Michael is a projects and construction partner and has been based in the Middle East with Clyde & Co LLP since 1998. During his time in the Gulf Michael has been involved in many of the region's highest profile construction projects and disputes.
Michael is well known for conducting complex construction arbitrations pursuant to the DIAC, LCIA and ICC Rules of Arbitration. He has represented parties in numerous disputes involving variations, extensions of time, early termination and related issues. He has been appointed as a sole arbitrator by the Dubai International Arbitration Centre and is a judge of the Bahrain Court of Cassation assigned to the Bahrain Chamber for Dispute Resolution Court.
In addition to conducting disputes, Michael reviews and drafts conditions of contract and the associated suite of documents for infrastructure and building projects and has extensive experience of the FIDIC Conditions.
Michael is the author of "Construction Law in the United Arab Emirates and the Gulf" (Wiley-Blackwell, 2016), which includes a commentary on the application of the FIDIC Conditions (1999) in the GCC. He has presented papers at various conferences including the Commercial Law Conference in Bahrain for members of the region's judiciary at the invitation of the United States Department of Commerce, the first international conference of the Society of Construction Law as well as the first conference of the Gulf branch of the Society of Construction Law in Dubai.
He is recommended in the top tier of all the leading independent legal directories including Who's Who Legal, Chambers Global and Legal 500.
Experience
Representing a claimant main contractor in a high profile final account and wrongful termination arbitration under DIAC Rules arising out of a sporting venue in Dubai, resulting in an AED 1.2 billion (US$ 325 million) arbitration award in the claimant's favour.
Representing an international main contractor in an ICC arbitration in Egypt in connection with a high value mixed use development in Alexandria.
Advising and representing a Kuwait based Oil Company on a USD 3.5 billion build-own-transfer scheme for redevelopment of an oil township.
Advising a consortium of international contractors on issues arising out of the construction of a super-tall tower in the UAE.
Advising insurers on a claim for a catastrophic crane failure on the Burj Al Arab.
Advising and representing a developer and a formwork supplier in relation to insolvency proceedings commenced by the region’s largest main contractor.
Reviewing and amending a suite of construction contracts for an airport expansion project valued at USD 4.2 billion and a Greenfield airport development for a government entity in the UAE.
Representing the claimant main contractor in the first construction dispute to be heard in the Courts of the Dubai International Arbitration Centre (Arabtec Construction LLC v Ultra Fuji International LLC CFI 004/2007).
Representing a government entity in successfully defending a USD 1 billion claim from a contractor arising from the finishes, systems and mechanical and electrical works at the Gulf's busiest airport.
Representing a main contractor in an emergency arbitration conducted pursuant to the DIFC-LCIA Rules to secure the withdrawal of bank guarantee encashments exceeding USD 50 million.