Lindy Patterson QC

Year of call:
2017
Silk:
2010
Email:
lindy.patterson@39essex.com

Clerks:
+44 (0)20 7832 1111

“Confidence inspiring and pragmatic”  The Legal 500

Lindy Patterson QC is an international arbitrator, adjudicator and dispute board member as well as arbitrator within the UK.

She operates across many jurisdictions, both civil and common law, and with a variety of governing laws. She has extensive experience acting as arbitrator, adjudicator and counsel.

She operates within the construction, energy and natural resources sectors. She also has acted as arbitrator in all forms and types of commercial contract dispute.

She has chaired a number of dispute boards, both ad hoc and standing, across the world and plays an active role in promoting dispute avoidance by these means. She is immediate past President of DRBF (Region 2). To see further information on Lindy’s dispute board experience see here.

She is also qualified in Scots law and having practiced there for many years is well versed in civil as well as common law systems.

Lindy Patterson QC was a partner/solicitor advocate with CMS Cameron McKenna until April 2017 heading up a team of dispute lawyers.

International Arbitration


Lindy is a member of the London Court of International Arbitration and ICC. She chairs the domestic Arbitral Appointments Committee of the Scottish Arbitration Centre. She is immediate Past President of the Dispute Resolution Board Federation (DRBF) Region 2 – and former director. She is a Fellow of the Chartered Institute of Arbitrators. She is a Member of ICC Commission on Arbitration and ADR. She sits on the ICE Dispute Resolution Panel.  She is a member of the programme committee for ICCA 2021 which is being held in Edinburgh, Scotland. She teaches on the International Arbitration Masters Course at the University of Edinburgh.

Lindy is appointed by many of the major institutions as well as for ad hoc arbitrations.

Recent International Arbitration Appointments:

  • LCIA Arbitration re claims and counterclaims for extensions of time; prolongation costs and delay damages arising from EPC contract for construction of Bulk Liquid Terminal and Jet Fuel Pipeline to one of UAE’s international airports, subject to laws of UAE, seated in Singapore
  • ICC Arbitration involving construction of chemical complex in MENA region subject to English law
  • ICC Arbitration on claims arising from IT Systems Installation Agreement subject to the law of the Sultanate of Oman seated in Oman
  • DIFC-LCIA arbitration on disputes re oil storage seated in DIFC
  • ICC arbitration re oil drilling contract subject to Egyptian law seated in Cairo
  • ADCACC arbitration on claims for damages arising from alleged wrongful termination of contract re hotel development subject to law of Abu Dhabi seated in Abu Dhabi.
  • LCIA arbitration re claims and counterclaims arising from construction of cruise ship terminal in the Caribbean
  • DIFC- LCIA arbitration subject to UAE law re claims arising from construction of Shopping Mall in the Middle East
  • ICC arbitration subject to Omani law re hotel contracts and claims arising from these
  • LCIA arbitration seated in London subject to law of Somalia re: claims under a Concession Agreement to operate and maintain a port in an African state
  • ICC arbitration between government body and contractor subject to Romanian law re extension of time and monetary claims from road project, seated in Paris
  • ICC arbitration on construction claims on major commercial development in Kazakhstan for delay; disruption; termination losses as well as performance bond calls, subject to law of Kazakhstan, seated in Stockholm
  • DIAC arbitration subject to UAE law on construction claims re hotel development seated in Dubai
  • DIAC arbitration on construction of major residential development in UAE subject to UAE law
  • DIFC- LCIA Arbitration on claims arising from Mechanical, Electrical and Plant Works at Coil coating Plant subject to the law of the Sultanate of Oman seated in DIFC
  • DIFC- LCIA arbitration re claims and counterclaim arising from structural steel sub-contract at one of UAE Airport terminals for damages for delay; extensions of time and additional costs subject to law of Dubai Emirates and UAE law, seated in DIFC
  • Ad hoc arbitrations re interpretation of planning conditions; commercial contract provisions

Commercial / PPP


Lindy has acted as counsel or arbitrator in the following:

  • IT services contract disputes
  • disputes under Waste recycling agreements with issues of out of scope waste
  • interpretation of joint venture agreement between two oil companies and associated construction and service contracts
  • claims for post trenching operations and backfilling works in Caspian Sea
  • disputes around Charter of FPSO in South East Asia
  • claims between bridge operating company and contractor claims on a major road bridge
  • disputes between rail company and contractor on claims under NEC Contract
  • claims for out of scope works arising from roads maintenance agreement
  • claims arising from construction/refurbishment of naval base
  • disputes as to extent of real estate co-proprietors’ obligations regarding repair and maintenance
  • Claims between oil Services Companies and sub-contractors including re termination
  • Major roads PPP project in UK including issues re availability deductions; defects; interpretation of settlement agreements; interface issues; operation and maintenance
  • FPSO charter in South East Asia
  • Development agreements for residential and commercial use
  • Advising project companies and operation and maintenance contractors in PFI contracts in the health and education sectors
  • Concession agreement re operation and maintenance of African port
  • Termination of hotel development contracts across MENA region
  • Major rail hub in UK
  • PPP waste water scheme with design of plant and equipment issues

ADR / Adjudication


Lindy is a UK adjudicator on the following panels TecSA; RICS, RIBA. She has acted as adjudicator for over 15 years on all standard forms of contract but particularly NEC; JCT; FIDIC and ICC.

She was counsel in one of the first cases involving enforcement of adjudicators decisions in Scotland Homer Burgess v Chirex ( Annan ) Limited.

She is on the Conflict Avoidance Panel (CAP) constituted by RICS for Transport for London.

Adjudications in which she has acted as adjudicator within the UK include:

  • Issues of contract interpretation at all levels of the contractual chain in the construction, energy, rail, health and education sectors
  • The adequacy of payment mechanisms within the contract
  • Delay and disruption claims
  • Liquidated damages;
  • The appropriate method of valuation under the contract
  • Final account disputes
  • Cladding defects
  • Design defects
  • General defects
  • PFI/PPP disputes
  • varying disputes on waste to energy plants; infrastructure framework agreements, wind power, nuclear power and grid connections

Lindy is also an international adjudicator. She is on the FIDIC President’s International List of Adjudicators (2012) sitting on one and three person Dispute Boards usually as chair. She is immediate Past President of the Dispute Resolution Board Foundation (DRBF) a body formed to educate and promote the use of dispute boards as a means of dispute avoidance in the construction and related sectors.

Recent dispute board experience includes acting as chair in the following:

  • Dispute Review Board under heavily amended FIDIC contract for civils work in construction of a nuclear power plant in Scandinavia subject to local law
  • Dispute adjudication Board under FIDIC Contract re claims arising from construction of an economic centre and business park subject to Albanian law
  • Ad hoc Dispute Review Board in claims on European Metro project (civils) subject to Danish Law
  • ICC Dispute Review Board in turnkey project for nuclear power facility in Scandanavia
  • Former member of CERN Panel of adjudicators for the High Luminosity Project for the Hadron Collider, Switzerland.
  • Dispute Adjudication Board under FIDIC Contract subject to Serbian law on claims arising from the Trans-European Motorway (E80)
  • Dispute Adjudication Board on claims on motorway projects in Eastern Europe

Construction


  • EPC contract (FIDIC Silver Book as heavily amended) for major interconnector project with fitness for purpose issues of plant and equipment; rights of access; weather and commissioning issues
  • Major hydro power plant under NEC 3 with issues of ground conditions risk; rights of termination; insurance risk; liability for defects post completion and bond call
  • Design, construction, commissioning and testing contract for an energy recovery facility
  • EPC contract for major wind power project based on FIDIC (Silver Book); including milestones; delay damages and interface agreements
  • EPC contract for a nuclear power plant in northern Europe with issues of design changes; delays; and impact on price adjustment and cost
  • Turbine supply agreements
  • Gas storage scheme under FIDIC yellow Book – issues of fitness for purpose
  • Design, Build and Operate sewerage treatment scheme with alleged defects including increased maintenance costs
  • The High Luminosity Project for the Hadron Collider, Switzerland.
  • Balance of Plant contract with performance issues in MENA Region
  • EPC contracts for waste to energy schemes with performance issues
  • PPP waste water scheme with design of plant and equipment issues
  • A series of litigations and adjudications arising out of a programme of water infrastructure works under a framework agreement
  • A number of road projects across Eastern Europe and the UK inc on FIDIC pink Book
  • Metro rail project in Europe
  • DBFO PPP project for major roads works in UK
  • Roads maintenance agreement in UK
  • FIDIC Pink Book roads projects in Eastern Europe
  • NEC contract for construction of major rail hub in UK
  • Airport terminal buildings in contracts across MENA region
  • Hospital and school PPP contracts in UK involving contract interpretation issues at SPV and sub-contractor levels as well as maintenance and operational issues
  • A number of public arenas /sporting stadia engineering contracts and sub contracts in UK
  • National museum and gallery refurbishments and fit outs in UK
  • Building and engineering defects generally, including cladding; steel connections; fireproofing
  • Commercial and mixed use developments involving multi building and fit out contracts including retail; entertainment and office across Europe and MENA region

Energy & Natural Resources


  • EPC contract (FIDIC Silver Book as heavily amended) for major interconnector project with fitness for purpose issues of plant and equipment; rights of access; weather and commissioning issues
  • Major hydro power plant under NEC 3 with issues of ground conditions risk; rights of termination; insurance risk; liability for defects post completion and bond call
  • EPC contract for major wind energy project based on FIDIC (Silver Book); including milestones; delay damages and interface agreements
  • Turbine supply agreement interpretation issues
  • EPC contract for a nuclear power plant in northern Europe with issues of design changes; delays; and impact on price adjustment and cost
  • Gas storage scheme under FIDIC yellow Book – issues of fitness for purpose
  • Design, Build and Operate sewerage treatment scheme with alleged defects including increased maintenance costs
  • EPC Contract for energy recovery facility
  • Balance of Plant contract with performance issues in MENA Region
  • EPC contracts for waste to energy schemes with performance issues
  • PPP waste water scheme with design of plant and equipment issues
  • A series of litigations and adjudications arising out of a programme of water infrastructure works under a framework agreement
  • Waste recycling agreements with issues of out of scope waste
  • Interpretation of joint venture agreement between two oil companies in MENA region and associated construction and service contracts
  • Contract for post trenching operations and backfilling works in Caspian Sea with termination and performance issues
  • Charter of FPSO in South East Asia

Recommendations


‘highly effective, responsible and personable’
‘first-class, razor-sharp legal mind’
‘expert knowledge and excellent professionalism’
‘confidence-inspiring and pragmatic’
‘a popular choice ..as arbitrator and adjudicator in complex energy and construction disputes ‘

Lindy is ranked in Chambers International Arbitrators, Band 1; Who’s Who Legal: Construction 2020 and Who’s Who Legal: Thought Leaders Global Elite 2020- Construction

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

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