Michael Wheater KC

Practice Areas

Michael Wheater KC is a respected and sought-after commercial silk with a particular focus on domestic and international construction, engineering and infrastructure disputes, insurance coverage, professional negligence claims and property damage. He has a busy practice dealing with high-value disputes which raise complex technical and financial issues.

He has been recommended as a leader in his fields in the Legal 500, Chambers UK, Chambers Global, Doyle’s Guide and Lexology Index (formerly Who’s Who Legal) for many years, with recommendations including:

“…an excellent ally to have in the most difficult cases” (Chambers UK).

"…an exceptional advocate with the ability to digest huge volumes of information, distil the key points and strategic implications, and produce laser-focussed submissions. A real team player for whom no task is too big or too small.” (Legal 500)

Michael’s work is predominantly based in the English Courts (TCC, Commercial Court and Appellate Courts) and in the GCC region. He appears in the DIFC, ADGM, and QIDRC courts, as well as in International Arbitrations in the GCC region and broader Middle East. His work regularly brings him to the region and he is a member of the COMBAR Gulf subcommittee.

Whether in the English Courts, the offshore Courts or in Arbitration, Michael builds and leads effective teams and works proactively with clients, firms and experts to deliver successful outcomes.

Michael is also well placed to advise as to effective and efficient methods of handling e-disclosure and information management. He is the author of the leading textbook on e-disclosure together with Charles Raffin (second edition in progress) and he regularly lectures on commercial, construction and insurance disputes, legal tech and the future of dispute resolution.

Outside the law, Michael is a keen cook, rugby fan (Saracens) and dog parent to (unofficial) Gatehouse mascot Eric the Frenchie.

Michael is a Member of the Chartered Institute of Arbitrators, is a TECBAR accredited adjudicator and an ADR Group Accredited Mediator.

Professional Memberships

-TECBAR

-Society of Construction Law (UK and Gulf)

-Adjudication Society

-Kings College Construction Law Association

-Chartered Institute of Arbitrators

-COMBAR

-BILA

SCMA

Publications

-Co-Author of Electronic Disclosure Law and Practice, Oxford University Press, 2017 (with Charles Raffin).

-Contributor to Paul Reed KC’s Construction All Risks Insurance, Sweet & Maxwell, published in March 2014, second Edition in 2016, third Edition in 2021.

-Contributor to Paul Reed KC’s Construction Professional indemnity Insurance, published by Sweet and Maxwell in 2018, second edition in 2022.

-Contributor to Insurance Broking Practice and the Law, edited by CMS Cameron McKenna, Informa, looseleaf.

-“Reasonable Settlement Revisited”, Const L.J. (2011) Vol.27 No.4 p 259

-“Robinson Redux: be careful what you wish for”, Const L.J. (2011) Vol 27 No.2 p117 (with David Pliener KC)

Experience

International

Michael has a thriving international practice and is regularly called upon to advise clients in other jurisdictions on disputes within all of his practice areas. As well as representing international clients in disputes before the English Courts, Michael has acted in courts and arbitrations in Europe, the GCC Region, the Caribbean and Asia.

Michael has particular experience of disputes in the Middle East. He is a Michael is a DIFC registered advocate and is authorised to accept instructions in the ADGM and QIDRC Courts as well as having experience of International Arbitrations under all of the local rules (DIAC, ArbitrateAD, QICCA, OAC, SCCA). His work regularly brings him to the region and he is a member of the COMBAR Gulf subcommittee.

International arbitration

Michael is a Member of the Chartered Institute of Arbitrators and he acts as an advocate or arbitrator in international arbitrations under ICC, LCIA, DIAC, SIAC, ArbitrateAD, SCCA, UNCITRAL and other rules.

He is also experienced in ad hoc references and with domestic arbitration under CIMAR and other construction and infrastructure rules.

Michael’s practice regularly involves foreign law; he is familiar with the challenges such cases pose and has arbitrated under the laws of many different countries, particularly those in the GCC region, Asia and the Caribbean. He is at ease working within common law and civil frameworks.

Michael also deals with the full range of interlocutory applications aimed at supporting and enforcing international arbitration.

Examples of Michael’s work

-A series of DIAC Arbitrations (seat Dubai, Dubai Law) concerning Dubai Airport Terminal 3. Leading Simon Kerry.

-DIFC-LCIA Arbitration (seat Dubai, Dubai Law) concerning the construction of a Super Villa in Dubai.

-LCIA Arbitration (seat London, English law) Arbitration concerning allegations of delay to the design of a shipyard in Kazakhstan.

-US$136m ad hoc reference (seat Cayman) relating to Hurricane damage to a hotel development with Paul Reed KCand David Pliener KC.

-ICC arbitration (seat London) relating to the relocation and re-erection of a coal-fired power plant from Bulgaria to Turkey.

-USD $70m ICC Arbitration relating to the supply of components for a process plant in Chile. With Paul Reed KC.

-USD $150m claim arising out of the explosion of ilmenite smelter in KSA. With Paul Reed KC.

-£10m ad hoc reference (seat London) relating to the construction of roads at a London port development. Leading Simon Kerry.

-ICC arbitration, seat Zurich, arising out of the supply of components for solar energy generation.

-LGK v MPB [2020] EWHC 90 (TCC); [2020] BLR 222; jurisdiction challenge based on incorporation of Arbitration Agreement.