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Portrait ofJay Randhawa

Jay Randhawa

Legal Director

Contact
CMS Cameron McKenna Nabarro Olswang LLP
Cannon Place
78 Cannon Street
London
EC4N 6AF
United Kingdom
Languages English

Jay is a dual-qualified Legal Director in the Infrastructure, Construction and Energy Disputes team who is recognised as a ‘Future Leader’ and ‘Global Elite Thought leader – Under 45’ by Who’s Who Legal (Construction & Arbitration) and a ‘Rising Star’ by Legal 500. 

Jay has a depth of international experience, having worked in the Middle East, England, Australia and South-East Asia advising on complex disputes in the construction, engineering, infrastructure and energy sectors, including both commercial and public international law matters. His sector expertise spans projects in more than 27 different jurisdictions across the Middle East, Asia, Africa, Europe and North & Central America, including infrastructure projects, oil and gas facilities, chemical and power plants, rail and other transport projects. 

Jay specialises in supporting client through the project delivery phase to manage risk and avoid disputes, whilst also representing clients in high-value international arbitrations both under English and local laws, including proceedings subject to ICSID, LCIA, ICC, SIAC, UNCITRAL, SCCA and DIAC rules for international arbitration.

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"Jay is a superb lawyer with a keen eye for detail who knows how to handle cases successfully."

Who’s Who Legal Construction, 2023

"Rising Star"

Legal 500, 2023 & 2024

"An excellent lawyer, who always delivers up-to-date and pragmatic advice on complex construction matters."

Who's Who Legal, 2023

"Global Elite Thought Leader – Construction Under 45"

Who's Who Legal, 2023

"Future Leader"

Who's Who Legal Arbitration, 2022, 2023 & 2024

"Future Leader (Most Highly Regarded)"

Who's Who Legal Construction, 2021, 2022 & 2023

Relevant experience

  • A Japanese contractor on multiple ICC and UNCITRAL arbitration proceedings in relation to a dispute valued at more than US$1.1bn arising in connection with the design and construction of a US$7bn refinery and processing facility in the Kingdom of Saudi Arabia. 
  • A joint-venture of European contractors on multiple ICC and DIAC arbitration proceedings arising from multiple subcontractor disputes, a joint venture dispute and a dispute with the state-owned Employer on a $3bn infrastructure project in the United Arab Emirates. 
  • A North American engineering consultancy in relation to an ICC arbitration in connection with the design of a US$10bn infrastructure project in the Kingdom of Saudi Arabia. 
  • A UK-based engineering consultancy in relation to a dispute arising in connection with design and engineering services carried out for a US$10bn infrastructure project in the Kingdom of Saudi Arabia. 
  • A Japanese contractor in relation to multi-party ICC arbitration proceedings concerning the construction of a waste management facility in the Kingdom of Saudi Arabia.
  • A European design consultant in ICC arbitration proceedings arising in connection with the design and construction of a US$1.5bn infrastructure project in Qatar. 
  • A Japanese contractor in relation to claims concerning delay, disruption and procurement failures concerning the construction of a US$3bn refinery project in the United Arab Emirates.
  • An oil major in relation to multiple ICC and DIAC arbitration proceedings in relation the construction of onshore processing facilities and a pipeline for a multi-billion dollar oil & gas project in Iraq. 
  • A European offshore contractor in SIAC arbitration proceedings concerning dredging and reclamation works carried out for the construction of a power plant project in Malaysia. 
  • A European offshore contractor in a AUD$150m ICC arbitration in connection with the construction of offshore facilities for a AU$15bn LNG project in Australia. 
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Memberships & Roles

  • London Co-Chair of Construction (Young International Construction Practitioners)
  • Member, Society of Construction Law
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Publications

  • The Resolution of Construction Claims through Investor-State Dispute Settlement: Alternative Opportunities for Relief for International Contractors – International Construction Law Review [2019] ICLR 255
  • Construction Claims and ICSID Arbitration: The characterisation of international construction disputes as a violation of investor protections – CMS Global Infrastructure, Construction & Energy Digest (2017)
  • Legal Update on Contractual Obligations of Good Faith - Civil Engineering Surveyor, Journal of the Chartered Institution of Civil Engineering Surveyors (2016)
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Education

  • 2022 – Admitted as a Solicitor of the Supreme Court of England & Wales
  • 2014 – Admitted as a Solicitor of the Supreme Court of NSW, Australia
  • 2014 – Graduate Diploma of Legal Practice, College of Law, Sydney
  • 2013 – Bachelor of Laws/Bachelor of Arts: Politics, University of Notre Dame Australia, Sydney
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Feed

28/06/2021
Building Voices
Welcome to the ICE Disputes podcast series, 'Building Voices'. The CMS ICE Disputes team has launched a new podcast series, Building Voices. Building Voices is a new podcast series that focuses on the...
27/04/2021
Joinder of third-parties to arbitration proceedings: High Court of Singapore...
In a recent decision, the High Court of Singapore has held that a third-party parent company of one the parties to a Singapore-seated LCIA arbitration had not consented to being joined to the arbitration...
09/09/2020
Investment Treaty Claims in the Construction Sector
CMS and Twenty Essex are proud to jointly present this Webinar to explore the use of Investor-State Dispute Resolution in the construction industry. Please join our esteemed panel for a discussion on...
07/08/2020
Treaty claims for cancelled or modified infrastructure projects in the...
A recent ICSID tribunal has denied an investor’s claim concerning the development of an airport project in Latvia. The investor was unable to proceed with the construction of its project due to numerous...
27/11/2019
Investment arbitration and construction contracts: jurisdiction over ancillary...
A recent ICSID tribunal has upheld jurisdiction over a dispute concerning an alleged settlement agreement arising from contractor claims on a major infrastructure project in the Republic of Mozambique...
11/10/2019
Quantum meruit claims after termination: a changing of the tide?
A decision of the Hight Court of Australia earlier this week has held that restitutionary claims on a quantum meruit (i.e. reasonable price) basis by contractors after the termination of a construction...
21/11/2018
Liquidated damages and renewables projects
A Commercial Court decision earlier this month has considered a number of significant issues surrounding the application of liquidated damages for delay in a renewables context. In addition to upholding...
19/11/2018
Oil and Gas: Protecting LNG project and feed-gas supply from State interference
A recent award rendered by a tribunal acting under the auspices of ICSID, the World Bank’s arbitration institution, in Union Fenosa Gas S.A. v Arab Republic of Egypt, provides further guidance for companies...
15/02/2018
Construction Act adjudication on power generation projects: new TCC guidance
A decision of the TCC last week has provided important clarification as to the extent to which the power generation exemption in the Construction Act applies to adjudication proceedings under hybrid contracts...
24/02/2017
Employer claims for costs saved in breach of contract
A recent TCC decision has accepted in principle the ability of an Employer to claim for the costs saved by a Contractor in connection with defective work, irrespective of the need for remedial work. This...
22/02/2017
TCC guidance on representative defect claims
A recent TCC decision has provided guidance on the bringing of representative defect claims based on sample evidence and expert statistical analysis. This appears to be the first time the TCC has considered...