Harith Kutubi
Independent Arbitrator
Construction Disputes
Degrees and Memberships
- Civil & Construction Engineer (B.Eng).
- Project Management (MBA).
- Masters - International Commercial and Arbitration Law (LLM).
- Diploma-International Arbitration-Chartered Institute of Arbitrators (DIP. Arb).
- Member of the International Council for Commercial Arbitration - Hague (MICCA).
- Fellow of the Chartered Institute of Arbitrators - London (FCIArb).
Profile Summary
- Independent Arbitrator for construction disputes - International Arbitration.
- Over 30 years experience in projects management, claims and construction disputes.
- Founder and Director of "Construction ARB Ltd. - UK".
- Former Partner - Construction and Arbitration at SLF - Doha, Qatar. (www.sharqlawfirm.com).
- Partner - Construction and Arbitration at AbdelAziz Al Hanee Advocates & Legal Consultancy Advicers Law Firm in Dubai / UAE. (www.alhanaee.com).
- Specialized in construction arbitration disputes (Infrastructure, Construction, Oil and Gas and Utilities projects) .
- Managed multi million USD complex international arbitration construction disputes under the ICC, QICCA, DIAC and LCIA rules and Ad-Hoc arbitration proceedings.
- Practical understanding of the construction projects, the statutory requirements and the parties’ liabilities in accordance with the contract and at law.
- Expert in FIDIC, the particular conditions and other international and local contracts in the Middle East and North Africa.
- Experienced (from engineering and legal prospects) in analysing and understanding the experts reports (structural, delay and quantum) , identifying the issues, the liabilities and the related determinations.
- Skilled in the application of the related articles at law (Common & Civil jurisdictions).
- Fluent in English and Arabic languages.
Arbitration Cases and Relevant Experience
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Appointed by major ME and International construction clients on complex construction arbitrations mainly under DIAC, QICCA, LCIA and the ICC rules.
Expert in dealing with construction arbitration issues such as:
- The liability for the delay in project / milestones completion.
- The liability for structural and quality defects.
- The termination of contract, validity and legality.
- The entitlement for extension of time.
- The entitlement for compensation (prolongation/time related costs, acceleration costs , overheads and loss of profit) .
- The entitlement of the owner / contractor to complete the works at the contractor / subcontractor cost.
- The establishment of the liability for each head of claim/ counterclaim by cause and effect evaluation based on the parties submissions, the contractual terms, the legal grounds, the experts technical reports and the witnesses statements in accordance with the applicable rules and laws.
- The liability under the warranty clauses and at law.
- Any other determination(s) required by the parties submissions.
Expert in arbitration case management with cost efficiency pursuant to the applicable rules and the governing arbitration law.
Expert in award writing with detailed reasoning.
Other Related Experience:
Courts Status-Quo applications & challenges (submitted before or in the due course of the arbitration proceedings).
Any required applications during the arbitration proceedings to the supporting courts under the applicable rules and the governing arbitration law.
Representing clients at ADBs.
Representing clients in construction disputes negotiations and settlement.
Represented and advised clients (pre-arbitration) on the arbitration proceedings commencement terms and requisites.
Construction disputes mediation.
Advice on FIDIC and the particular conditions in accordance with the applicable law.
Construction Litigation Disputes : submissions of technical facts and analyses reports (Delay, structural and Quantum) to the court appointed experts.