Karim Ghaly KC

Year of call:
2001
Silk:
2017
Email:
karim.ghaly@39essex.com

Clerks:
+44 (0)20 7832 1111

“Karim combines incandescent intelligence with an unparalleled work ethic, and he is often said to be one of the very top talents of his generation.”
The Legal 500 2022

Karim Ghaly KC specialises in the litigation and arbitration of substantial commercial disputes in the fields of construction and engineering, energy and natural resources, infrastructure, insurance, and PPP/PFI. He has acted as counsel or arbitrator in complex disputes arising out of projects in Africa, Asia, the Caribbean, Europe, the Middle East, North America, South America and the UK.

Karim is recognised as one of the leading advocates in his areas of practice. He is recommended for Commercial Dispute Resolution, Construction, Energy and Natural Resources, International Arbitration, PPP/PFI and Professional Negligence by Chambers and Partners, Chambers Global, The Legal 500, The Legal 500 Middle East and Who’s Who Legal.

Construction, Engineering and Infrastructure Disputes


“His advocacy skills are phenomenal. He cross-examines fact and expert witnesses brilliantly.” Chambers Global 2022: Construction

Karim represents governments, private employers, developers, contractors and professionals in disputes arising out of significant construction, engineering and infrastructure projects. He has extensive experience of defective design and workmanship claims, delay claims, variation claims, unlawful termination claims, and negligence claims against construction professionals.

Cases of note

LCIA Arbitration – party-nominated arbitrator in a US$500m dispute arising out of the construction of a mixed-use development in the Middle East.

The Rugby Football Union v FM Conway Limited [2022] EWHC 956 (TCC) – acted for the contractor in a TCC claim arising out of upgrade works to Twickenham Stadium.

ICC Arbitration – represented the main contractor JV in a US$500m dispute arising out an infrastructure project in the UAE.

ICC Arbitration – acted for a contractor in a US$100m claim/counterclaim relating to the construction of a combined-cycle gas power plant.

ICC Arbitration – represented the contractor in a US$50m prolongation and variations claim arising out of a marine infrastructure project in South America.

International Arbitration


“A joy to work with: able to cut straight to the key issues and distil these down for any arbitral tribunal.” The Legal 500 2022: International Arbitration

The majority of Karim’s work over the past 20 years has involved the resolution of substantial and complex international commercial disputes. He has acted as counsel or arbitrator in disputes arising out of contracts governed by, or subject to, the laws of Abu Dhabi, Bahrain, Canada, Chile, Cyprus, Dubai, England, Germany, Ghana, Israel, New York, Nigeria, Oman, Qatar, Scotland, Singapore, Switzerland and Trinidad.

Cases of note

ICC Arbitration – represented the employer in a US$120m dispute arising out of a contract for the provision of development management services.

ICC Arbitration – party-nominated arbitrator in a dispute arising out of the construction of a major residential development in Qatar.

SCMA Arbitration – represented a shipyard in a US$50m dispute concerning the construction of a semi-submersible platform in Indonesia.

ICC Arbitration – represented the main contractor in a US$500m termination dispute arising out of the construction of a landmark sports and civil infrastructure project in the Middle East.

DIAC Arbitration – acted for the main contractor in a US$70m dispute arising out of the construction of two mixed-use towers in Dubai.

PPP/PFI


“Noted for his deep understanding of the mechanisms of PFI and PPP disputes.” Chambers and Partners 2022

Karim has extensive experience of international PPP and UK PPP/PFI disputes. He has represented funders, public sector partners, project SPVs and contractors. He has a deep knowledge of the issues that that commonly arise in such projects, including the operation of payment mechanisms, benchmarking and market testing, SFPs and unavailability, termination and valuation on termination and funders’ step-in rights. Karim has acted in PPP/PFI projects concerning hospitals, power generation facilities, roads, social housing and waste facilities.

Cases of note

Resource Recovery Solutions v Derbyshire County Council & Derby City Council –represented the public sector partners in £170m TCC dispute arising out of a PPP agreement for the provision and operation of an Energy from Waste plant.

ICC Arbitration – acted for ProjectCo in a US$20m dispute arising out of a social housing PPP project in the Middle East.

Adjudication – represented ProjectCo in a £70m dispute arising out of a social housing PFI project.

Barts Health NHS Trust v Capital Hospitals Limited – represented ProjectCo in a Commercial Court dispute concerning the omission of services.

Adjudication – Acted as adjudicator in a c£20m dispute over the operation of the payment mechanism in an NHS PFI agreement.

Energy and Natural Resources


“He is strategic about how he cross-examines; he really digs deep and does the work…He conveys really complex ideas in a really accessible way.” Chambers Global 2022: Energy and Natural Resources

Karim’s work in this sector encompasses a range of industries including oil and gas, wind, solar, biofuel, electricity, mining and water. He represents and advises a diverse client base, ranging from national oil companies to institutional investors to specialist contractors.

Cases of note

ICC Arbitration – represented a national oil company in a US$500m claim/counterclaim concerning the redevelopment of an oil refinery.

DIAC Arbitration – party nominated arbitrator in a gas storage dispute.

Stena Oilfield Services Limited v Tullow Ghana – represented Tullow in a Commercial Court dispute arising out a contract for the provision of a drilling rig for a project offshore Ghana.

Resource Recovery Solutions v Derbyshire County Council & Derby City Council –represented the public sector partners in £170m TCC dispute arising out of a PPP agreement for the provision and operation of an Energy from Waste plant.

LCIA Arbitration – acted for the operator in a JOA dispute arising out of an African oil and gas project.

Insurance and Reinsurance


Karim undertakes a range of insurance work including disputes over issues of coverage, non-disclosure, misrepresentation and breach of warranty.

He has substantial experience of contractors’ all risks, professional indemnity and property insurance disputes arising from construction and engineering, infrastructure and energy projects.

Cases of note

The Rugby Football Union v FM Conway Limited [2022] EWHC 956 (TCC) – represented FM Conway in a dispute which raised questions as to the scope of the co-insurance defence under an “all risks” project policy, the means by which identified and unidentified parties participate in a project policy and a contractor’s insurable interest in the project property after the completion of its works.

LCIA Arbitration – represented the underwriter in a property insurance coverage dispute.

Arbitration – represented the underwriter in a marine cargo coverage dispute.

Adjudication – acted for an NHS Trust in a dispute arising out of the insurance arrangements under a PFI agreement.

Recommendations


Karim is recommended for Commercial Dispute Resolution, Construction, Energy and Natural Resources, International Arbitration, PPP/PFI and Professional Negligence by Chambers and Partners, Chambers Global, the Legal 500, the Legal 500 Middle East and Who’s Who Legal.

Recent quotes from clients, as reported by these directories, include:

“Very hard-working and a brilliant strategist, he’s a proper legal chess player who out manoeuvres the opposition”; “He just exudes confidence and ability so clients are happy to listen to him.” Chambers and Partners 2022.

“Extremely effective in cross-examination, fantastic on his feet.” Chambers and Partners 2021.

“An extremely talented oral advocate and a brutally effective cross-examiner.” The Legal 500 2021.

Commercially astute and great to work with.” Who’s Who Legal 2021.

Call +44 (0)20 7832 1111 for more information

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