Lindy Patterson KC

Lindy specialises in international commercial arbitration and dispute boards across the world. She is recognised as a “go to" arbitrator for complex infrastructure, energy and construction disputes in both civil and common law systems.

She also arbitrates on many commercial contract and real estate disputes. 

She is a chartered arbitrator, a member of the London Court of International Arbitration: Abu Dhabi International Arbitration Centre Arbitrator List; Scottish Arbitration Centre and the RICS India Panel.

Since practicing full time as a third party neutral Lindy has been appointed arbitrator in international cases on 49 occasions. Of these she has been chair or sole arbitrator in 20 cases  and emergency arbitrator on one case.  The majority of these appointments have been ICC ; followed by LCIA; DIFC-LCIA ( as was) and DIAC. She has also undertaken arbitration from Netherland Arbitration Centre and has and is ongoing a number of ad hoc arbitration appointments both as sole arbitrator and as chair of a three person tribunal.

Recent Arbitral Appointments include

• President - dispute re EPC Contract for phosphate based fertiliser facility in MENA region (ICC)
• Panel Member- re power purchase agreement for solar farm in Kenya (ICC)
• Panel member - dispute re construction of chemical complex in MENA region (ICC)
• Sole arbitrator in claim for damages for breach of various terms of joint venture/acquisition of company interests in Saudi Arabia (LCIA) seated in London
• President- dispute re dam project in Africa (ICC)
• President - dispute re oil drilling contract subject to Egyptian law seated in Cairo (ICC)
• Panel member - claims from marine structures; dredging and shipyard seated in Menda region (ICC)
• Panel member - re dispute concerning for liquefied natural gas (LNG) terminal in Scandinavia (ICC)
• President in dispute re hotel contracts seated in Oman (ICC)
• Panel member - dispute re warranty claims in company acquisition, seated in London (LCIA)
• President on claims arising from IT systems installation agreement seated in Oman (ICC)
• Panel member in warranty claims under SPA concerning operation of waste treatment and storage facility, seated in London (ICC)
• Panel member disputes re construction and operation of biomass power plant seated in London (ICC)
• Panel member in arbitration re desalination plant (ICC)
• Panel member in disputes concerning Container terminal in major port in North Africa seated in London
• Chair re claims arising from EPC contract for construction of bulk liquid terminal and jet fuel pipeline to one of UAE’s international airports, seated in Singapore (LCIA)
• Sole Arbitrator on disputed ownership of oil, seated in DIFC (DIFC-LCIA)
• Panel member re claims under a concession agreement to operate and maintain a port in an African state (LCIA)
• President - dispute between government body and contractor subject to Romanian law re extension of time and monetary claims from road project, seated in Paris (ICC)
• Chair in Dispute re design of jacket lifting system for removal of off shore platforms/pipeline installation (NAI)
• Chair in disputes re design and construction of cruise ship terminal in the Caribbean, including geotechnical, hydrographic, dredging, civil engineering and environmental issues (LCIA)
• Panel member on claims arising from tourism and residential complex subject to Omani law (ICC)
• Chair on claims for damages arising from alleged wrongful termination of contract re hotel development subject to law of Abu Dhabi seated in Abu Dhabi (ADCACC)
• Panel member 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 (ICC)
• Sole Arbitrator on extent of real estate co-proprietors’ obligations regarding repair and maintenance (non-institutional)
• Panel member - UNCITRAL - breach of contract claim subject to laws of US state
• Chair on claims arising from installation and commissioning of various systems at airport in MENA region (ICC)
• Chair 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)

Lindy is a UK adjudicator and has been for over 20 years. 

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 a member of ICC International Centre for ADR Standing Committee.

She is a member of FIDIC Credentialling Limited, Certification Board (the body established by FIDIC to certify international adjudicators) and their Adjudication Programme Committee Chair.

She is 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.

In the UK, she sits on the following panels: the Technology and Construction Solicitors' Association (TecSA), Royal Institution of Chartered Surveyors (RICS), Royal Institute of British Architects (RIBA). 

She has acted as adjudicator on all standard forms of contract but particularly NEC, FIDIC, JCT 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 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
• Private finance initiative (PFI)/public–private partnership (PPP) disputes
• varying disputes on waste to energy plants, infrastructure framework agreements, wind power, nuclear power and grid connections

Cases of note

• Adjudicator on claims under multiple EPC contracts for waste to energy schemes with performance issues.
• Adjudicator on claims under EPC contracts for major on-shore windfarms based on FIDIC (Silver Book) including milestones, delay damages and interface agreements.
• Adjudicator on disputes re lump sum design and build contract for multi fuel power plant.
• Adjudicator on interpretation issues re process framework contract between utility company and contractor.
• Adjudicator on disputes re availability of energy recovery facility.
• Adjudicator re piling design in harbour expansion project.
• Adjudicator on disputes re installation of power lines for onshore windfarms.

Lindy is an experienced adjudicator, dispute board chair and member. Her experience covers both dispute adjudication boards (DABs) and dispute review boards (DRBs). Her background is as an experienced construction and engineering and energy lawyer for over 30 years. She was the first woman to be appointed to the FIDIC President’s International Adjudicator’s list in 2012.

She operates internationally and within the UK. She is Past President of the Dispute Resolution Board Federation (DRBF) Region 2 and still plays an active role with them.

In 2021, she was appointed to the Standing Committee of the International Centre for ADR of ICC, which assists the ICC in its work with expert and dispute board proceedings worldwide.

She is a member of the FCL Certification Board and Chair of its Adjudication Programme Committee, which certifies dispute board members for inclusion on the FIDIC President’s List.

She is on the Conflict Avoidance Panel administered by the Royal Institution of Chartered Surveyors for the infrastructure company, Transport for London, a Fellow of the International Academy of Construction Lawyers and Chair of Arbitral Appointments Committee (domestic) of the Scottish Arbitration Centre. She is a chartered arbitrator, a member of the London Court of International Arbitration. She is on the following UK lists of adjudicators: TecSA; RICS and RIBA.

She teaches regularly on adjudication and dispute boards. She is co-author of the chapter on dispute boards in GAR Guide to Construction Arbitration Fourth Edition(2021) and a lead reviewer of the Dispute Resolution Board Foundation’s Dispute Board Manual: A Guide to Best Practices and Procedures (published 2019).

Cases of note

• Dispute board chair for five years on a contract based on FIDIC for civils work involved in construction of a nuclear power plant in Scandinavia, including dealing with a major dispute.
• Dispute Board chair on number of standing dispute boards in world leading infrastructure project in MENA region
• Dispute Board chair on turnkey contract for a nuclear power facility in Scandinavia (ICC)
• Dispute board chair on the civils contract for a European metro project based on FIDIC Yellow Book as amended. She has issued nine recommendations on varying disputes to date.
• Dispute adjudication board chair for major infrastructure development in Albania, including offices and residential.
• Dispute adjudication board chair on a roads and tunnel project in Serbia. She has issued six decisions on varying disputes to date.
• Dispute board member and chair on a number of roads projects in Eastern Europe.
• Arbitrator in a number of cases where dispute boards have already issued decisions
• Past member (and legal adviser) of adjudicators’ panel for CERN’s HiLumi civil engineering works at the Hadron Collider in Switzerland.