Chris Chetty

Full Profile

Chris is a senior associate in Clyde & Co’s global Projects and Construction Team. He is based in Clyde & Co’s Abu Dhabi office but also works out of Clyde & Co’s offices in Dubai and Johannesburg.

He specialises in major construction disputes related to projects in the UAE, KSA, and Kazakhstan. While he has developed expertise in construction disputes, he has also had exposure to general corporate and civil litigation, as well as transactional work in previous roles.

Chris has conducted extensive reviews and interpretations of most standard form construction contracts, including the IChemE, FIDIC, and NEC agreements, as well as various bespoke construction contracts.

Experience

• Acting for a leading global construction company:
  • in arbitration proceedings related to several claims and counterclaims, with the largest valued at c. AED1.7 billion, relating to the expansion of a mall on Al Maryah Island, Abu Dhabi;
  • in court proceedings involving multiple claims and counterclaims, with the largest valued at c. AED588 million, relating to the expansion of a mall in Dubai.
•  Acting for a large mining company based in KSA:
  • in dispute adjudication board and ICC arbitration proceedings involving multiple claims and counterclaims, with the largest valued at c. US$263 million, relating to the construction of a Sulphuric Acid and Power Plant; and
  • in a dispute resolution process involving multiple claims and counterclaims, with the largest worth c. US$353 million, relating to the construction of a beneficiation plant, crusher, and overland conveyor.
• Acting for an international main contractor joint venture in arbitration proceedings under the auspices of the Dubai International Arbitration Centre, involving multiple claims and counterclaims, with the largest worth c. AED1 billion, relating to the construction of a resort on the Palm Jumeirah, Dubai.
• Acting for a leading real estate developer in the UAE based in Abu Dhabi:
  • in arbitration proceedings under the auspices of the Abu Dhabi Commercial Conciliation and Arbitration Centre, involving multiple claims and counterclaims, with the largest worth c. US$364 million, relating to the design and construction of a mixed-used development in Astana, Kazakhstan; and
  • in insolvency court proceedings relating to the same matter before arbitration.
• Acted for a European EPC contractor in multiparty litigation before the Technology and Construction Court in London, in respect of a main claim of c. GBP133 million, relating to the construction of a fluidized bed gasification power plant in Kingston upon Hull, UK.
• Acted for a US-based contractor operating in the UAE in an arbitration under the auspices of the Abu Dhabi Commercial Conciliation and Arbitration Centre, with a post termination contractual claim of c. US$14 million, under a BOOT agreement for a briquetting plant in Abu Dhabi.
• Acted for the world’s largest primary producer of platinum based in Johannesburg, South Africa:
  • in a final account claim against a contractor worth c. ZAR80 million; and
  • in dispute resolution board proceedings regarding design work on a mine in Limpopo, South Africa.
•  Acted for one of the largest energy technology companies in the world:
  • in an international arbitration pursuant to the UNCITRAL Arbitration Rules, in respect of a claim of c. ZAR4 billion arising out of the construction of the Medupi Power Station;
  • in an arbitration under the auspices of the Association of Arbitrators (Southern Africa) relating to the material traceability of steel used in the construction of the Kusile Power Station;
  • in dispute adjudication board proceedings concerning a loss of productivity claim of c. ZAR350 million; and
  • in dispute adjudication board proceedings concerning extension of time and additional payment claims to the total value of c. ZAR130 million.
•  Acted for the developer of a hydropower project in Rwanda in several construction and engineering disputes:
  • defended against a claim of c. US$22 million in an arbitration under the auspices of the ICC in relation to the civil contractor’s claim for contract price adjustment on steel;
  • acted in dispute board proceedings against the civil contractor in relation to the clarification of contract terms relating to delay damages; and
  • defended against a claim of around US$4 million in dispute board proceedings in relation to the electromechanical contractor’s claim for an extension of time and additional costs.
• Acted for an international contractor based in France on a dispute relating to a call on a performance bond amounting to US$9 million.
• Acted for an international specialist bank and asset management group who defended against a claim of c. US$24 million in an international arbitration pursuant to the international rules of the AFSA, arising out of a series of equity transactions.