Taner has worked on numerous road projects with both Employers (branches of Government of Romania, Serbia and Georgia) and International Contractors as set out below:
Acting for the Contractor in relation to ICC arbitration proceedings concerning a road project under a heavily amended FIDIC 4th edition Red Book. The claim involves delay, disruption, acceleration and material escalation and has been referred to ICC arbitration. The value of the claim is in excess of €15 million.
Taner acted for the government Employer, the Georgian Roads Department, advising on three separate matters. The first was a road project constructed by an Italian contractor. Taner advised on how best to present the claim in DAB proceedings, drafted pleadings and then drafted a settlement agreement as the parties settled the claim. The second two matters involved advising on the termination of two separate contracts against Chinese and Ukranian contractors.
Taner was also instructed to act for an Italian International Contractor against the roads department in relation to a complex dispute that was referred to DAB and then ICC Arbitration.
Acting for the Employer (Respondent) in relation to ICC arbitration proceedings concerning a road project under an amended FIDIC 4th edition Red Book. Corbett & Co.’s involvement was limited to providing early tactical advice.
Acting for the Employer (Respondent) in relation to ICC proceedings concerning a road project under an amended FIDIC Red Book 1999. The value of the claim was €21 million. The Contractor sought a partial final award in the proceedings to enforce the DAB’s ‘binding’ DAB decisions. Taner appeared as sole counsel at this hearing.
Acting for the Employer (Respondent) in relation to the construction of a dual carriageway by an international contractor in Romania under the FIDIC Red Book 1999. This case has involved 5 DAB Referrals in which the Claimant claimed €29 million and three subsequent ICC arbitrations. The disputes involved: (1) claims for delay and disruption costs; (2) the termination of contract; (3) and Employer’s claim for defective works. The value of the dispute in arbitration exceeds €32m. There have already been complex jurisdiction arguments and there are likely to be further jurisdiction arguments. The Contractor sought enforcement of ‘binding’ DAB decisions in arbitration.
Acted for the Employer (Respondent) in a project under a FIDIC Red Book 1999. This road Rehabilitation project concerned a motorway in Romania. The Contractor referred a complicated delay and disruption claim to the DAB. The value of the claim was €12,638,604.31 plus interest of €2,721,417.35.
Advising the Employer (Respondent) in relation to the termination of a FIDIC 1999 Yellow book. This road project related to the construction of a motorway in Romania. Works value before Variation was approximately €59m.
Acting for a Portuguese joint venture in relation to a claim for delay and disruption on a new motorway project in Poland. The contract was a FIDIC 4th edition and the ICC arbitration was conducted in Warsaw under Polish law. The contract value was €68.5 million with a claim for over €40 million. Issues of cross-border insolvency and jurisdiction arose during the arbitration.
Acting for the Employer in relation to a c. €16m road project under the FIDIC 2005 Pink Book. The contractor has brought multiple claims in front of the DB and Taner has acted as sole counsel representing the Employer at hearings. The claims included disputes about the proper valuation of variations and prolongation arising from the variations, and complex extension of time claims.
Again instructed by the Employer to represent the Government under FIDIC 2005 Pink Book in relation to a €33m contract. There were 4 principal disputes. The first two disputes related to the Contractor’s entitlement to extension of time and additional payment. The third and fourth disputes related to the Contractor’s disputed entitlement to the value of Variations carried out and in particular the proper interpretation of the valuation provision at Sub-Clause 12.3. Taner was the sole advocate at the DAB hearing.
Acted for the Government against a multi-national joint venture consisting of well-known French and South African contractors. The dispute, worth €70 million, concerned the termination of a major EDF road rehabilitation project in Uganda, governed by the EDF standard conditions of contract (similar to FIDIC). The project was financed by the European Development Fund.