Richard Fernyhough QC
Call: 1970 Silk: 1986
Tel: +44 (0)20 7544 2600
Richard Fernyhough QC has been in full time practice as an arbitrator and adjudicator since 2009, having practised as a barrister specialising in construction and engineering law for over 35 years. He is recognised internationally as a leading commercial arbitrator who is well known for quickly and efficiently handling the heaviest and most complex disputes. He has been appointed in many arbitrations during his career as either sole arbitrator, panel member and, on many occasions, as Chairman. Mr Fernyhough is frequently appointed by such bodies as the International Chamber of Commerce (ICC), the London Court of International Arbitration (LCIA), DIAC, SIAC, the Cairo Regional Centre for Commercial Arbitration. Mr. Fernyhough is a strong believer in delivering the award as soon as practicable after the conclusion of the hearing.
As a barrister he appeared as counsel in many of the landmark cases in the field of construction law, including several notable cases in the House of Lords, and was recognised as one of the leading figures in his field. He has acted on countless heavy court cases (many of which are reported) and arbitrations over the years on claims relating to a wide range of projects including airports, commercial properties, hotels, oil rigs, power stations, process plants, railways, and tunnelling projects.
He is also a former Recorder of the Crown Court and a former Deputy High Court Judge sitting in the Queen’s Bench Division and in the Technology and Construction Court.
Mr Fernyhough has sat on tribunals in many arbitrations, most of which have been international in character. Amongst these are the following:
- Disputes relating to alleged defects in design of combined cycle gas turbines supplied to a British power station.
- Two concurrent arbitrations relating to the construction of several roll on roll off passenger ferries designed for the North Sea routes.
- Appointed sole arbitrator for disputes arising out of a joint venture agreement subject to the law of the Kingdom of Bahrain.
- Disputes arising from the decommissioning of laboratories at a military installation in the United Kingdom.
- Appointed sole arbitrator for a dispute between German contractor and an African state over a road construction project.
- Co-Arbitrator of dispute between Russian parties over purchase of land for development in Moscow subject to Russian law.
- Appointed as tribunal member in an arbitration concerning disputes over wind turbines in an offshore location.
- Appointed both as Chairman and as co-arbitrator in several arbitrations involving delays to and the termination of various contracts to build or convert various off-shore structures and support vessels.
- Co-arbitrator of a dispute in the Gulf region over the Termination of the contract for the design and construction of a major hospital development.
- Chairman of Tribunal in a dispute over claims arising from a hospital development in the Caribbean
- Arbitration over construction of three office buildings in Moscow the subject of three contracts, two of which were subject to Russian law.
- Arbitration over the design, construction and fitting out of a medical facility in the Middle East.
Richard Fernyhough has worked as arbitrator in France, Hong Kong, Taiwan, South Korea, Malaysia, Egypt, Dubai, Bahrain, the USA, the Bahamas, Pakistan and Singapore. He has also worked on cases involving Abu Dhabi, Anguilla/St. Nevis, Australia, PR of China, Denmark, Germany, India, Italy, Jamaica, Libya, Nigeria, Qatar, Russia and Malawi.
- Dispute over the failure of a tunnel serving a hydro-electric power station.
- Dispute over the proper payment required under an agreement for the transportation of state prisoners.
- Dispute over the correct accounting of train fares received on over-ground and underground networks.