International Construction Arbitration: Protecting the Client’s Interests in an Amount Exceeding EUR 30 Million

REVERA provided comprehensive legal support to a major company implementing turnkey projects in the mining and metallurgical as well as mining industries in the CIS and beyond, within the framework of a dispute before the International Arbitration Court at the Belarusian Chamber of Commerce and Industry (IAC at the BCCI) against a major customer, a resident of Uzbekistan.

A project with an implementation value exceeding EUR 300 million became the subject of a dispute in an amount exceeding EUR 30 million. The case was considered under Uzbek law, while the seat of arbitration was Minsk, which immediately created a number of cross-border and conflict-of-laws challenges.

The complexity of the case lay in:

• the substantial financial interests of the parties;
• the specific nature of the industry and the turnkey contractual obligations;
• the risks associated with the recognition of the arbitral award in other jurisdictions.

The combination of these factors required the REVERA team to develop a detailed and flexible strategy capable of simultaneously taking into account national and international legal standards, as well as the specific commercial interests of the client.

Key stages and solutions provided by REVERA:

• Developing a strategy for protecting the client’s interests at the pre-arbitration stage, including the preparation of claim documentation and a comprehensive risk analysis;
• Advising on the arbitration proceedings, including the preparation and presentation of the client’s position before the IAC at the BCCI;
• Conducting negotiations and assisting in the conclusion of an amicable settlement enabling the client’s interests to be protected as effectively as possible and the dispute to be resolved on favourable terms;
• Concluding an amicable settlement, including with due regard to the bankruptcy proceedings of one of the parties to the dispute;
• Coordinating legal actions with due regard to the cross-border nature of the project and a comprehensive assessment of the financial, commercial and legal risks.

Result for the client:

Thanks to the work of REVERA’s lawyers:

• the dispute was resolved without protracted arbitration proceedings;
• the client’s rights and interests were protected to the fullest extent possible;
• financial and reputational risks were minimised;
• a commercially advantageous outcome was achieved.

Why clients choose REVERA:

We specialise in cross-border disputes (including construction disputes), international arbitration and complex turnkey projects. Our experience enables us to protect clients’ interests both at the negotiation stage and in arbitration proceedings, securing results without unnecessary expenditure of time and resources.

Contact us to discuss how we can protect your company’s interests in international disputes.

Author: Aliaksei Fedarovich