy sectors, including oil, gas and power. Fenwick Elliott has since formation advised solely on construction matters. This makes it a true construction law specialist firm.
The firm provides a comprehensive range of legal services on every aspect of the construction process. Expertise include procurement strategy; contract documentation and negotiation; risk management and dispute avoidance; project support; and decisive dispute resolution, including litigation, arbitration, mediation and adjudication.
The firm acts nationally and internationally for public and private sector clients, including state corporations, owners/developers, main contractors, specialist subcontractors, consultants, institutional investors, universities, local authorities and utilities.
Fenwick Elliott has acted on a wide range of major infrastructure construction projects worldwide, including power stations, refineries, pipelines, process plants, dams, bridges, roads, airports, stadia, hospitals, universities and schools. The firm also advises on issues involving public/private finance. The firm has extensive experience advising on major construction, infrastructure and energy projects in the Middle East. Reflecting the importance of the Middle East market for the firm, in 2015 it opened its first office in the region in Dubai, UAE.
Fenwick Elliott has a well-earned reputation for advising clients on large scale energy projects including oil, gas, nuclear and renewables. Oil and gas projects range from refineries to crude oil and natural gas pipelines, process plants, floating production, storage and off-loading vessels and the firm has been involved in some of the world’s most important oil and gas developments. The firm is also actively involved in many major wind farm projects, both on and offshore in the UK and Europe for significant clients. It also advises on various nuclear projects in the UK and overseas.
PRINCIPAL AREAS OF WORK
Dispute Avoidance & Dispute Resolution: Fenwick Elliott is highly experienced in this field, from mediation to adjudication to arbitration and litigation. The firm is an acknowledged leader in the use of alternative dispute resolution. Many of its partners are trained mediators and accredited adjudicators on several nominating bodies’ panels; whilst others serve on key industry panels and are practising arbitrators. The firm regularly advises upon and conducts complex international arbitrations. It has experience of arbitrations under the DIAC, ICC, DIFC/LCIA, SIAC, UNCITRAL and ICSID arbitration rules, as well as under ad hoc and bespoke arbitration rules. The firm is used to working closely with in-house counsel and local counsel. The team is also well versed in FIDIC and other dispute resolution boards’ procedures.
Whilst the firm takes whatever steps are necessary to resolve disputes, including arbitration its primary focus is to avoid disputes and much of its work is in the form of day to day project support, including strategic advice, and review of project correspondence/notices to enable its clients to manage and effectively address problems as they arise thereby, where possible, avoiding formal procedures.
The majority of the Fenwick Elliots’s work in this field concerns disputes up to $2bn arising out of major international construction, infrastructure and energy projects. The geographical spread of the firm’s work is worldwide. It has developed a close relationship with a number of major international contractors whom it is advising on a number of disputes and strategic matters throughout the Middle East, Africa and the Caribbean. The firm also traces assets and seeks enforcement around the world in respect of international arbitration awards and makes calls on bonds or guarantees in many jurisdictions.
Procurement Strategy, Project, Contract & Documentation advice: Fenwick Elliott advises clients internationally on procurement options; contract preparation and negotiation; document appraisal and risk analysis; partnering and framework agreements; and facilities management. Its expertise covers the full spectrum of construction projects documentation including standard form and bespoke contracts; design and build; engineer, procure and construct/turnkey (EPC); joint venture agreements; partnering; alliancing and framework agreements; and service/supply contracts. The firm also advises on bonds, warranties and guarantees on the procurement of services under the EU Public Procurement Directives.