Dr Robert Gaitskell Q.C. practises from Keating Chambers specialising in engineering and construction disputes, often of an international nature. He was called to the Bar in 1978 and appointed Queen’s Counsel in 1994. Robert predominately acts as an arbitrator, adjudicator, dispute board member and mediator. He is both a lawyer and a professional engineer.
Current Activities
Dr Gaitskell is currently acting as chairman of various ICC arbitral tribunals, dealing with matters such as power stations, the automotive industry, petro-chemical works, and other complex engineering projects. He is also chairing a dispute panel dealing with defence projects in the UK. He has recently advised the Corporation of London on a major structural project and represented the Isle of Man Government in the Privy Council in an infra-structure project
In addition to his practice at the Bar, Robert Gaitskell is a chartered engineer, a former Vice-President of the Institution of Electrical Engineers (IEE/IET), Europe’s biggest professional engineering body, and is a former Senator of the Engineering Council. He is also a Fellow of the Institution of Mechanical Engineers. Robert’s wide experience as an engineer, both in the UK and abroad, has included power generation, transmission, distribution and application, and motor control and oil rig design.
Robert Gaitskell writes extensively and lectures throughout the world on legal/engineering subjects. He lectures on The University of London (Queen Mary’s) LLM in International Arbitration, dealing with Infrastructure Arbitrations. Chambers & Partners’ Directory consistently recommends him as a leading international arbitrator. He is a part-time judge (Recorder) authorised to sit in the Technology & Construction Court. He is regularly appointed as chairman or sole arbitrator by the ICC, and also by the Swiss Chambers of Commerce, the Law Society, the IEE/IET, the LCIA, the Dubai International Arbitration Centre and other bodies.
He also regularly carries out expert determinations involving complex engineering disputes. He is Chairman of the IET/IMechE Joint Committee on Model Forms, which produces the MF/1-4 suite of contracts used for major electro-mechanical projects worldwide. His doctorate from King’s College London concerned standard form engineering contracts.
Recommendations
International Arbitration
“an excellent grasp of the technical issues of construction and is highly adept at organising proceedings in a clear way”.
Chambers & Partners
Examples of recent work
Current Arbitration appointments
- Member of arbitration tribunals dealing with disputes concerning a Georgian Gas Pipeline Project, a Malaysian steel works and a Pacific Island road system.
- Chairman of ICC Arbitration Tribunals hearing £multi-million dispute between Singaporean and Scandinavian companies concerning building materials, an East European Port, high-technology military equipment and a west African oil drilling platform.
- Sole arbitrator dealing with a Mexican chemical plant, a Caribean Hospital, a Middle East Commercial Building, a Mozambiquan infrastructure project, a gas engineering plant and a Hong Kong public works project.
Adjudicator appointments
- Acted as adjudicator on over 50 disputes relating to engineering, energy and infrastructure disputes. He is the named adjudicator in various Channel Tunnel Rail Link contracts, and has conducted a number of adjudications on this ongoing project.
- Regularly appointed by the President of the Institution of Engineering and technology (IEE/IET) in respect of electrical and mechanical engineering disputes and by CEDR on domestic and international adjudications.
- Advised the construction industries in two foreign countries as regards the introduction of adjudication and lectures widely on the subject.
- More detailed information is available on request.
Dispute Review Boards appointments
Dr. Gaitskell is an experienced Dispute Board (DB) Chairman, and lectures and writes upon the process. Robert gave an International Chamber of Commerce (ICC) Lecture on 14 October 2004 on Dispute Boards at the launch of the ICC's new DB Rules. A paper by him on the subject is available on the Society of Construction Law website. He recently lectured at the Chartered Institute of Arbitrations on DBs.
Robert is also the Editor of The Engineer's Dispute Resolution Handbook (2006) Thomas Telford, in which he deals with the DB procedure in international disputes.
His current and recent DRB appointments include:
- Acting as Dispute Review Board Chairman in respect of a World Bank funded telecommunications project in India.
- Acting as Sole Member for a DB procedure concerning a defence installation project.
- Acting as Dispute Board Chairman in respect of two major (£0.5 billion each) construction projects.
Mediator appointments
Robert Gaitskell has carried out over 100 mediations in the commercial, construction, engineering and intellectual property sectors, many abroad including in Hong Kong, Taiwan, Singapore and South Africa. He is one of the Bar Council’s recommended experienced mediators at the Bar.
Expert Determinations
Recently appoints concern a Zambian mine Plant and a Middle East Power Station
Arbitration and Litigation (as Counsel)
- Advised a major Scottish engineering contractor on delay and loss and expense claim.
- Advised the Corporation of London on a £ multi-million professional negligence claim in a complex engineering project.
- Advised on the decommissioning of a major UK power station.
- Represented a UK contractor in Technology and Construction Court litigation concerning a services contract: Hertel v UKHT.
- Advised a foreign government on a major national library project.
Dr Gaitskell has worked in the United States, Canada, Denmark, Hong Kong, Malaysia, India, Poland, Singapore, South Africa, Mauritius, Switzerland, New Zealand, Zimbabwe, Taiwan, Korea, Trinidad and Tobago and Dubai.
Reported cases
More recently Robert's practice has been largely in arbitration and acting as an arbitrator, adjudicator and mediator but more detailed information about his reported cases is available on request.
Publications
- Legal Update columnist for Engineering Management Journal
- Editorial team member for Construction Law Yearbook. Nos. 1 -3.
- Publication on MF/1 model form: Power Engineering Journal Dec 2001.
- Publication on "Technological literacy in China: The international role of professional engineering institutions",
Cambridge Review of International Affairs Vol XIV No.1, 2001. - Publication on engineering and scientific forensic experts, Engineering Management Journal Jan 2000.
- Publication on legal and other implications of information technology, Engineering Management Journal Feb 2000.
Robert Gaitskell has lectured to a wide variety of professional audiences including the Xerox Palo Alto Research Centre (California), the Chartered Institute of Arbitrators, the Society of Construction Law, the Engineering and Technology Board in Mauritius, the European Particle Physics Establishment in Geneva, and the New Zealand SCL. He is a visiting Lecturer at the Queen Mary's College, London.
Professional CV
BSc in Electrical Engineering, University of Cape Town
Working as an electrical engineer in the UK, Zimbabwe,
S Africa and projects for North Sea oil rigs and the Thames Barrier
Called to the Bar (Gray’s Inn)
Keating Chambers
Chartered Engineer
Fellow of the Institution of Electrical Engineers (FIEE/FIET)
Queen’s Counsel
Fellow of the Chartered Institute of Arbitrators (FCIArb)
PhD, King’s College, University of London
Fellow of the Institution of Mechanical Engineers (FIMechE)
CEDR Accredited Mediator
Master of the Bench of Gray’s Inn
Member of the Dubai International Arbitration Centre
Approved Arbitrator, Hong Kong International Arbitration Centre
Fellow of the Singapore Institute of Arbitrators
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Memberships
Chairman of the Joint IET/IMechE Committee on Model Forms (which produces the MF/1-4 suite of contracts)
Heilbron Committee on Civil Procedure
Technology and Construction Bar Association (Committee Member 1987-1993),(TECBAR)
London Commercial & Common Law Bar Association (Committee Member 1987-2000)
Commercial Bar Association (COMBAR)
Singapore International Arbitration Centre 2006 (Fellow)
Other Information
Robert sits as a part-time Judge (Recorder) and is a Bencher of Gray’s Inn. He was also a member of the Bar Council's Information Technology and Services Committee, and serves on various other professional committees. He is a Liveryman of the Worshipful Company of Engineers, and of the Company of Arbitrators.
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