Krista Lee KC
Call: 1996
Silk: 2020
"She is excellent, thorough, and has in-depth knowledge of the law. A very effective advocate and arbitrator who inspires confidence."
Construction, Legal 500 EMEA 2024
Clerk Details
Practice Summary
Krista Chui Lan Lee KC is a specialist in engineering, construction, and energy disputes. She is reputed for her “very incisive manner, forthright at putting forward strong opinions, and excellent judgement”. Her engineering background gives her an edge in understanding a range of technical and design issues. She is also very adept at dealing with all forms of delay analysis.
Krista is a fellow of the Chartered Institute of Arbitrators and Chartered Arbitrator. She is a panel arbitrator for HKIAC, SIAC and TecBar. She is regularly appointed by parties and institutions to act as Chair and Sole Arbitrator. She has experience of acting as arbitrator in matters governed by the ICC, LCIA, LCIA-DIFC, SCCA and UNCITRAL rules, as well as determining terms of reference for ad hoc arbitrations. Krista has a detailed knowledge of all the major forms of construction/engineering contracts and partnering agreements including JCT, FIDIC, ICE, ACE, IMechE and RIBA. She has a particular interest in NEC3 and NEC4 and is the co-editor with David Thomas KC of Keating on NEC.
Krista has dealt with disputes where the governing law or procedural law is that of: Ghana, UAE, Qatar, Saudi Arabia, Kenya, Iraq, Nigeria, Lithuania, Israel, Finland, Bangladesh, Singapore, Law of California, Scotland and England & Wales. The Parties in these disputes have similarly global backgrounds and further include China, Korea, Turkey, South Africa, the Central African Republic, Spain, Germany and the British Virgin Islands.
The range of projects which Krista has arbitrated includes: solar and nuclear power stations, telecoms distribution; infrastructure; hospitals; off shore oil rigs; harbours; aircraft maintenance; metro construction; chemical laboratories; biofuel power projects; pharmaceutical research; housing developments and hotels.
Practice Areas
Arbitrator Appointments
- Co-arbitration in a dispute arising out of the construction of a boron carbide production facility (LCIA)
- Co-arbitrator in a dispute arising from the solar power sector in Europe (LCIA).
- President in relation to a sale of cargo dispute between Middle Eastern and African entities (DIAC).
- Chair of an intellectual property dispute in the pharmaceuticals industry (ICC).
- Sole Arbitrator in a security infrastructure dispute involving an intergovernmental organisation (PCA).
- Co-arbitrator in an aviation dispute (ad hoc).
- Co-arbitrator in a dispute arising out of a railway in the Middle East (ICC).
- Co-arbitrator in an offshore energy dispute in Saudia Arabia (ad hoc).
- Co-arbitrator in relation to a Remote Operated Vehicles contract, for offshore services (LCIA).
- Co-arbitrator for a dispute arising of out the performance of certain equipment at a nuclear power plant in Finland (ICC).
- Co-arbitrator in a dispute concerning the fit out of a laboratory in Lithuania (ICC).
- Sole arbitrator in a consolidated LCIA arbitration concerning an agreement for space services and the development of satellite capabilities (LCIA).
- Co-arbitrator in a dispute concerning DABs arising out of an energy project in South Asia (UNCITRAL).
- Sole Arbitrator in relation to disputes concerning delays/defects in relation to photovoltaic projects in East Africa (ICC).
- Chair of a tribunal in relation to alleged defects in a solar farm in a desert in the Asian Continent (ICC).
- President of a tribunal to resolve disputes arising out of a contract to build 2 hospitals in West Africa (ICC).
- Co-arbitrator in relation to a dispute concerning a Liquid Petroleum Gas mooring facility in the Middle East (DIFC-LCIA).
- Co-Arbitrator in a dispute arising out of electrical and mechanical failures in an island development in Dubai (DIFC-LCIA).
- Sole Arbitrator in relation to the electrical works for a major infrastructure project in Qatar (ICC).
- Sole Arbitrator in relation to a final account dispute arising out of a fit out contract for a 30 storey hotel/residential development in Dubai (ICC).
- Adjudicator in relation to a delays relating to a UK rail project (LCIA).
- Sole Arbitrator in a dispute concerning the performance of series of biomass boiler systems in agricultural use across the UK (ad hoc).
- Sole Arbitrator in a telecommunications dispute in Nigeria (ICC).
- Co-arbitrator in a dispute relating to the proper interpretation of financial terms of a commercial contract (DIAC).
- Co-arbitrator in a dispute arising out of a diving accident during an offshore pipe laying project (LCIA).
International Arbitration
- CAD$m dispute arising out of the external mechanical works for an LNG tank (ICC).
- US$7m dispute arising out of defects and delays in a project to refurbish coal-fired power stations in Southern Africa (SIAC).
- Counsel in a 3 week hearing with several experts dealing with welding, metallurgy and defect detection issues at an offshore wind farm (LCIA).
- Counsel in a 2 week Irish Adjudication hearing concerning allegations of wrongful termination, defective design and delays concerning the design and installation of power supplies at a data centre.
- Three week arbitration, involving cross examination of 4 experts concerning the defective refurbishment of a nursing home and substantial claims for loss of profits (ad hoc).
- US$35 million claim arising out of the failed operation of gold mine on a South Pacific Island. Dispute as to scope of insurance policies covering political risks in the event riots and/or war. (LCIA).
- US$1.3 billion dispute as to liability for construction and running costs and distribution of profits in respect of a thermoelectric power plant in Brazil (UNCITRAL).
- US$40 million letter of credit dispute arising from the performance of a petrochemical plant in Qatar constructed by a French/US joint venture (ICC).
- US$2 million claim arising out of the design, construction and commissioning of an Exxon facility on Sakhalin Island (LCIA/UNCITRAL).
Energy & Natural Resources
- Counsel for the contractor in a TCC claim arising out of enabling works at a nuclear facility.
- Acted for the developer in a £5m adjudication arising out of the construction of a nuclear processing plant in the UK.
- Counsel for a multinational renewable energy company in a dispute concerning defective solar panels installed across several UK solar farms.
- Counsel for the EPC Contractor for one of Europe’s largest Energy from Waste plants. Involved in adjudications and arbitrations
- Legal adviser to the UK’s largest offshore wind farm.
- Counsel in a counterclaim concerning the quality of the foundations at a UK offshore wind farm project.
- Civil works final account claim arising out of the installation of a flue gas desulphurisation plant at a coal-fired power station.
- Negotiation and drafting of a £multi-million engineering contract (based on NEC3) for the design, installation and commissioning of a new power station.
- Counsel in a multi-billion dollar claim arising out of a consortium agreement for the construction and operation of a gasfuelled power station in South America.
- Advised defendants in a multi-party claim arising out of an explosion at Humber Oil Refinery during the installation of a Diesel Hydrodesulphurisation Unit.
- Counsel acting for a Joint Venture between Birse Construction Ltd and Bilfinger and Berger UK Ltd, main contractors in respect of the construction of Didcot B power station.
Infrastructure & Utilities
- Acting for the employer in a series of disputes arising out of design changes and delays in a multimillion road project in the UK.
- Junior Counsel, responsible for delay, in an arbitration between joint venture parties in respect of the Nottingham Express Transit.
- Multi-million dollar dispute concerning the sale of telecoms capacity on sub-marine cables linking London and West Africa.
- Counsel in a substantial dispute brought by Thames Water concerning a framework agreement to make new water supply connections. This case involved substantial works in the highways and the parties’ obligations under the New Roads and Street Works Act 1991.
- Acted for the developer of a major bypass road and the impact of failure to comply with the Flood Risk Assessments.Domestic arbitration arising out of the supply and installation of conductor wire for overhead transmission of electricity.
- Advised on the CERT (Carbon Emissions Reduction Target) Scheme and its impact on domestic energy suppliers’ obligations to reduce CO2 emissions.
- Acted for UKPN in a series of adjudications concerning a contractor’s final account claim on termination of a framework agreement for civil engineering works and groundworks in respect of new connections to the electricity network and fault repairs.
- Counsel for a Highway Authority concerning a £20m transport/road scheme relating to a final account claim with the main contractor and a professional negligence claim against the company responsible for carrying out topographical surveys.
- Advised in respect of the gas meter installations required for the 2012 Olympics. Disputes arose as to the parties’ obligations under contracts based on the NEC3.
Construction & Engineering
- £35m TCC professional negligence claim arising out of alleged defects in the refrigeration system of the UK’s largest 3 meat abattoir.
- £3m professional negligence adjudication arising out of an education/schools upgrade project.
- Final account dispute arising out of the construction of the Burj Khalifa, Dubai.
- £32m claim arising out of the construction of a purpose built factory, for the relocation of three businesses serving the automotive industry.
- Counsel in a US$35m claim relating to defects and delay in a Coca-Cola megaplant in Ballina, Ireland.
- Successfully resisted enforcement of an adjudicator’s award on the ground that “more than one dispute” had been referred.
- Advising a Borough Council on its obligations under the Environmental Protection Act 1990 with regard to the remediation of contaminated land.
Other Information
Education & Career
- BA (Hons) Jurisprudence, University College Oxford (International Sale of Goods, Public International Law), 1995
- Exhibitioner at University College Oxford, 1993
- Megarry and Sunley Scholarships, Lincoln’s Inn, 1996
- Called to the Bar, Lincoln’s Inn, 1996
- Hilda Martindale Scholar, 1996
- BCL, University College Oxford (Conflicts of Laws, Corporate Insolvency, Restitution, Evidence), 1997
- Began full time practice at the Bar, 1998
- MA, University College Oxford, 2001
- BSc (Hons) (Open) (Engineering Mechanics: Solids and Fluids, Thermofluid Mechanics, Heat Transfer, Failure of Stressed Materials, Inorganic Chemistry), 2003
- TECBAR Accredited Adjudicator, 2007
- Public Access Training, 2007
- Chartered Arbitrator, 2007
- TECBAR panel of Arbitrators, 2013
- Associate Membership of the Institute of Mechanical Engineers, 2013
- Queen’s Counsel, 2020
- Deputy Head of Keating Chambers, 2023
Privacy Policies
Additional information
Krista enjoys classical music, theatre, yoga and riding.
Memberships
- Fellow Chartered Institute of Arbitrators
- HKIAC Panel Arbitrator and Adjudicator
- SIAC Panel Arbitrator
- Institute of Mechanical Engineers
- London Court of International Arbitration
- International Chamber of Commerce
- Technology and Construction Bar Association
Society of Construction Law
Seminars & Publications
- Co-editor, Keating on NEC – Second Edition (2022)
- Contributor, Keating on Construction Contracts – Twelfth Edition (2024)
Contributor, Keating on Construction Contracts – Tenth Edition (2016)
Developing an Arbitration Practice, University of Exeter (2015)
International Dispute Resolution in the Construction Industry, University of Exeter (2014)
Costs in International Arbitration, RICS (2014)
Expert Evidence: Immunity, Reports, Preparation for Hearings, Techniques for giving evidence (Constructing Excellence North East (2014)
Evidence in International Arbitration: Documentary, Factual and Expert, Reed Smith (2013)
Contributing author and assistant editor of Keating on NEC3 First Edition (2012)
Researcher, Keating on Construction Contracts – Ninth Edition (2012)
E-Disclosure, Hill International (2011)
Adjudicating More than One Dispute – Adjudication Society Newsletter (December 2006)
The New Administration Regime (April 2006)
Pride & Prejudice -s459 of the Companies Act 1985 (March 2006)
Arbitration: Practical self-study course on best practice (Informa (2005)
Civil War Exclusion Clauses – (On Risk Spring 2005 – Insurance Newsletter)
Performance Bonds & Guarantees (November 2005)
Concurrent Delay in Construction Claims (September 2005)
The Liability of Construction Professionals (April 2005)
Brokers – The New Regulatory Framework (March 2005)
Liquidated Damages Clauses in Construction Contracts (August 2004)
Unlawful Financial Assistance – Recent Cases (March 2004)
The Enterprise Act 2002 – Impact on Corporate Insolvency (December 2003)
Freezing Injunctions -A Practical Guide (March 2002)
Winding up petitions following an application for payment (Tolley’s Newsletter 2001)