Alternative Dispute Resolution
We have a leading Alternative Dispute Resolution (ADR) Group that offers confidential, cost-effective, and timely solutions for resolving disputes outside courtrooms or as required by contracts. We have a proven track record and expertise in various ADR methods, including mediation, conciliation, arbitration, expert determination, and adjudication.
Mediation is a popular and effective dispute resolution method owing to its voluntary nature and ability to preserve important business relationships. Many of our team are Centre for Effective Dispute Resolution (CEDR) accredited mediators, providing industry knowledge and insight. We also regularly act in court-mandated mediations, such as in the construction sector where mediation is increasingly required.
Conciliation is an extremely effective means of resolving construction disputes and we have extensive experience of advising parties involved in conciliations under all procedures, including Public Works Contract (PWC), Royal Institute of Architect of Ireland (RIAI) and Engineers Ireland (EI).
We regularly act in high-value, multi-party and complex cross-jurisdictional arbitrations and our expertise spans a wide range of industries and sectors.
On the domestic side, we regularly advise on arbitrations arising from construction disputes, usually following procedures developed by Irish professional bodies such as the Royal Institute of the Architects of Ireland or Engineers Ireland.
Our International Arbitration team has a detailed knowledge and experience of representing clients before the leading arbitral institutions, such as the International Chamber of Commerce, the London Court of International Arbitration and the American Arbitration Association, and in ad hoc arbitrations under the United Nations Commission on International Trade Law (UNCITRAL) and other rules.
As well as advising on arbitrations, we also regularly act for clients in relation to the enforcement of foreign arbitral awards in Ireland.
Our expertise includes advising on expert determination procedures in the real estate and construction sectors, public private partnership agreements, corporate transactions (where issues can arise regarding deferred consideration and earn-outs), and on ad hoc procedures entered into by agreement between parties themselves. We have significant experience in choosing experts and managing the process.
We have extensive experience of advising on both contractual and statutory adjudication under the Construction Contracts Act 2013. Domestic and international clients come to us for advice on statutory adjudication processes under all forms of construction contract as well as contractual adjudication processes under other forms of contract including public private partnership agreements. We also have significant experience in advising on dispute adjudication boards, such as included in FIDIC forms of contract.
- Acted for an international airline in successfully defending a multi million euro payment dispute relating to its new operating facilities,
- Acted for a global pharmaceutical company in successfully defending a multi million euro final account dispute relating to its manufacturing facility on jurisdictional grounds and ultimately achieving a favourable settlement
- Acted for an international shipping company in successfully defending statutory adjudication proceedings relating to the construction of its new global headquarters.
- Acted for multiple project companies as claimants in statutory adjudication proceedings under PPP contracts, including in respect of road and healthcare infrastructure.
- Acted for an international fund as claimant in securing one of the largest awards in the State for termination damages under a statutory adjudication procedure.
- Acted for a healthcare investment firm in a complex multi party mediation process relating to a major portfolio of healthcare infrastructure.
- Acted for a range of claimants and defendants in conciliations relating to construction defects across the energy and leisure sectors.
- Acted for a global technology business as the successful claimant in a multi-million euro expert determination relating to the development of its Dublin headquarters.
- Acted for CRH in an ICC arbitration seated in Paris in respect of a joint venture dispute with the Portuguese conglomerate, Semapa resulting in the sale and purchase of CRH’s equity shareholding for €574 million
- Acted for Tamoin in an ICC arbitration seated in Madrid involving a dispute over the erection of a power station in Ireland