City infrastructure with orange colour overlay

Dispute Resolution and Termination

This module highlights the specific practical matters that can arise in the context of a JV dispute involving a mega infrastructure project and outlines key areas that a JV Agreement should cover in successfully mitigating against disputes and deadlocks.

Parties must focus not only on the formation of a joint venture but pay equal attention to how to deal with possible disputes and consider their exit strategy. This is a difficult discussion to have at the start of a commercial relationship, but one that needs to be addressed in detail upfront.

This module examines the various options available for dispute resolution and what should happen in the event of termination.

Stephen Fox CBE

CEO, BAM Nuttall

Using a Dispute Avoidance Board on complex mega infrastructure projects allows the JV and other parties to agree early resolution of disagreements before they become full blown disputes

Key Considerations

  • Understand the varied nature of JV disputes
  • Use a multi-tiered dispute resolution scheme
  • Use a Disputes Avoidance Board
  • Consider international arbitration as the final dispute resolution option
  • Understand the JVs obligations towards its counterparties
  • Impact of termination of a JV Agreement for a pre-bid JV Agreement
  • Consider consequences of termination of a JV Agreement
Lewis Dean

Dr. Dean Lewis

Partner

Our experience suggests that a failure to consider appropriate exit strategies puts JV partners at risk of a prolonged dispute resolution and a higher exposure under the project underlying agreements.

Meet the team

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Bernard Ang

Partner

Bernard specialises in infrastructure transactional projects.

Ang Bernard
Isabelle Chan

Senior Associate

Isabelle is a Senior Associate specialising in energy, infrastructure and hotel projects.

Chan Isabelle
Joanna Seetoh

Partner, Pinsent Masons MPillay

Joanna is a Singapore-qualified dispute resolution lawyer with ten years' experience in commercial litigation, advisory and arbitration work.

Seetoh Joanna
Mohammed Talib

Senior Associate

Mohammed is a construction and engineering lawyer and has acted in a wide range of construction disputes.

Talib Mohammed
Shy Jackson

Partner

Shy's practice covers project advice and dispute resolution and he has advised on UK and international infrastructure projects under various construction standard forms of contract, including NEC, JCT and FIDIC.

Jackson Shy_November 2019
Sofía Parra

Partner

Sofía Parra is a Partner of the Construction Advisory & Disputes (CAD) area of Pinsent Masons, currently based in Madrid. She is specialised in Energy and Infrastructure projects, with 16 years experience advising on all phases of a project: contract drafting and negotiation, project support during the execution stage and dispute resolution.

Parra-Martinez Sofia

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