Spotlight on James Doe

Your specialism is construction disputes, with a particular focus on international arbitrations involving major infrastructure and engineering projects. What global trends are you currently seeing?

As construction and engineering projects have grown far larger in terms of scale, complexity and financial value, the resulting disputes have too.  A related consequence is that the participants in these giga-projects come from multiple jurisdictions and across different continents, which might include the developers, investors and financiers, architects, engineers and contractors. The globalised nature of these projects can give rise to disputes due to unresolved differences in expectations. This might involve divergent styles of project and contract management, pricing, contract interpretation, quality control methods, progress reporting and scheduling.  As international construction lawyers, it's our job to help our clients overcome these challenges, providing guidance and support throughout the entire project life cycle (as opposed to just in the international arbitrations that frequently arise from these projects).

As someone who has worked across various regions, including the Middle East and Asia, how has your international experience complimented your practice?

There are two parts to this. Firstly, it is important to find a common goal between the parties, as this helps to establish trust and foster a collaborative environment. When all stakeholders are aligned from an early stage, it encourages everyone to navigate challenges and make decisions that are in the best interest of the project as a whole. Having said that, one must be careful not to be too informal with the project processes. It is essential to keep written records of everything and in as much detail as possible. This is easier said than done, but written records providing contemporaneous detail such as costs incurred, causes of delay and justifications for decisions made in relation to the project can often help resolve misunderstandings when the parties would otherwise be squaring up for a dispute, and instead encourage a settlement.

You have been recognised by leading legal directories for your expertise. What advice would you give to lawyers aspiring to specialise in international construction disputes? 

Construction is a true specialism, and you will be rewarded if you dedicate yourself to it. There are often very technical issues involved in construction disputes, and complicated engineering structures such as gas turbines, wind farms and subsea pipelines. It is important to emphasise that you don't need to be an engineer or a physicist to be a successful construction and engineering lawyer, although common sense, natural curiosity and a general interest in engineering and technology are extremely helpful. It is never too early to start building your network and profile (through networking platforms liked LinkedIn or otherwise) to strengthen existing connections with clients, lawyers and experts across the globe.

Reflecting on your career so far, what has been the most challenging construction dispute you have worked on, and what lessons did you learn from it?

Reflecting on my career so far, I find that the most challenging construction disputes are not necessarily the most complex in terms of size and technology, but rather those in which there are political and financial stakeholders influencing the decision-making at the project level.  What may seem a reasonable and appropriate way forward at the site level may not necessarily work for those with a better view of the political and commercial objectives of project.  Ultimately, as a lawyer for the project dealing with disputes, you strive to achieve the best outcome possible for the client, so it is important to be clear at all times what the desired outcome actually is.

In addition to a busy practice, you are also the co-head of the Global Construction & Infrastructure Disputes Practice. How do you achieve a healthy work-life balance?

It is difficult sometimes as we all have busy schedules. However, it is essential to learn to take a break and find time for other things when you can.   Working on international project disputes can be and often is very demanding, not least because there is a huge amount of detail involved.  Having the self-awareness to recognise when you need to take time out is essential. Having good time-management also helps you carve out some time for yourself and your family.