Alexander Burrell

Alexander is regularly instructed in construction disputes, both led and as sole counsel, in proceedings in the Technology and Construction Court (TCC), in international arbitration (ICC, DIFC-LCIA, ADCCAC, DIAC, ad-hoc) and in adjudication. 

These cases include a wide range of technically complex construction disputes, including energy projects, infrastructure projects and residential and commercial building projects (including shopping centres, luxury hotels and large mixed-use developments). Alexander has extensive experience cross-examining experts in both court and arbitration proceedings concerned with these disputes. 

Cases of note:

• Secretary of State for Levelling Up, Homes and Communities v Grey GR Limited Partnership – Chocolate Box (FTT, 14 May 2024) – Led by Kerry Bretherton KC, Alexander represented the applicant in its claim for a Remediation Order (“RO”) under section 123 of the Building Safety Act 2022, successfully obtaining a RO, in heavily contested proceedings. In its judgment, the FTT set out important detailed guidance relevant to the making of ROs, in this new jurisdiction. Alexander was also instructed (led by Kerry Bretherton KC) in various other applications for ROs between the same parties, which resulted in the respondent conceding to a RO, following the result in Chocolate Box, including concerning the buildings Bracken House and Fearn Island Mills.
• Secretary of State for Housing, Communities and Local Government – RCO Cases Ongoing – Alexander is currently instructed (as junior counsel) in three different applications brought by the SoS against various different parties, for Remediation Contribution Orders (“RCO”) under section 124 of the Building Safety Act 2022, these are the first applications for RCOs brought by the Government.
• Contractor v Employer – Instructed, led by Adam Robb KC, and together with a team of 39 Essex Chambers counsel, for the claimants in an arbitration claim worth over USD 1.4 billion arising out of a large infrastructure project.
• Panther Real Estate Development LLC v Modern Executive Systems Contracting LLC CA-016-2022 12 May 2023- Represented as sole counsel the appellant, in a two-day appeal before the DIFC’s Court of Appeal, the case involved 10 grounds of appeal (5 for each party) on various complex legal issues, in particular relating to EOT notification conditions precedent and the prevention principle, setting DIFC law precedent with wide implications for DIFC construction and contract law.
  Judgment
• Panther Real Estate Development LLC v Modern Executive Systems Contracting LLC TCD 003/2019 26 September 2022 - Represented as sole counsel the defendant, in what was the first ever construction trial in the DIFC Court’s TCD, with DIFC governing law. The case involved a significant number of complex factual disputes and it sets DIFC law precedent on numerous construction law points, including the legal impact of the contents of termination notices, the ability to pursue both general damages and liquidated damages for delay, and EOT notification conditions precedent.
  Judgment
• Contractor v Employer - Acted as sole counsel for a major real estate developer in emergency arbitration proceedings, securing the dismissal of an application brought by the main contractor, requesting a variety of injunctive relief relating to the encashment of bonds in the value of $12.25m after the contract had been terminated (DIFC-LCIA). 
• Subcontractor v Contractor - Acted as sole counsel for a multi-national contractor in a Geneva-seated arbitration valued at over $32.4m, in respect of a dispute over substructure works for a project which had been planned to be one of the 10 highest buildings in the world (ICC). 
• Subcontractor v Employer - Acted as sole counsel for a major regional contractor, in respect of a multi-million-dollar dispute concerning fit-out works for a luxury hotel on the Palm Jumeirah, obtaining a declaration of unlawful termination, and succeeding in respect of three separate expert disciplines (delay, quantum and technical) (ICC). 
• Subcontractor v Main Contractor - Acting as sole counsel for a multi-national steel contractor in an ongoing arbitration against a multi-national main contractor, arising out of a large shopping centre development, with a combined dispute value around $30m (DIAC).
• Employer v Contractor - Acted as sole counsel for a well-known international developer in interim proceedings in an effort to secure the removal of a contractor from the site following its termination, following the successful dismissal of the contractor’s jurisdictional challenge (DIAC).

Alexander’s practice covers all aspects of commercial litigation, including commercial contractual disputes, commercial fraud, banking and finance and insolvency.

Alexander’s recent cases include representing HMRC in the Chancery Division in enforcement proceedings concerned with VAT fraud, representing a licensed premises in urgent High Court injunctive proceedings against an energy company following the disconnection of energy supply (settled during the injunction hearing), representing an international bank in proceedings against various companies and their guarantors, and representing an individual in the DIFC Court regarding a claim for $12m for failure to list on the stock market.

Cases of note:

• Confidential Arbitration (2024) – Acted as sole counsel in contested DIAC arbitration proceedings concerning a claim for termination due to material breach of contract in a commercial contract dispute with a contested value of USD 3.4m.
• Select Properties (London) Limited v (1) Bluebell Associates Limited (2) Vincent Lebeouf (2024) (ChD) – Acted as sole counsel for the applicant in contested proceedings, successfully obtaining freezing orders for a sum of £1m against both defendants. 
• Confidential Arbitration (2023) – Instructed as sole counsel to draft arbitration pleadings in an India-seated ad hoc arbitration concerned with the termination of two contracts for supply of goods and services, with a sum of over $250m in dispute. 
• Dr. Othman Abdullah O Alswayeh v GII Islamic REIT (CEIC) Limited CFI 025/2022 31 August 2022 (also 07 November 2022) - Successfully acted as sole counsel for the claimant in respect of its $12m claim concerning a failure to list on the stock market in relation to a sale agreement concerning property and shares, securing dismissal of the defendant’s jurisdictional challenge and subsequent application to set aside default judgment. Judgment
• Rada Trading LLC FZC v (1) Wealth Bridge Trading Crude Oil And Refined Products Abroad LLC (2) Cohenrich Energy FZE CA 007/2021 07 September 2021 - Successfully acted as sole counsel for the second defendant, before the DIFC Court of Appeal, successfully overturning the Court of First Instance’s judgment striking out of the company’s $938k counterclaim. Judgment
• Rada Trading LLC FZC v (1) Wealth Bridge Trading Crude Oil And Refined Products Abroad LLC (2) Cohenrich Energy FZE CFI 112/2020 11 April 2021 - Successfully acted as sole counsel for both defendants in an $8.1m claim arising out of alleged misrepresentation and deceit in respect of a contract for the supply of various oil products, successfully obtaining the strike out of the claim against both defendants. Judgment
• Purchaser v Developer - Successfully acted as sole counsel for a major real estate developer in Dubai seated arbitration proceedings regarding a sale-purchase contract dispute in the UAE, obtaining the dismissal of the $3.4m claim and award on counterclaim in the sum of circa $690k, after the matter had to be reissued by the purchaser following the earlier successful dismissal of the case on jurisdictional grounds (DIAC).
• Owner v Purchaser - Acted as sole counsel for a commercial entity as claimant in respect of an international dispute concerning the sale of a petro-chemical plant, where the combined value in dispute exceeded $68m. The parties settled after the claimant’s reply pleadings and response to joinder pleadings (ICC).

Alexander has experience in a variety of property disputes, including commercial landlord and tenant and real property disputes. Alexander’s landlord and tenant work includes breach of covenant, possession and forfeiture.  Alexander’s real property work includes cases concerning restrictive covenants, trusts of land, proprietary estoppel, mortgages and orders for sale. 

More recently, Alexander has significant experience of cases involving fire safety and the Building Safety Act 2022. This has included representing the Secretary of State for Levelling Up, Homes and Communities in some of its first applications for Remediation Orders (“RO”) and Remediation Contribution Orders (“RCO”).

Cases of note:

• Secretary of State for Levelling Up, Homes and Communities v Grey GR Limited Partnership – Chocolate Box (FTT, 14 May 2024) – Led by Kerry Bretherton KC, Alexander represented the applicant in its claim for a RO under section 123 of the Building Safety Act 2022, successfully obtaining a RO, in heavily contested proceedings. In its judgment, the FTT set out important detailed guidance relevant to the making of ROs in this new jurisdiction. Alexander was also instructed (led by Kerry Bretherton KC) in various other applications for ROs between the same parties, which resulted in the respondent conceding to a RO, following the result in Chocolate Box, including in respect of the buildings Bracken House and Fearn Island Mills.
• Secretary of State for Housing, Communities and Local Government – RCO Cases Ongoing – Alexander is currently instructed (as junior counsel) in three different applications brought by the SoS against various different parties, for RCOs under section 124 of the Building Safety Act 2022, these are the first applications for RCOs brought by the Government.

Alexander acts regularly in the energy sector, frequently advising and representing both energy suppliers and consumers, often in High Court proceedings. Alexander also provides advice on energy regulation and on climate change related legislation.