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Portrait of Jay Randhawa

Jay Randhawa

Senior Associate

CMS Cameron McKenna Nabarro Olswang LLP
Cannon Place
78 Cannon Street
United Kingdom
Languages English

Jay is a dual-qualified Senior Associate in the Infrastructure, Construction and Energy Disputes team. Recognised as a ‘Future Leader‘ by Who’s Who Legal - Construction 2021 & 2022), Jay has practiced in Australia, South-East Asia and England & Wales advising on the avoidance, management and resolution of complex disputes in the construction, engineering, infrastructure and energy sectors, including both commercial and public international law matters.

He has extensive experience working on projects based in more than 25 different jurisdictions across Asia, Africa, Europe, North & Central America and the Middle East with a particular focus on the resolution of technically complex disputes concerning infrastructure projects, oil and gas facilities, chemical and power plants, rail and other transport projects. Jay's experience also includes advising on investor-state arbitration in the construction and infrastructure sectors.

Jay has experience of most major standard forms of contract including FIDIC and NEC, as well as a number of bespoke agreements. Whilst representing clients in high-value international arbitrations both under English and local laws, Jay has had experience acting in proceedings subject to ICSID, LCIA, ICC, SIAC, UNCITRAL and DIAC rules for international arbitration.

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Relevant experience

  • A dispute concerning simultaneous upstream/downstream US$1.1b fee claims for a Japanese contractor in relation to the design and construction of a power plant in the Kingdom of Saudi Arabia. 
  • Multiple ICC and DIAC arbitration proceedings for a joint-venture of European contractors concerning multiple subcontractor disputes, a joint venture dispute and a dispute with the Employer on a $3bn infrastructure project in the United Arab Emirates. 
  • ICSID arbitration proceedings on behalf of a Dutch investor in relation to against the Government of Albania arising out of the Claimant’s investment in a solar PV project. 
  • SIAC arbitration proceedings for a European offshore contractor concerning dredging and reclamation works carried out for the construction of a power plant project in Malaysia. 
  • ICC arbitration proceedings for a European design consultant to defend claims for damages arising from the termination of a contract for the design and construction of a major infrastructure project in Qatar. 
  • A US$50m ICC arbitration for a North American engineering consultancy in relation the design of a major infrastructure project in the Kingdom of Saudi Arabia. 
  • Multiple ICC and DIAC arbitration proceedings for an oil major in relation the construction of onshore processing facilities and a pipeline in Iraq. 
  • A AUD$150m ICC arbitration for a European offshore contractor in relation to the construction of offshore facilities for a major LNG project in Australia. 
  • A dispute for a North American contractor and manufacturer in relation to the construction of a US$1 billion power generation project in Thailand.
  • A dispute for a Japanese contractor in relation to claims concerning delay, disruption and procurement failures concerning the construction of a US$3billion refinery project in the United Arab Emirates.
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Memberships & Roles

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