Stephen Furst KC

Call: 1975 Silk: 1991

Email: sfurst@keatingchambers.com

Tel: +44 (0)20 7544 2600

Practice Overview

Stephen Furst KC specialises in construction, engineering, energy, shipbuilding and technology related disputes along with professional negligence actions within these specialist areas of expertise.

He acts as an arbitrator on domestic and international arbitrations for bodies including the International Chamber of Commerce (ICC), DIFC-LCIA and the London Court of International Arbitration (LCIA). He is also an accredited adjudicator and mediator of considerable experience and was appointed to the Dispute Resolution Board for the Forth Replacement Bridge.

His recent appointments include disputes concerning the Panama Canal, solar energy projects in Jordan, hydroelectric companies in Madagascar as well as PFI hospital disputes in the UK.  Apart from the technical issues involved, Stephen Furst KC also considers inter-company agreements, guarantees, Letters of Credit and a variety of commercial disputes. He has a significant international practice with arbitrations relating to projects in Russia, Europe, Kazakhstan, Hong Kong, Korea, Republic of Ireland, Thailand and the United Arab Emirates. Please contact our clerking team regarding appointing Stephen in alternative dispute resolutions

He has developed a reputation for handling the most technically challenging cases and his practice covered highly complex claims in areas such as pipelines, tunnelling projects, power station construction, aircraft design, oil rig design, process plants, ship building and software.

Stephen Furst is a former Deputy Judge of the Technology and Construction Court and Recorder. He is the joint editor of Keating on Construction Contracts.

Practice Areas
  • Arbitrator
  • Adjudicator
  • Mediator
  • Dispute Resolution Boards
  • Construction & Engineering
  • Energy & Nuclear
  • Offshore Construction & Marine Engineering
  • Infrastructure & Utilities
  • PFI/PPP
  • Environmental
  • IT & Technology
  • Professional Negligence
Arbitrator
  • Chairman of LCIA Tribunal: Dispute about sale of company carrying out hydroelectric works in Madagascar.
  • Chairman of DFIC-LCIA Tribunal: Dredging dispute in the Middle East.
  • Chairman of UNCITRAL Tribunal: Fee claim relating to airport in Middle East.
  • Party appointed Arbitrator: Panama Canal disputes.
  • Party appointed Arbitrator: losses arising out of a fire in a refinery in the Middle East.
  • Chairman of ICC Tribunal: Dispute concerning desalination plant in Bahrain.
  • Chairman of LCIA Tribunal: Dispute relating to the supply and construction of “Flotels”.
  • Sole Arbitrator: Dispute concerning interpretation of contract relating to fluctuations.
  • Chairman of ICC Tribunal: Design, manufacture and installation of several gas turbines for a power station in Asia.
  • Sole Arbitrator: Prestige housing development in the UK.
  • Sole Arbitrator: Dispute over liabilities concerning waste disposal.
  • Arbitrator: Dispute relating to delay of delivery of computer/management systems involving complex issues on software and hardware.
  • DIAC appointed arbitrator: Dispute relating to Dubai Airport.
  • ICC appointed Arbitrator: Dispute on Turkish pipeline.
  • Appointed as arbitrator in a UNCITRAL arbitration concerning the construction of a road in Africa (FIDIC Contract).
  • Appointed as arbitrator concerning onshore processing facility in Russia.
  • Sole Arbitrator: Dispute relating to construction of cement factory.
  • Sole Arbitrator: Dispute on price fluctuation clause.
  • Arbitrator on UNICTRAL arbitration concerning off-shore trenching works.
  • Chairman of ICC Tribunal: Arbitration on power and desalination in Middle East.
  • Chairman on LCIA Tribunal: Arbitration concerning accommodation for off-shore work.
  • Arbitrator on dispute relating to power supply for HS1.
Adjudicator
  • Mediator/Adjudicator in relation to solar power projects in Jordan.
  • Disputes concerning road works in Wales.
  • Disputes under a PFI Contract.
  • Dispute as to the termination of a contract for the construction of a cultural centre.
  • Dispute between employer and PPP in relation to upgrade work on the London Underground.
  • Claim for professional negligence arising from a large commercial development.
  • Approved adjudicator in a dozen CTRL (Channel Tunnel Rail Link) contracts and for Cross- Rail.
  • Disputes arising out of delay in completion of sewage works.
  • Dispute about omission of works on Crossrail.
  • Dispute about delay to Jubilee Line Extension.
Mediator
  • Mediator in dispute under PFI water treatment contract in Scotland.
  • Design & Build contract for waste water treatment plant in the UK.
  • A large commercial property construction project in the UK.
  • Offshore oil platform engineering operations in the North Sea.
  • Liability for defective work to a harbour complex in the UK.
  • Disputes relating to off-shore wind farm.
Dispute Resolution Boards
  • Appointed as Board member in relation to the new Forth Bridge crossing (amended FIDIC contract).
  • Chairman of Board concerning gas pipeline in Australia.
Construction & Engineering
  • Advising on rate dispute concerning pipeline works in Kuwait.
  • Acting as Lead Counsel in Arbitration proceedings arising out of the construction of a road and associated works (FIDIC Contract).
  • Advising on a Framework Contract for a Utility.
  • Advising on Framework Contract linked to NEC3.
  • Advising local authority on NEC standard form as to substantial disputes on public transport project.
  • Advising on claims arising out of construction of high tech laser facility.
  • Appearing in Court of Appeal on pay when paid clause.
  • Advising on HK arbitrations relating to claims for additional payments under or pursuant to the contracts.
  • Advising on liability of contractors for pipe failure under term utility contract.
  • Advising on a Hospital PFI contract.
Energy & Nuclear
  • Advising on and acting on behalf of contractor on sulphur reduction work on coal fired power station.
  • Advising on liabilities in connection with construction of nuclear power plant (FIDIC Contract).
  • Advising in connection with a major nuclear storage site in Ukraine (FIDIC Contract).
  • General advice as to liabilities for work on nuclear sites.
  • Several cases relating to combined cycle generators.
Offshore Construction & Marine Engineering
  • Arbitrator in relation to dispute concerning Flotels.
  • Advising on termination rights under shipbuilding contract.
  • Advising on professional negligence claim relating to shipbuilding dispute.
  • Advising contractor on disputes relating to Royal Navy landing crafts.
  • Advising on liabilities and entitlements under pipe laying contract off Italian coast.
  • Advising on disputes relating to construction of two oil rigs in South Korea.
  • Arbitration proceedings relating to crude oil tanker.
Infrastructure & Utilities
  • Acting as Lead Counsel in Arbitration proceedings arising out of the construction of a road and associated works (FIDIC Contract).
  • Advising local authority on NEC standard form as to substantial disputes on public transport project.
PFI/PPP
  • Dispute arising out of a PFI Project Agreement for the redevelopment of a hospital.
  • Dispute concerning a PFI project for the design and construction of an energy from waste facility.
  • Adjudication relating to a PFI Project Agreement for the design, upgrading, construction, financing, operation and maintenance of wastewater treatment works.
Environmental
  • Acting for client in connection with construction of waste incinerator.
  • Advising as to liabilities arising from sewage pumping station.
  • Advising as to nuisance from sewage treatment plant.
IT & Technology
  • Advising on complex contract as to liabilities for software failures.
  • Representing government on software for control of human centrifuge.
  • Represented clients in dispute involving computer aided design and manufacture for aircraft.
Professional Negligence
  • Acting for contractor in professional negligence claim against engineers.
  • Acting for private client in claim against architect.
Case Reports
Case Date
William Hare Ltd v Shepherd Construction Ltd 2010
Gold Group Properties Ltd v BDW Trading Ltd 2010
William Hare Ltd v Shepherd Construction Ltd 2009
Reinwood Ltd v L Brown & Sons Ltd CA 2009
North Midland Construction Ltd v AE & E Lentjes UK Ltd 2009
Buildability Ltd v O’Donnell Developments Ltd 2009
Balfour Beatty Engineering Services (HY) Ltd v Shepherd Construction Ltd 2009
Galliford Try Infrastructure Ltd v Mott MacDonald Ltd 2008
Carillion Construction v Devonport Royal Dockyard 2006
Carillion Construction Ltd v Devonport Dockyard Ltd 2006
Henry Boot Construction Ltd v Alstom Combined Cycles 2005
Henry Boot Construction Ltd v Alstom Combined Cycles Ltd 2005
Henry Boot Construction Ltd v Alstom Combined Cycles Ltd 2005
Henry Boot Construction Ltd v Alstom Combined Cycles Ltd (No. 2) 2005
Henry Boot Construction Ltd v Alstom Combined Cycles Ltd 2005
Devonport Royal Dockyards Ltd v Carillion Construction Ltd 2005
Devonport Royal Dockyard Ltd v Carillion Construction Ltd 2005
Carillion Construction v Devonport Royal Dockyard 2005
Carillion Construction Ltd v Devonport Royal Dockyard 2005
Birse Construction Ltd v McCormick (UK) Ltd 2005
Benaim (UK) Ltd v Davies Middleton & Davies Ltd 2005
AMEC Capital Projects Ltd v Whitefriars City Estates Ltd 2004
Carillion Construction Ltd v Devonport Royal Dockyard Ltd 2003
Alstom Combined Cycles Ltd v Henry Boot plc 2002
Skanska Construction v Anglo Amsterdam 2002
RG Carter Ltd v Edmund Nuttall Ltd 2002
Lord Norman Foster and Foster & Partners v Associated Newspapers Ltd 2002
John Mowlem Construction plc v Secretary of State for Defence 2002
Hurstwood Development v Motor & General 2002
Nordic Holdings Ltd v Mott Macdonald Ltd 2001
Bouygues (UK) Ltd v Dahl-Jensen (UK) Ltd (In Liquidation): Dahl-Jensen (UK) Ltd (In Liquidation) v Bouygues (UK) Ltd 2001
Bouygues (UK) Ltd v Dahl-Jensen (UK) Ltd 2001
Alstom Combined Cycles Ltd v Henry Boot Construction Plc: Same v Aegon Insurance Co (UK) Ltd 2001
Macob Civil Engineering Ltd v Morrison Construction Ltd 2000
Henry Boot Construction ltd v Alstom Combined Cycles Ltd (Formerly GEC Alstom Combined Cycles Ltd) 2000