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Whether the project relates to generation, transmission or
distribution and whether the need is for advice at the procurement
stage (see Procurement) or representation when a dispute has
arisen, parties involved in the electricity industry almost
invariably prefer to work with lawyers who have experience of the
industry, its processes and contract structures. This is true
of the electricity companies and the contractors, sub-contractors
and consultants working with them.
Members of Keating Chambers have experience of working with
electricity industry professionals in all aspects of their work,
from the construction of power stations and other generation
facilities to legal aspects of supply arrangements, such as pylons
and cables. Senior members of Chambers routinely appear in
international arbitrations, and often are appointed as arbitrators
to hear them. Members of Chambers are also appointed as
Expert Determinators. These disputes typically concern
power projects of all kinds, as the following examples of recent
and current instructions illustrate:
- Appointment as arbitrator of a dispute relating to construction
of a combined cycle power station in the Far East
- Appointment by ICC as arbitrator on a power station project in
Bangladesh
- Advice on dispute relating to construction of a hydro-electric
dam under a FIDIC contract in Thailand
- Providing pre-contract advice on bonds and contractual terms
for an electric turbine project in Barbados
- Chairman of World Bank Dispute Board for power control system
in India
- Expert determination re Omani power station
- Arbitration re circulating fluidised bed boiler for Indonesian
power generation
- Mediation concerning UK power station.
Members of Keating Chambers also appear in litigation in the UK
courts relating to electricity generation and generator
equipment:
Wärtsilä France SAS v Genergy plc
[2004] 92 Con LR 112 in the Technology and Construction Court on a
contract for the supply of two generator sets for installation in
power plants.
Conor Engineering Ltd v Les
Constructions Industrielles [2004] CILL 2157 in the
Technology and Construction Court on the primary activity of a
combined waste incineration and power generation facility for the
applicability of the Housing Grants Construction and Regeneration
Act 1996.
Henry Boot Construction Ltd v Alstom
Combined Cycles Ltd [2005] BLR 437 in the Court of Appeal on
the contractor’s entitlement to payment for construction work on a
combined cycle power station in North Wales under the ICE Form of
Contract 6th edition.
Rolls-Royce Power Engineering plc v
Ricardo Consulting Engineers [2005] 98 Con LR 169 in the
Technology and Construction Court where a team of three from
Keating Chambers appeared in a dispute over design obligations in
the development of diesel engines for power generation.
Instructions are also received concerning electricity distribution
and supply systems:
- In the Technology and Construction Court case of
Road Management Services (A13) plc v
London Power Networks plc [2003] BLR 303, both sides
were represented by advocates from Keating Chambers in a
dispute concerning payment for diversion of electrical cables
during road-works
- Acting as Counsel for a major contractor against a utility
company regarding a contract for the refurbishment of overhead
power cables
- Advice on exercise of statutory authority in laying pipes and
cables in roads and on private land.
As well as extensive experience of electricity-related projects,
several members of Keating Chambers themselves hold engineering, as
well as legal qualifications: six have engineering degrees; five
have practised as engineers, including two as electrical
engineers. In addition to a member of the Hong Kong
Institution of Engineers, Chambers can boast a Fellow of The Royal
Academy of Engineering and a former Vice-President of the
Institution of Electrical Engineers.
With their profile of legal expertise with engineering contracts
and experience of the industry, it is not surprising that members
of Keating Chambers enjoy working on electricity-related cases and
that they are frequently instructed to do so.
In September 2006 Keating Chambers' engineers will be
publishing "Dispute Resolution Guide for Engineers"
(Thomas Telford).
Further InformationFor further information on how our members can assist you, please contact the Senior Clerks,
John Munton and
Nick Child, in the first instance, on +44(0)20 7544 2600. They and their teams of Clerks will be pleased to advise you on the member of Keating Chambers appropriate to your requirements.