Andrew Noble LLB (Hons) [Manchester] FRICS, FCIArb

Contact details

T:   +44 (0) 845 299 6760
andrewnoble@NobleADR.com
Skype: andrew.noble0860

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Construction law

Mediation, Arbitration, Expert and ADR
(Alternative Dispute Resolution) Appointments

Andrew is experienced in the above dispute resolution roles and accredited by the following professional bodies of which he is a member:

a) Chartered Institute of Arbitrators (Chartered Arbitrator);
b) Bar Council (Mediation – although also appointed as an Expert and as a Chartered Arbitrator by its chairperson);
c) Technology and Construction Court Bar Association (Adjudication, Arbitration, Mediation and Dispute Boards);
d) Chancery Bar Association (Mediation);
e) Property Bar Association (Mediation).

Andrew has also successfully completed the Chartered Institute of Arbitrator’s 9-day residential course at Keble College, Oxford, on international commercial arbitration.

Accordingly, in addition to acting in the capacity of dual capacity lawyer and counsel Andrew is an experienced "Dispute Resolver", in areas within his specialist practice, often selected by the parties, including on an international basis. Some Arbitration and ADR experience includes:

Arbitration
Examples of Andrew’s experience gained over the past 25 years include:
As Counsel
Arbitration 1: Dilapidations and Commercial Arbitration (including allegations of fraudulent misrepresentation etc) in a commercial landlord and tenant setting. Drafted pleadings, advised, successfully appeared as advocate at interlocutory hearings and at 5 a day hearing. Opposition appealed the Arbitrator’s written Award. QC (& very senior barrister) instructed by the Claimant to appeal.  I advised and successfully appeared as advocate (without QCl) in a two-day arbitration appeal before TCC Judge in Salford (HHJ Gilliland QC). 
Arbitration 2: Defects arbitration where I advised settled pleadings and appeared as Advocate;
Arbitration 3: Defects and final account type arbitration where I advised settled pleadings and appeared as Advocate;
International Commercial Arbitration 4: Advised, settled pleadings, and appeared at interlocutory stages before 3 person tribunal in an administered arbitration arising out of a sale and purchase agreement concerning the construction of a large block of flats in Dubai (DIAC) by a sub-developer. Case concerned the lack of provision of infrastructure following the 2007/8 international banking crisis by the master developer;
International Commercial Arbitration 5: Advised and assisted client by appearing at a final hearing before 3 arbitrators concerning an administered construction arbitration (DIAC) involving a high rise development in Dubai Marina and termination by the main contractor;
International Commercial Arbitration 6: Advised and assisted client by appearing before 3 arbitrators concerning an administered construction arbitration (DIAC) involving a low rise development in Dubai following a termination by the Employer;
International Commercial Arbitration 7: Resisting enforcement of an (International) Arbitrator’s Award (I was not involved in the underlying arbitration) at the seat of the arbitration.

As Chartered Arbitrator
Arbitration 1: Ad hoc Appointment as sole Chartered Arbitrator in a real property (compulsory purchase) Arbitration and carried out all duties up to and including the last working day before the five day hearing when the parties settled;

Arbitration 2: CIArb appointment as sole Chartered Arbitrator in a construction professional liability case against a company of structural engineers, where there were allegations of breach of contract and duty. The arbitration settled after I decided in my written award that I had jurisdiction to determine the dispute as a preliminary issue.
Arbitration 3: Ad Hoc appointment as a chartered Arbitrator in two Lloyds of London insurance arbitrations (interpretation of policy wordings) where I conducted the arbitration through the procedural stages, received written submissions from counsel and drafted written Awards. 
Arbitration 4:  Drafting a written Award in relation to my jurisdiction in a case relating to the allegedly competing jurisdiction of the Financial Services Ombudsman in an insurance contract where an arbitration clause also existed.

Mediation
As an accredited mediator, I have acted in many mediations as well as attended the same as counsel. By way of example:
As Counsel
Mediation 1: Dispute involving defective work to commercial premises;
Mediation 2: Architect’s fee involving professional liability cross-claims;
Mediation 3: Multiparty litigation involving defective dwellings involving main contractor and householders (cases dealt with in batches);
Mediation 4&5: Defectively designed and/or constructed dwellings;
Mediation 6: Claims arising out of family provision legislation;
Mediation 7: Professional liability dispute (solicitor);
Mediation 8&9: Conveyancing Disputes (including assisting solicitor concerning a Professional Consultants Certificate under the CML Handbook;
Mediation 10&11: Construction of a Will  

As Mediator
Mediation 1: Defects dispute concerning the quality of main contractor’s works; 
Mediation 2: Dispute between a main contractor and a client;
Dispute 3: Dispute between a bank and a customer;
Dispute 4:  Boundary dispute between neighbours;
Dispute 5: Construction dispute between Third Party sub-contractors and main contractor (litigation initiated by the client against the main contractor)
Dispute 6: International supply dispute involving imported tiles;

Construction Adjudications
As Counsel
Case 1: Assisted Chartered Quantity Surveyors and clients to draft ‘pay less’ notices on two separate projects with a view to resolving disputes between the parties or potential adjudications.
Case 2: Advising and drafting documents in an adjudication claim against a main contractor involving cash flow hardship.
Case 3: Advising main contractor in a dispute with the owner concerning a final account dispute (EOT/LADs and final account (vop and prolongation)
Case 4: Advising in relation to the meaning of s. 105(2)(c)(ii) of the HGCRA 1996
Case 5: Advised and drafted documents in substantial adjudication and separate cross-adjudication involving the same parties in a JCT D&B disputed common law ‘termination’ dispute, including drafting pay-less notices;
Case 6: Enforcement (or resisting enforcement) of adjudication decisions (Advice, Drafting necessary documents and representation in the High Court of Justice TCC): e.g. London TCC (HHJ Thornton QC, Edwards-Stuart J, and Ramsay J), Manchester TCC (HHJ Raynor QC) and Leeds TCC (HHJ Behrens & HHJ Langan QC);
Case 7: Successfully resisting enforcement of an Adjudicator’s decision in favour of a contractor against a Cambridge hotelier (TCC London – Edwards Stuart J);
Case 8: Advising developer concerning previous advice of litigation team concerning a London Adjudication and development including subsequently whether a deception was practiced on the Adjudicator leading to a void hitherto decision;
Case 9: Defending developer for fees claimed by an Architect who had no written contract with client for the provision of architectural services.

As Adjudicator
Some very recent cases include deciding disputes between:

  • A central London café company and the marble countertop supplier and installer;
  • A Main Contractor and a Building owner – Final Account dispute;
  • Main contractor and subcontractor – west coast railway electrification;
  • Subcontractors and a Main Contractors – final account disputes;

Appointments are either ad hoc appointments or by Adjudicator Nominating Bodies on whose panels Andrew is listed (including Tecbar).

Expert Determination
Andrew has been appointed by the Chairman of the Bar Council twice to act as an expert where s/he is stated in a contract to nominate an expert to determine disputes arising between the parties. One property case, in particular, involved a series of developments involving 10 different developers where the very substantial dispute revolved around the overage provisions in the contract. Other expert determination appointments involved:

  • a landlord and tenant dispute;
  • a dispute between an employer (a substantial grain supplier) and a building contractor.

 

Click here to read a PDF with more information about Alternative Dispute Resolution (ADR).

 

Andrew’s Arbitration terms and conditions are available here in PDF form.







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