Thembela Ndwandwe

• Advising a leading UAE-based contractor in relation to a merits analysis of its numerous claims against an employer in the Kingdom of Saudi Arabia arising out of a contract for the construction of several skywalk bridges, where the contract was in the form of a FIDIC Red Book (1999), and in related emergency arbitration proceedings regarding precautionary attachment of project bonds.
• Advising a major international oil and gas company in relation to claims against its EPC Contractor relating to an LNG project in Australia, including ICC arbitration proceedings and settlement.
• Advising a major international oil and gas company in relation to claims against a coating products supplier relating to an LNG project in Australia, including court proceedings in Australia.
• Advising a leading UAE-based contractor in ad hoc arbitration proceedings against the owner of a mixed-use building in Dubai relating to several heads of claim for damages arising out of delay and disruption.
• Advising a UAE state-owned employer on the strength and merits of claims submitted by its EPC contractors, and the employer’s counterclaims, under multiple bespoke EPC agreements relating to industrial plant project in the UAE.
• Advising a joint venture between leading international EPC contractors regarding their several extension of time and additional payment claims against an Omani energy company, as well as that company’s counterclaims, arising from an EPC contract for a major refinery project in Oman.
• Advising a major international oil and gas company in relation to numerous claims against its EPCM contractor relating to an oil and gas project in Kazakhstan, including risks and strategies for negotiation and potential arbitration.
• Advising a UAE state-owned employer on a peer review of an assessment of an EOT and prolongation costs claim relating to a major project in the UAE.
• Advising an EPC contractor in relation to claims against its employer in Myanmar arising under a bespoke agreement for the design, manufacturing, testing, delivering, installation and commissioning of gas turbines and gas turbine generators for the rehabilitation of a gas-fired power station.
• Advising a major international airport owner and operator regarding its regulatory pricing and licensing review proceedings, including consideration of potential impacts of on its rollout of future capital projects.
• Advising an international NGO regarding updating its construction contract template for use in various projects which it intended to rollout in Iraq.
• *Advising an EPC contractor on a concentrated solar power project in relation to various disputes against its employer with high dispute values, arising from a high-value contract. Also advising the same EPC contractor in relation to disputes with its earthwork’s subcontractors relating to measurement and valuation of the earthworks and interpreting Technical Specifications under the bespoke agreements and which disputes were the subject of arbitration proceedings.
• *Advising a large UK-headquartered contractor in relation to revising its standard form NEC3 Engineering and Construction Subcontracts to align with the NEC4 Engineering and Construction Subcontract.
• *Advising a design and construction contractor on large and high-profile power station projects relating to various downstream disputes and providing project advisory services in relation to downstream issues.
• *Advising a contractor joint venture in relation to the construction of a high-profile bridge in South Africa with regard to issues of, among other things, Force Majeure, contract securities and termination where the contract was in the form of a FIDIC Red Book (1999 edition).
• *Advising an employer in relation to various disputes arising under its large and high-profile power station projects. These represented large-scale, high value, and critical power projects with great national significance.
• *Advising an employer in relation to disputes arising from its Namibian projects under bespoke and FIDIC suite contracts.
• *Advisign an employer in relation to its dispute with a contractor relating to on-track machine maintenance services contract, which are high value contracts with a high dispute values, and in the form of the NEC3 Term Services Contract.
• *Advising an employer in a dispute against a contractor arising out of an NEC3 Engineering and Construction Contract for the provision of mechanical and piping works, with high contract and dispute values. The matter is very technical and involved vast forensic delay analysis and quantification principles of the NEC3, as amended in the particular contract.

*Lawyer experience prior to joining Freshfields.