Fenwick Elliott LLP

Fenwick Elliott is the largest specialist construction and energy law firm in the UK, serving international clients in the building, engineering and energy sectors. Since their formation in 1982 Fenwick Elliott has always advised solely on construction matters; making them a true construction law specialist firm.

The firm: Fenwick Elliott provides a comprehensive range of legal services on every aspect of the construction process. Their expertise includes procurement strategy; contract documentation and negotiation; risk management and dispute avoidance; project support; and decisive dispute resolution, including litigation, arbitration, mediation and adjudication.

The firm acts nationally and internationally for public and private sector clients, including state corporations, owners/developers, main contractors, specialist subcontractors, consultants, institutional investors, universities, local authorities and utilities.

Fenwick Elliott have acted on a wide range of major infrastructure construction projects worldwide, including power stations, refineries, pipelines, process plants, dams, bridges, roads, airports, stadia, hospitals, universities and schools. The firm also advises on issues involving public/private finance.

The firm has extensive experience advising on major construction, infrastructure and energy projects in the Middle East. In 2015 Fenwick Elliott opened their first office in Dubai, UAE – reflecting the importance of the Middle East market for the firm and the increasing demand for their services in the region. Having gone from strength-to-strength, the Dubai office has since become Fenwick Elliott’s international hub, serving a wide range of clients across the Middle East, Africa and South East Asia.

Fenwick Elliott has a well-earned reputation for advising clients on large-scale energy projects including oil, gas, nuclear and renewables. Oil and gas projects range from refineries to crude oil and natural gas pipelines, process plants, floating production, storage and off-loading vessels, and the firm has been involved in some of the world’s most important oil and gas developments. The firm is also actively involved in many major wind farm projects, both on and offshore in the UK and Europe, for significant clients. The firm also advises on various nuclear projects in the UK and overseas.

Types of work undertaken
Dispute avoidance and dispute resolution: Fenwick Elliott is highly experienced in this field, from mediation to adjudication to arbitration and litigation. The firm is an acknowledged leader in the use of alternative dispute resolution. Many of its partners are trained mediators and accredited adjudicators on several nominating bodies’ panels, while others serve on key industry panels and are practising arbitrators. The firm regularly advises upon and conducts complex international arbitrations. Fenwick Elliott have experience of arbitrations under the  DIAC, ICC, LCIA, SIAC, SCCA, UNCITRAL and ICSID arbitration rules, as well as under ad hoc and bespoke arbitration rules. The firm is used to working closely with in-house counsel and local counsel. The team is also well versed in FIDIC and other dispute resolution boards procedures.

While the firm takes whatever steps are necessary to resolve disputes, including arbitration, their primary focus is to avoid disputes and much of its work is in the form of day-to-day project support, including strategic advice, and review of project correspondence/notices to enable its clients to manage and effectively address problems as they arise, thereby, where possible, avoiding formal procedures.

The majority of the firm’s work in this field concerns disputes up to $2bn arising out of major international construction, infrastructure and energy projects. The geographical spread of the firm’s work is worldwide. Fenwick Elliott have developed a close relationship with a number of major international contractors whom they are advising on a number of disputes and strategic matters throughout the Middle East, Africa and the South East Asia. The firm also traces assets and seeks enforcement around the world in respect of international arbitration awards and makes calls on bonds or guarantees in many jurisdictions.

Procurement strategy, project, contract and documentation advice: Fenwick Elliott advises clients internationally on procurement options; contract preparation and negotiation; document appraisal and risk analysis; partnering and framework agreements; and facilities management. Fenwick Elliott’s expertise covers the full spectrum of construction projects documentation including standard form and bespoke contracts; design and build; engineer, procure and construct/turnkey (EPC); joint venture agreements; partnering; alliancing and framework agreements; and service/supply contracts. The firm also advises on bonds, warranties and guarantees on the procurement of services under the EU Public Procurement Directives.