The ROAP Construction Finals bring to a close our advanced remote oral advocacy and cross-examination courses, by featuring the most persuasive and skilled participants on each course. The outcome of the finals was determined by a panel of world-class arbitrators consisting of Funke Adekoya SAN (President), to whom the ROAP Construction 2022 edition was dedicated, Alexander Gunning KC and Krista Lee KC.
The winners were: Lucy Preston and expert Can Moroglu for the cross-examination course, and Shi Yin Kim and Rishabh Raheja for the oral submissions course. The other finalists were: Christopher Humby and expert Vasudev Bhagavatula for the cross-examination course, and Anton Garmoza and Thembela Ndwandwe for the oral submissions course.
TRIBUNAL FOR ROAP CONSTRUCTION 2022 FINALS
Funke Adekoya SAN practices as an independent arbitrator. She also provides consultancy and advisory services on arbitration related and other complex commercial litigation. She has over 45 years’ experience in commercial litigation and corporate dispute resolution; and regularly sits as an arbitrator in high value institutional proceedings under the LCIA, LMAA, ICSID and ICC Arbitration Rules. Prior to starting her independent practice, she was founding partner of one of Nigeria’s top tier law firms. In that role she led the counsel team which either acted as co-counsel with or advised foreign counsel in Nigeria-related arbitration proceedings holding offshore. Disputes in which she has been involved either as counsel or arbitrator cover the commercial landscape with special focus on the energy and natural resources, commerce, construction and infrastructure sector; often times based on alleged breaches of in-country investment arrangements, joint ventures agreements, shareholder agreements, financial services agreements and other contractual disputes.
Alex Gunning KC is an advocate specialising in complex, high-value international disputes, predominantly resolved in arbitration. He is acknowledged in the directories for his expertise in cases concerning large energy and offshore construction projects and natural resources. He has been leading counsel in disputes concerning a series of high-profile infrastructure projects, including the Kashagan offshore oilfield project, the Marmaray rail project and the South Stream pipeline. Alex has a particular interest in disputes arising out of the East and South-East Asia region and is the UK representative for the Inter-Pacific Bar Association.
Krista Lee is KC a specialist in engineering, construction, and energy disputes. She is reputed for her “very incisive manner, forthright at putting forward strong opinions, and excellent judgement”. Her engineering background gives her an edge in understanding a range of technical and design issues. She is also very adept at dealing with all forms of delay analysis. Krista is a fellow of the Chartered Institute of Arbitrators and Chartered Arbitrator and is regularly appointed by the ICC and LCIA. As counsel, she has experience of international and domestic arbitration using the ICC, UNCITRAL, LCIA and other ad hoc rules. She has made arbitration applications and appeals to the High Court. Krista has been involved in several high profile projects, including acting for: the contractor in the final account dispute relating to the design of the Burj Khalifa in Dubai; the MOD in a £100m dispute over the nuclear submarine berth in Faslane; the developer of the Durrat Al Bahrain artificial islands; the energy companies in claims concerning the engineering of the UK’s largest offshore windfarm; and the Olympic Delivery Authority. She has worked on projects concerning power stations, wind farms, electrical and gas infrastructure, telecoms, railways, chemical and food processing plants, entertainment venues, factories, shopping centres, housing projects and hotels both in the UK and overseas. Krista has a detailed knowledge of all the major forms of construction/engineering contracts and partnering agreements including JCT, FIDIC, ICE, ACE, IMechE and RIBA. She has a particular interest in NEC3 and NEC4 and was the assistant editor and a major contributing author on Keating on NEC.
FINALISTS
Vasudev Bhagavatula is a Director in Accuracy’s Projects Advisory and Disputes practice in Accuracy’s London office. He has a background in planning and project management working on large construction and infrastructure projects such as Dubai metro rail project. He acts as an expert witness in international arbitrations and as an expert advisor on matters of planning, project controls, delay analysis and extension of time claims on a variety of projects.
Dr. Anton Garmoza is a lawyer specializing in international commercial and investment arbitration. He acts as counsel in arbitration proceedings and also accepts appointments as arbitrator. Prior to starting his own practice he worked as an in-house lawyer and as an associate at two international law firms. As a member of a special task force he also advised the Russian Ministry of Justice in connection with the largest investment treaty arbitration in history and the related litigation proceedings across multiple jurisdictions. He is qualified to practice law in Russia and is admitted to the bar in the State of New York. He is a graduate of New York University (NYU) School of Law and also hold a Ph.D. in Private International Law from the Russian Presidential Academy of National Economy and Public Administration.
Christopher Humby accepts briefs in all areas of commercial law. He has particular experience in construction and engineering disputes as well as domestic and international commercial arbitration. He was an Of Counsel at Quinn Emanuel Urquhart & Sullivan LLP in London prior to commencing at the Independent Bar. Christopher has worked in the commercial litigation and construction departments of top-tier law firms in Australia and the UK since his admission in 2009. Christopher was recognised in Doyle’s Guide in the category of Leading Construction Law Barristers – South Australia, 2023 – Junior Counsel. Christopher was also noted by Legal 500 UK 2021 for International Arbitration and selected as a “Rising Star” by US legal publication Law360 for 2019 in the area of construction. Christopher is a registered adjudicator under the Western Australian Building and Construction Industry (Security of Payment) Act 2021.
Shi Yin Kim is a commercial litigator. Besides shipping and commodity disputes, she routinely acts for clients in a broad spectrum of commercial disputes, including shareholders and company-related disputes, insolvency and employment law. Kim has represented clients in all levels of the Singapore courts as well as in arbitrations under the SIAC, UNCITRAL and SCMA Rules. Kim read law at Singapore Management University on an ASEAN Undergraduate Scholarship awarded by the Singapore Government. She also obtained a second major in International and Asian Studies. Kim graduated Cum Laude (With Distinction). Her academic awards include, Dean List for Meritorious Performance and the Bird & Bird Prize for her research paper on international sales. Kim is also an accomplished mooter. She represented SMU at the 13th Willem C. Vis East International Commercial Arbitration Moot in Hong Kong, where they emerged First Runners-Up. Kim is fluent in English, Mandarin and Malay. She is an advocate and solicitor of the Supreme Court of Singapore.
Can Moroglu is an Associate Partner at GBsqd. He is currently based in GBsqd’s Sydney office where he regularly assist Wendy MacLaughlin in delay matters in international arbitration. He is also engaged as a delay expert in domestic disputes in Australia. Can is a Civil Engineer, specialising in project planning and delay analysis with 17 years of experience in the construction industry. He has extensive experience in construction of large scale and complex projects, preparation and defence of contractual claims and assisting delay experts in arbitrations. Can held consultancy positions with major consultants and project controls positions with international contractors in Kazakhstan, Oman and United Arab Emirates. Can’s experience portfolio includes many prestigious projects, including airports, high rise buildings and infrastructure works. Other project experience includes oil and gas projects, commercial buildings, hospitality projects (hotel construction), high voltage transmission lines, irrigation lines and construction of artificial islands.
Thembela Ndwandwe is an associate in Freshfields’ Global Projects Dispute Practice and is based in the UAE. He is broadly experienced in the energy and infrastructure sectors with both private and public sector experience, including litigation and alternative dispute resolution processes, as well as drafting of construction agreements. He has advised on a broad range of projects within the construction and engineering practice area, including energy, oil and gas, industrial plants, rail and road transport, and commercial property. In doing so, he has worked extensively with various standard form construction contracts, including FIDIC, NEC and JBCC, and various bespoke contract regimes.
Lucy Preston is a managing associate in the International Arbitration team of Orrick London. Her practice focusses on construction and infrastructure disputes, mainly in arbitration, although she has represented clients in mediation, adjudication and court proceedings. Her experience includes arbitrations under most of the major institutional rules (including ICC, LCIA and SIAC). Her practice extends to wider disputes in the energy industry, as well as general commercial disputes. While she is English-law qualified, she has worked on disputes involving a range of substantive and procedural laws, including New York, Miami, Paris, Singapore and Saudi Arabia.
Rishabh Raheja s a Special Associate in the International Arbitration practice of Shearman & Sterling.
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