Melissa Shipley

Year of call:
2011
Email:
melissa.shipley@39essex.com

Clerks:
+44 (0)20 7832 1111

Melissa specialises in construction law and international arbitration.

Her experience spans litigation, arbitration, adjudication, mediation and dispute board proceedings. She regularly acts as sole counsel in a wide range of technically complex construction sectors domestically and internationally: energy (including oil and gas, hydroelectric plants and solar power plants); infrastructure (including roads, bridges and rail); residential and commercial building projects (including ultra-prime developments, hotels, shopping centres and residential schemes); and large-scale PFI projects, amongst other sectors.

Melissa has a wide-ranging international practice: the disputes she has worked on recently involve projects in the Middle East, the Far East, the Caribbean, South America, Mainland Europe and Africa. She is also regularly involved in high-value, legally complex domestic disputes.

Construction


Examples of Melissa’s recent work include:

  • Acting for an EPC contractor in a dispute (with a value in excess of €500 million) concerning the construction of a large hydroelectric plant in Africa (amended FIDIC Silver Book).
  • Acting as sole counsel for a large M&E subcontractor defending a multi-million pound litigation claim in relation to an ultra-prime residential development in London.
  • Acting for the contractor in a multi-million dollar SIAC arbitration arising out of the rehabilitation, design and construction of a road of national significance in Asia (FIDIC Pink Book).  Issues include delay and extensions of time, early completion, and the enforcement of dispute board decisions.
  • Acting as junior counsel for a Dutch infrastructure contractor in a multi-million Euro delay dispute regarding the construction of the foundations of a production plant.
  • Acting as junior counsel for a co-defendant in a multi-party TCC claim relating to the construction of a retail development in the UK.
  • Advising a power plant contractor in relation to a cUS$300m dispute with its joint venture partner for the construction of a power plant in the Middle East.
  • Acting as junior counsel for Highways England in the TCC in Connect Plus (M25) Ltd v Highways England Co Ltd [2018] EWHC 140 (TCC). This involved the proper interpretation of a £6.2 billion, 30-year PFI contract for the M25 motorway.
  • Acting as junior counsel for the employer in an ICC arbitration concerning a US$500m claim/counterclaim arising out of a Caribbean infrastructure project.
  • Acting for the employer in a multi-million dollar SIAC construction arbitration concerning the construction of commercial premises.
  • Acting and advising as sole counsel in adjudications for contractors and employers, including adjudication enforcement hearings in the TCC. Melissa represented the claimant as sole counsel in its successful application for summary judgment for over £2 million in Breyer Group PLC v Adam Michael Scaffolding Services [2018] EWHC 3959(TCC). Other recent reported enforcement cases include 4MA Ltd (t/a 4M Group) v Nash [2019] 4 WLUK 210 and BM Services Inc Ltd v Greyline Builders Ltd [2018] EWHC 3884 (TCC).
  • Advising contractors and employers in a wide range of international energy and infrastructure disputes. Recently, Melissa has advised on disputes arising out of the construction of solar power plants in the Middle East and South America and the construction of a bridge in Asia.

International Arbitration


International arbitration constitutes a significant proportion of Melissa’s practice. She has particular experience of arbitrations under ICC, SIAC and UNCITRAL rules.

Examples of notable recent work include:

  • Acting for an EPC contractor in a dispute (with a value in excess of €500 million) concerning the construction of a large hydroelectric plant in Africa (FIDIC Silver Book).
  • Acting for the contractor in a multi-million dollar SIAC arbitration arising out of the rehabilitation, design and construction of a road of national significance in Asia (FIDIC Pink Book).  Issues include delay and extensions of time, early completion, and the enforcement of dispute board decisions.
  • Advising a power plant contractor in relation to a cUS$300m dispute with its joint venture partner for the construction of a power plant in the Middle East.
  • Acting as junior counsel for the employer in an ICC arbitration concerning a US$500m claim/counterclaim arising out of a Caribbean infrastructure project.
  • Acting for the employer in a multi-million dollar SIAC construction arbitration concerning the construction of commercial premises.

Commercial


Melissa has a broad commercial practice. Examples of Melissa’s work include:

  • Acting, as junior counsel, in a £23 million action under the Financial Services and Markets Act, arising from regulatory charges brought by the Financial Conduct Authority. Melissa represented the Managing Director of the main operating subsidiary.
  • Being instructed as part of a team acting as a s166 skilled person, appointed by the Financial Conduct Authority, reviewing consequential loss claims following the mis-sale of Interest Rate Hedging Products by a major high street bank.
  • Acting, as sole counsel, for the Financial Ombudsman Service to successfully strike out a claim brought against it for damages.
  • Successfully representing the claimant in a partnership dispute.

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

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