Sean Hardy

Full Profile

Sean specialises in advising on the resolution of disputes in the energy, infrastructure and construction sectors. He has extensive experience of acting as counsel in arbitration proceedings under many of the leading institutional rules, including the SIAC, ICC, LCIA, UNCITRAL (ad hoc), HKIAC, AIAC and BANI rules, and of resolving disputes by litigation, adjudication and mediation.
 
Sean also supports clients in managing their risks during project delivery. This includes preparing construction contracts and associated project documentation, and advising on tenders, joint ventures, interim claims and claims under insurance or security. He also has significant experience of advising insurers and construction industry insureds on professional indemnity matters.

Sean has been based in Singapore since 2013 and has supported clients and advised on the resolution of disputes on major projects across the Asia Pacific region. Those projects have included production wells, pipelines, jack-up rigs, FPSOs, LNG terminals, refineries and petrochemical plants, power plants (including coal-fired, combined-cycle, solar, wind and geothermal), water treatment plants, metro tunnels and stations, railways, roads, airports, ports, sports stadia and building projects. 

Sean has also benefitted from secondments to contractor and insurer clients in Singapore and the UK, and is commercially minded as a result. He helps clients to save time and cost by avoiding formal disputes if possible and by resolving disputes that do arise efficiently.

Experience

Oil & Gas/Power/Renewables – Selected Examples

• Oil Pipeline Dispute - acting for insurers and an international contractor insured in a SIAC arbitration (expedited procedure) pursuing subrogated claims against an international oil and gas operator. Involved complex technical issues regarding the allegedly negligent decommissioning of a subsea oil pipeline in Singapore. Seated in Singapore and subject to Singapore law. 
• Oil Field Facilities Dispute - acting for an oil major owner / operator in a BANI arbitration, seated in Jakarta and subject to Indonesian law, arising from disputes with a consortium of contractors who constructed on-shore production facilities in Indonesia.
• Refinery & Petrochemical Complex Dispute - acting for multi-national EPC consortium in a SIAC arbitration arising from the construction of a refinery and petrochemical complex in Vietnam. Seated in Singapore, English law governed. Involved a range of very high value delay related and other disputes with the owner. 
• Refinery & Petrochemical Complex Dispute – acting for an international subcontractor in an ICC arbitration regarding disputes with the main contractor arising from the construction of the steam cracker complex at a refinery and petrochemical complex in Malaysia. Seated in Singapore, Malaysian law governed.  
• Solar Power Plant Project Advisory – advising Bangladeshi developer on project delivery, including in connection with interim entitlements, the termination of a contractor and claims under security. English law governed. 
• Coal Fired Power Plant Dispute - acting for Indian contractor in a SIAC arbitration concerning payment disputes and delay at a coal fired power plant project in Indonesia. Seated in Singapore, complex jurisdictional issues arose in connection with contracts governed by Singapore and Indonesian law and the insolvency of one of the co-respondents.
•  LNG Project Advisory and Dispute – advising international contractor on project delivery and in respect of the resolution of disputes by litigation before the Brunei Courts, in connection with defective works and delay in connection with upgrading works at an LNG plant project in Brunei.

 Transport/Buildings/Shipbuilding/Water – Selected Examples

• Railway Dispute – acting for a Hong Kong contractor in an ad-hoc arbitration pursuant to the UNCITRAL rules. Seated in Singapore, Thai law governed. The dispute concerned complex jurisdictional and payment disputes under a joint venture agreement in connection with a railway project in Thailand. 
• Tunnelling Dispute - acting for a contractor joint venture in a SIAC arbitration arising from the design and performance of tunnel boring machines deployed in the construction of metro tunnels in Singapore. Seated in Singapore and governed by Singapore law. Bond calls were defended successfully pursuant to SIAC's Emergency Arbitrator mechanism and substantial security for costs was also obtained successfully. 
• Metro Station Project Advisory – advising Chinese-owned contractor joint venture during project delivery in Singapore, including as regards securing entitlements to additional time and money, and the successful defence of SOP adjudication proceedings commenced by subcontractors.
• Theme and Wildlife Park Project Advisory and Dispute – (1) advising international owner consortium in respect of the successful resolution of a final account dispute, including as regards variation and extension of time claims, on a major theme park project in Korea; and (2) advising German specialist subcontractor in respect of interim claims and the resolution of delay related and other disputes by SOP adjudication and SIAC arbitration on a wildlife park project in Singapore. Seated in Singapore, Singapore law governed. 
• Sports Stadium Project Advisory and Dispute – (1) advising litigation funders on the merits of an action in connection with disputes regarding the construction of an iconic sports stadium in Asia; and (2) acting for insurers and contractor insured in litigation and mediation relating to the defective design disputes at Wembley Stadium, UK.
• Shipbuilding Dispute – advising owner in respect of the resolution of disputes and potential SIAC arbitration under various shipbuilding contracts with Chinese contractors, including in connection with alleged late payment and delayed delivery, and termination. Seated in Singapore, English law governed. 
• Water Treatment Plant Project Advisory – advising Singapore contractor during the construction of a major waterworks facility in Singapore, including in connection with interim entitlement and final account stages.