Arbitration

Damien Keogh is an arbitrator and one of the leading construction and engineering lawyers in international arbitration.  Damien is a Fellow of the Chartered Institute of Arbitrators and a lecturer in arbitration law in a number of universities and colleges, including Trinity College, Dublin and The Law Society.  He has acted in numerous arbitrations over the last twenty years and been appointed as arbitrator on many occasions both in Europe and the Middle-East.

Damien acts as an arbitrator in all types of commercial and contractual disputes, with particular emphasis on construction and engineering contract disputes.

Damien has extensive arbitration experience in all aspects of commercial, construction, engineering and energy disputes.  Damien is a “Leading Individual” in Construction law as ranked by the Legal 500, and a “Leader in his field” and “among the World’s leading Construction lawyers” as ranked by Who’s Who Legal: Construction 2016.

Arbitration Experience

Damien’s construction and engineering arbitration experience includes the following:

• Dispute between local government body and main contractor under FIDIC Red Book contract in relation to variations and loss and expense claim for delay and disruption.
• ICC arbitration between main contractor and government body under FIDIC Red Book contract in respect of variations, loss and expense for delay and disruption, and alleged defective works in relation to motorway construction.
• ICC arbitration between main contractor and client in relation to contract for upgrade of rail stations including issues in respect of unforeseen ground conditions, major design changes, incorporation and interpretation of bill of quantities and specification, access issues, delays due to track possessions and restrictions in working time, delays arising from neighbour disputes and injunctions due to noise issues, lack of and delay in issue of design information and claim for additional costs in respect of numerous variations.
• DIAC Arbitration between Main Contractor and Supplier of building materials.
• Dispute in respect of defects in the civil structure of a Combined Cycle Gas Turbine (CCGT) under a bespoke FIDIC Silver Book based EPC contract including claims in respect of consequential loss arising from power plant outage during remedial works.
• Dispute between power plant design and build contractor and specialist sub-contractor and designer under bespoke FIDIC Yellow Book based subcontract terms and conditions in relation to water testing systems for the CCGT.
• Dispute in relation to warranty claims in respect of breach of warranty as regards plant condition at power generating station, rate valuations of generating stations and flood risk.
• Dispute between main contractor and developer in respect of shopping centre contract and interpretation and applicability of bill of quantities in the context of buy out of risk in respect of quantities and agreement in relation to guaranteed maximum price.
• Dispute under FIDIC Red Book contract between main contractor and sub-contractor in respect of drainage and groundworks alongside commuter rail network involving claims in respect of variations, delay and disruption, and termination of Contractor.
• Dispute under ICC arbitration rules between employer, main contractor, designers, subcontractors and glazing supplier in relation to alleged defective curtain wall glazing system in multi-storey office block.
• Dispute between main contractor and employer in relation to defects in residential property and swimming pool.
• Dispute between employer, main contractor, designers and subcontractors in relation to alleged defective curtain wall glazing system in hotel and apartments building.
• Dispute between specialist mechanical and electrical design and build contractor and main contractor under FIDIC Yellow Book based subcontract in relation to variations, loss and expense for delay and disruption and alleged defects in pipework system in waste water treatment plant.
• Dispute between main contractor and employer in respect of claim for variations and loss and expense for delay and disruption in relation to contract for extension and restoration of religious buildings and accommodation.
• Dispute between specialist mechanical and electrical contractor and employer in relation to alleged defective plant and plumbing, heating and ventilation system installation at shopping centre.

Arbitration Expertise

Damien’s areas of expertise in international construction and engineering arbitration includes:

• Arbitrations in respect of all aspects of construction contracts, projects and consultant appointments
• Variations claims
• Loss & Expense Claims for Delay and Disruption
• Disputes in respect of defective works or materials
• Claims and disputes in respect of performance bonds and parent guarantees
• Construction health and safety disputes
• Claims and disputes in respect of collateral warranties
• Construction insurance claims
• Claims in respect of construction professional negligence