Riaz Hussain QC PRACTICE BUILDING DISPUTES. Call Date: 2001, Silk: 2016 //

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1 GENERAL COMMERCIAL AND INVESTMENT DISPUTES ENERGY, NATURAL RESOURCES AND UTILITIES BUILDING DISPUTES ADJUDICATION PROFESSIONAL NEGLIGENCE Riaz Hussain QC Call Date: 2001, Silk: 2016 // PRACTICE Among the earliest in his cohort to take silk, Riaz is an experienced advocate with strong expertise in Chambers core construction specialties and also in general commercial disputes outside the construction Bar. Riaz is recommended in construction, professional negligence and international arbitration in both the Legal 500 and in Chambers and Partners, with comments recognising the forensic and impressive quality of his advocacy, the clarity of his advice and his commercial and pragmatic approach. Riaz appears as lead counsel in high value and complex litigation and arbitration. He frequently appears as an advocate in the High Court and as counsel in international arbitrations, appearing in ICC, LCIA, DIAC, ICSID and bespoke arbitrations and PFI adjudications. He is also on the LCIA list of arbitrators. Riaz has acted in the full range of building disputes and building-related professional negligence disputes including residential, leisure, medical and educational developments; process plants, oil and gas refineries and pipelines and PFI projects. He regularly advises on the major standard forms. Riaz also acts in a range of general commercial disputes, including investment treaty claims, conflict of laws issues, insurance claims, bonds and guarantees, sale of goods, assignment issues, joint venture agreement and shareholder disputes, business consultancy agreements, enforcement of arbitral awards under the New York Convention, and cases involving allegations of corruption. BUILDING DISPUTES Riaz advises on all aspects of the common standard form contacts including the various JCT, ICE, FIDIC and NEC standard forms. He has expertise in delay, variation, defects and final account claim. Riaz frequently appears as a trial advocate cross examining experts in building disputes. Also see the separate adjudication section below. Examples of work done include: Riaz Hussain QC 1

2 Successful strike out of claim by hotel owner against building contractor alleging breach of an implied term not to charge excessive or unreasonable rates. USD$400 million final account and wrongful termination claim for a landmark sporting facility in the Middle East. 150 million LCIA arbitration regarding the design and construction of a landmark retail and leisure complex in Moscow. Ad hoc arbitral claim 100M plus re landmark hotel and apartment building in Qatar. The case involves complex issues re causes of delay and rights to terminate under Qatari law. DIAC arbitration under UAE law involving a final account claim for over 40 million DIAC arbitration under UAE law claim for negligent over-design of a cooling system for a major sporting complex in the Middle East. ICC Hearing in Dubai re a major power development in UAE. Contractor s 4 million plus claim for unforeseen ground conditions under the ICE Conditions of Contract. High-value disputes under PFI contracts, including in the health sector and waste management regarding interpretation of specification and levying of deductions. Instructed in a complex contractual adjudication under a PFI contract for negligent design and construction of a hospital. Successfully represented contractor in establishing that deductions in the sum of just under 3 million were wrongfully deducted. ADJUDICATION Riaz has wide experience of conduct of adjudications and enforcement of adjudicator s decisions under the 1996 Act. Examples of reported cases enforcing and resisting enforcement of adjudicator s awards include: Ground Developments Ltd v FCC Construccion SA and others [2016] BLR 532. Successful enforcement of adjudicator s award. Defendant ran seven objections to enforcement running the full range of jurisdictional objections. KNN Colburn LLP v GD City Holdings Ltd, [2013] All ER (D) 33. Successful enforcement of adjudicator s award. Defendant argued that the Adjudicator s decision was out of time and a breach of natural justice. Clark Electrical v JMD Developments UK Ltd: [2012] BLR 546. Successfully resisted enforcement of adjudicator s award. Key case on when a party is taken to have submitted to adjudicator s jurisdiction. YCMS LTD (T/A Young Construction Management Services) v (1) Stephen Grabiner (2) Miriam Grabiner (2009) [2009] BLR 211. Successfully resisted enforcement of revised award. Held the adjudicator had gone further than correcting a slip and had recalculated the sums due using a different method by which he introduced a further error. As a result the revised award was invalid. Letchworth Roofing v Sterling Building Co [2009] CILL Successful enforcement of adjudicator s award. A defendant could not avoid the absence of a valid withholding notice if, by reference to the Riaz Hussain QC 2

3 contract and on the facts of the particular dispute, the raising of the cross-claim in question required such notice. PROFESSIONAL NEGLIGENCE Riaz has wide experience of acting in and advising on professional negligence disputes, acting for both claimants and their insurers in relation to claims brought against a wide variety of professionals, including engineers, architects and planning consultants. Recent experience includes: High Court claim for negligent design of gas purification equipment for use in purifying renewable energy produced from by-products of a food processing factory in the UK. Multi-party High Court claim re defective and dangerous cladding in central London building. Multi-party High Court professional negligence claim regarding design, contract administration and quantity surveying services provided with regards to a school refurbishment. High Court five-party action regarding the design of a supermarket parking lot. High Court multi-party dispute defending mechanical engineer for claim for defective design of a gas supply system. High Court claim under the Contribution Act 1978 against consulting engineers for alleged negligence in supervision of water supply works. ENERGY, NATURAL RESOURCES RENEWABLES AND UTILITIES Riaz has strong experience of advising and appearing in energy and renewables cases often with an international element. He often advises on where risk and liability lies under the contract, conflicts of law issues, calls on bonds and limitation of liability provisions. Examples of cases include: ICC arbitrations regarding upgrade of oil and gas refinery in the Americas. Total claim values in excess of USD$300 million. TCC professional negligence claim for negligent design of gas purification equipment. Successfully argued that the loss of renewables obligation certificates was direct loss not excluded. Employer s rights under a major oil and gas refinery project in Saudi Arabia. Dispute value circa USD$60million. Contractor s rights to payment under a bespoke EPC contract for the design and installation of a multibillion dollar gas pipeline in the Middle East. Instructed by and advised a national petroleum organisation of an oil and gas exporting country on a number of contentious and non-contentious issues on an ongoing basis. ICC arbitration regarding a major gas pipeline through Central Asia. Total claim value over USD$100 million. Riaz Hussain QC 3

4 GENERAL COMMERCIAL AND INVESTMENT DISPUTES Riaz is also instructed in general commercial disputes outside the construction Bar. His expertise includes general contractual disputes, sale of goods cases, conflict of law issues, joint venture agreements, assignment, bonds and guarantees, and investment treaty disputes. Recent experience of general commercial cases includes: High Court proceedings against an insurer seeking indemnity under a building works insurance policy and whether the insurer is estopped from arguing an exclusion to cover applies. High Court proceedings regarding interpretation of an oral agreement for a seller s agent commission on sale of property. High Court proceedings opposing enforcement of an arbitral award under the New York Convention involving conflicts of law issues, avoiding competing jurisdictions, and the public policy exception under Article V. USD$100million ICC Arbitration regarding rights and liabilities under a joint venture agreement. ICSID dispute representing a European investor seeking compensation for alleged treaty breaches by a West African state. ICC arbitration under Swiss law regarding rights under a business consultancy agreement for mobile telephone communications in Iran. ICC arbitration regarding a hotel management agreement between a government-owned subsidiary and a major hotel chain in the Caribbean. Sale of Goods dispute under Cayman law involving the sale of scrap metal in a tri-partite agreement between a Hong Kong and Cayman company and a Caribbean Government. Advised on rights and limitations of liability under an agreement for the sale of aircraft to a national carrier, advising on whether quality defects in supplied aircraft allowed for termination and also on a limitation of liability clause under the sale agreement. Advised on a number of disputes regarding sale of property in the Middle East and issues arising regarding termination, LAD s, rights of forfeiture and choice of law including the application and construction of the UAE Civil Code and DIFC Law in Dubai. SELECTED REPORTED CASES Lobo v Corich & Anor [2017] EWHC 1438 (TCC), [2017] All ER (D) 132 (Jun) Ground Developments Ltd v FCC Construccion SA and others [2016] BLR 532 : 167 Con LR 192 Husband and Brown Ltd v Mitch Developments Ltd [ [2015] All ER (D) 156 (Oct) Oakrock Ltd v Travelodge Hotels Ltd and Others [2014] BLR 593 Riaz Hussain QC 4

5 Co-Operative Group Ltd v Carillion JM Ltd & Anor LTL 11/2/2014 Honeywell International Middle East Ltd v Meydan Group Llc [2014] 2 Lloyd's Rep 133 : [2014] BLR 401 : 154 Con LR 113 : [2014] Bus LR D13 KNN Colburn LLP v GD City Holdings Ltd, [2013] All ER (D) 33 (Oct) Clark Electrical v JMD Developments UK Ltd : [2012] BLR 546 : [2012] CILL 3249 McCain Foods GB Ltd v Eco-Tec (Europe) Ltd [2011] CILL 2989 YCMS LTD (T/A Young Construction Management Services) v (1) Stephen Grabiner (2) Miriam Grabiner [2009] BLR 211 : 123 Con LR 202 : [2009] CILL 2692 Letchworth Roofing v Sterling Building Co [2009] CILL 2717 Bole v (1) Richard Money (T/A Richard Money Associates) (2) Huntsbuild Ltd (2009) 127 Con LR 154 McAlpine v Tilebox [2005] BLR 271 Haden Young v Laing O Rourke LTL 29/09/08 YCMS v Grabiner [2009] BLR 211 ACADEMIC QUALIFICATIONS AND AWARDS 2016 Appointed Queen s Counsel Prince of Wales Scholarship (Gray s Inn) BVC Inns of Court School of Law 2000 Andrews Medal, Most Outstanding Graduate, Faculty of Laws, University College, London Awarded Medals for Best Examination Performance for each of the three years of LLB Degree at University College, London LLB (1 st Class), University College, London RECOMMENDATIONS "He is very thorough in his drafting and has a wonderfully hands-on approach." "His opinions are clear, concise and straight to the point." Construction, Chambers and Partners 2017 "Gets to grips with the details of a case quickly and gives clear direction." International Arbitration, Chambers and Partners 2017 "Gets to grips with the details of the case quickly: he is easy to work with and gives clear direction." Professional Negligence, Chambers and Partners 2017 "Strong intellect and impressive advocacy skills. Riaz Hussain QC 5

6 Construction, Legal An excellent strategist, who is easy to deal with. International Arbitration, Legal Pragmatic and commercial. Professional Negligence, Legal "He produces excellent work very quickly." "He's extremely quick on the uptake and has a razor-sharp intelligence." Construction, Chambers and Partners 2016 "He is incredibly hard-working and he has incredible attention to detail." "He is a ferocious cross-examiner and has strong analytical skills." International Arbitration, Chambers and Partners 2016 "He really understands the construction industry and how it works, and he processes very detailed information at great speed. He is also a tough and forensic cross-examiner." Professional Negligence, Chambers and Partners 2016 Pragmatic and commercial. Construction, Legal Absolutely first class he is concise, incisive and a ferocious advocate. International Arbitration, Legal He provides swift and effective input and advice Professional Negligence, Legal "He is readily accessible and he researches his cases well." "He has handled high-quality work well above his years of qualification." Construction, Chambers and Partners 2015 "He has an exceptional knowledge of procedures and practices, and has demonstrated a very rare capability to quickly understand the technical aspects of a matter." International Arbitration, Chambers and Partners 2015 "He has an ability to absorb and distil detailed evidence extraordinarily quickly. A ferocious cross-examiner, he is highly intelligent." "He stands out as a very strong lawyer, who is hard-working and very good at getting to the point." Professional Negligence, Chambers and Partners 2015 For a full list of legal directory endorsements please download the separate document 'Recommendations' Riaz Hussain QC 6