CARMICHAEL LEMAIRE LTD
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Services

Arbitration, Mediation and Risk & Conflict Management for Construction and Infrastructure

 

Services


The firm’s approach is centred on:

  • Managing risk and conflict and, where possible, turning them into opportunity.

  • Using appropriate dispute resolution processes and streamlining them to obtain results promptly at reasonable cost.

Gillian is often asked to bring a fresh perspective to disputes that have reached stalemate, are taking too long to resolve or have become too costly.

As well as her counsel work, Gillian serves as arbitrator and mediator.

Gillian’s experience covers a number of sectors, including roads, railways, bridges, water distribution, waste management, sub-sea construction, shipbuilding, manufacturing plant, oil and gas, nuclear energy, chemicals, hotels and leisure, commercial property, military facilities, and manufacturing and distribution.

Clients include large international corporates, small and medium sized businesses and individuals. The firm’s fees reflect the need for small and medium sized enterprises to have access to arbitration to resolve international disputes.

Having been active in pro bono work for many years, Gillian is committed to promoting access to justice, equality and diversity through better public knowledge of dispute resolution processes, notably in schools.

Gillian enjoys helping her clients resolve conflicts through walking.

 

TYPES OF DISPUTES HANDLED:

  • Engineering, procurement and construction (delay and disruption, cost overruns, contract termination, payment, global claims, design deficiency and defective plant and equipment, warranties, operation and maintenance, concession agreements and PFI/PPPs, consultancy and management, personal injury, professional negligence, and the environment). Gillian works with technical experts on different methods of delay and disruption analysis, including system dynamics.

  • Corporate and commercial (manufacturing, distribution and commercial agency, hotel management contracts, acquisitions, joint ventures, and shareholders’ disputes).

 
 
 

Areas of Practice


RISK, CONFLICT AND CONTRACTS

Support in anticipating, assessing and managing risk and conflict, and preventing and managing disputes.

  • Review of commercial tenders and contracts.

  • Drafting contracts, including dispute resolution clauses.

  • Auditing contracts and projects.

  • Advising on pre-litigation/arbitration correspondence, strategy and negotiation.

ARBITRATION

Advice and representation throughout arbitration proceedings (whether ad hoc or institutional), including commencing or defending an arbitration, preparing written submissions, conducting hearings, and arbitration-related litigation such as enforcing arbitral awards.

Experience of a range of international arbitration institutions and rules, including International Chamber of Commerce (ICC), Procedural Rules on Conciliation and Arbitration of Contracts financed by the European Development Fund, London Court of International Arbitration (LCIA), Cairo Regional Centre for International Commercial Arbitration (CRCICA), Arbitration Institute of the Stockholm Chamber of Commerce (SCC) and ICSID. Particularly strong ICC experience.

Arbitrator appointments.

 

MEDIATION

Many contracts provide for mediation as a prerequisite to arbitration or litigation. Even when this is not stated in a contract, mediation may be used before, during or sometimes even after arbitration or litigation.

Advice on whether, how and when to use mediation and how to get the most out of mediation as a faster, cheaper and confidential way for parties to reach their own resolution of a dispute. Representation throughout the mediation process.

Mediator appointments.