Josephine Kaiding’s practice focuses on international arbitration and dispute resolution in connection with construction and engineering projects in the global energy and infrastructure sectors. Ms Kaiding has acted on arbitrations under the rules of the major arbitration centres including ADCCAC, DIAC, ICC, LCIA, LCIA-DIFC, SCC and SIAC and has experience of procedural laws of a number of countries including England, Switzerland, Kazakhstan and the United Arab Emirates.

As a trainee solicitor, Ms Kaiding was seconded to the disputes team of the Middle East branch of one of the largest oil companies in the world where she worked on disputes related to EPC Contracts and Service Agreements.

Ms Kaiding’s expertise includes the instruction of technical experts, advising on matters relating to performance bonds (including the URDG 758) and arbitrators’ conflicts of interest and duties of disclosure under English law and the IBA Guidelines on Conflicts of Interest in International Arbitration.

Representative Work

  • acting for an independent oil company in a DIAC arbitration seated in Switzerland arising from the termination of an EPC Contract for a project in Iraq involving design obligations
  • advising the employer and instructing technical expert on gross negligence claims in respect of a drilling contract
  • advising the employer on a liquidated damages claim subject to SIAC arbitration for delays under a service agreement relating to a project in Iraq
  • acting for the employer in court proceedings to lift an injunction, ordering a bank to suspend execution of an on-demand performance bond
  • advising a Middle East government on claims for delay and defects in a construction project
  • acting for a contractor in a DIFC-LCIA arbitration in relation to the termination of a joint venture agreement for an airport project in the Middle East
  • acting for a leading international contractor in a DIFC-LCIA arbitration concerning a dispute in relation to the MEP works on a major international airport project
  • acting for a major construction company on proceedings in the Dubai International Financial Centre Courts relating to the enforcement of a arbitral award rendered under the DIFC-LCIA Rules
  • advising a major international EPC contractor on high-value quantum and delay disputes arising from complex design changes to the construction of a new airport terminal under a contract governed by UAE law with an ADCCAC arbitration clause providing for an Abu Dhabi seat
  • advising a contractor on a dispute relating to a US$ 1.3 billion construction project in Kazakhstan which raised issues of misrepresentation