Firm / Organisation

Fenwick Elliott LLP

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Senior Partner: Simon Tolson
Partnership Manager: Neil Elliot
Number of Partners: 18
Number of other fee earners: 32
Total staff: 80

Contacts:
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 LLP is the UK’s largest specialist construction and energy law firm. For more than three decades the firm has been delivering first class service to clients around the world in the building, engineering and energy sectors — including oil, gas and power. This makes it a true construction law specialist firm.

The breadth of the firm’s legal expertise, commercial awareness and sector insights allow it to consistently deliver exceptional service across a comprehensive range of legal matters. The specialist focus sets it apart from other traditional multi-disciplinary firms, with clients benefiting from a depth of industry knowledge and construction law expertise not found in a typical multi-disciplinary practice.

The firm understands all types of construction and energy projects; how they are managed, where and why problems occur and, importantly, the underlying commercial objectives. The firm provides a comprehensive range of legal services on every aspect of the construction process. Expertise includes 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 governments and state-owned corporations, local authorities and other public bodies, main contractors, owners/developers, joint ventures, specialist subcontractors and suppliers, institutional investors, engineers and architects.

Fenwick Elliott has acted on a wide range of major infrastructure construction projects worldwide, including onshore and offshore wind farms, pipelines, process plants, dams, bridges, roads, airports, stadia, hospitals, universities, schools, power stations and refineries. The firm also advises on issues involving public/private finance.

The firm also 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 renewables, oil, gas and nuclear. The firm is actively involved in many major wind farm projects, both on and offshore in the UK and Europe for significant clients as well as oil and gas projects that 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. It also advises on various nuclear projects in the UK and overseas.

PRINCIPAL AREAS OF WORK

Contentious Construction (Inc. ADR & Arbitration)
75%
Non-contentious Construction 25%

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 with two partners acting as friendly reviewers to FIDIC during the updating of the Rainbow Suite Contracts.

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 Elliott’s work in this field concerns disputes up to $2 billion 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.