John Bishop

Overview

John focuses on dispute avoidance and adjudication and international arbitration concentrating on construction, engineering and complex infrastructure projects.  He qualified as a solicitor in England and Wales (1972) and in Hong Kong (1982) but since 2016 he has practised as a full-time dispute resolver.  His practice is international with particular experience of Asia, Africa, Eastern Europe, South America and the Middle East. He was Head of Construction and Engineering, Managing Partner, Senior Partner of Masons, now Pinsent Masons (based in London for 35 years) before moving to become Head of Asia Pacific (based in Hong Kong for 5 years) and later Head of China. (based in Beijing for 9 years). John also worked from the Dubai office for four years. John has been recognised as a construction lawyer at the highest level in all the leading directories since directories were first published and in recent years has also been recognised for his expertise in arbitration and alternative dispute resolution.  Amongst the comments for construction are “The Experts’ Expert”, “One of the world’s pre-eminent construction experts”, “One of the top 30 construction lawyers in the world”, and for arbitration “Bright, very knowledgeable and hardworking with a good overall grip– first class.”

In summary, John’s DB experience includes:

• Head of the English lawyer team for the disputes arising in relation to the Channel Tunnel (often regarded as the first real DB) involving multiple referrals.
• Representing clients in numerous DB proceedings in Asia, Africa and the Middle East over 25 years.
• Chairing a DRB in relation to multiple disputes.
• Chair of DRB for multiple disputes relating to delay, disruption and final account issues for large laboratory complex – UK.
• Chair of DAB for multiple disputes relating to design issues, variation claims, delay and disruption in relation to drainage/ sewage project – Abu Dhabi.
• Chair of DAB in relation to claims for payment and counterclaims for alleged design failings related to metro project – Saudi Arabia.
• Chair of DRB in relation to multiple claims and counterclaims related to refinery project – Kuwait.
• Member of DAB in relation to contractual disputes and delay claims – The Maldives.
• Member of DAB for process plant – Croatia.
• Chair of DAB for multiple claims for variations, in respect of delays and multiple contractual disputes in relation to hydro project in an African country involving 12 separate referrals.
• Lecturing on DBs and Dispute Resolution techniques on numerous occasions in Europe, China, Australia and Africa including for DRBF, Peking University, AFSA, ICLA, WTO, New York University, Tsinghua University, University of Western Sydney, Renmin University, IBEC, Lighthouse Club, National ChengChi University, BIAC.
• Past appointments include Vice Chairman of the Academy of Experts, Dean of the Faculty of Mediation & ADR, Board member of the Civil Mediation Council, member of the Severn Committee on the development of ADR, member of the CBI committee to promote London as a centre for dispute resolution, Chairman of the LCIA consultative committee, member of the TCC subcommittee for the promotion of ADR.

Country Experience

Afghanistan, Algeria, Albania, Bahrain, Bangladesh, Barbados, Botswana, Brunei, Burkina Faso. Cayman, Chile, Congo, Côte d’Ivoire, Croatia, Dominican Republic, Egypt, Ethiopia, France, Fiji, Gambia, Ghana, Holland, Hungary, Iceland, India, Indonesia, Iraq, Iran, Ireland, Jamaica, Jordan, Kazakhstan, Kenya, Kingdom of Saudi Arabia, Korea, Kuwait, Latvia, Libya, Malaysia, Mauritius, Malawi, Maldives, Mali, Morocco, Mozambique, Myanmar, Nepal, New Zealand, Niger, Nigeria, Oman, Pakistan, Philippines, Poland, Qatar, Russia, Rwanda, Scotland, Serbia, Sierra Leone, Singapore, Slovakia, South Africa, Sri Lanka, Sudan, Syria, Taiwan, Tanzania, Thailand, Turkey, UAE (Abu Dhabi & Dubai), Ukraine, Uganda, Vietnam, Wales, Yemen and Zambia.

Languages Spoken – English

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Academic Qualifications

• LLB (hons) Queen Mary, University of London
• Solicitor, England and Wales (1971)*
• Solicitor, Hong Kong (1983)*

Appointments

• Panel member of many of the major arbitration institutions.
• Founding Fellow of the International Academy of Construction Lawyers (an association of 60 of the world’s leading construction lawyers).
• Honorary Fellow of the Chartered Institute of Building.
• Chartered Construction Manager.
• Honorary Grade A Accredited Professional of IBEC.
• Honorary Fellow of the Faculty of Building.
• Committee Member of the Society of Construction Arbitrators.
• Member of the Hong Kong ICC Committee.
• Member of the Dispute Resolution Board Foundation.
• Member of the Editorial Board of the Construction Law Journal.
• Board Member of the International Construction Law Association.
• Honorary Member of Technology and Construction Solicitors Association

Past Appointments

• Chairman (and later President) of the Technology and Construction Solicitors Association.
• Vice Chairman of the Academy of Experts.
• Dean of the Faculty of Mediation & ADR.
• Board member of the Civil Mediation Council.
• Member of the Severn Committee on the development of ADR.
• Member of the CBI committee to promote London as a centre for dispute resolution.
• Chairman of the LCIA consultative committee.
• Member of the TCC subcommittee for the promotion of ADR.

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Project Experience

Mediation Experience

Examples of experience as Party Representative:

• Head of legal team for a Joint Venture contractor/ developer in relation to multi-million US dollar disputes concerning alleged defective workmanship and delays on a major power project in Indonesia.
• Co-counsel representing the Developer in relation to delays to a power project in Southern China relating to the enforceability of the Liquidated Damages provision and consequent delay claim.
• Head of legal team for the Owner in relation to disputes arising from turbine failures and resulting delays to a power station in the UK.
• Head of legal team for the Contractor in relation to a dispute arising from the termination of a water handling project in South Africa.
• Head of legal team for the major shareholder/ managing director in relation to a share option dispute and alleged fraud concerning care homes in the UK.
• Head of legal team acting for the Contractor in relation to a dispute relating to unforeseeable ground conditions in relation to a tunnel in Hong Kong.
• Consultant to local lawyers representing constructer of a motor way bridge in Malaysia.
• Head of legal team for the employer in relation to a partnership dispute in Hong Kong.
• Consultant in relation to disputes relating to design concerning a minerals project in Australia.

Representative examples of mediations as the Mediator:

• Seven Party Disputes over responsibility for roofing failure and associated losses and damages to industrial park in UK (including resolving six on going arbitrations).
• Disputes between UK Government and Main Contractor relating delays/ extra costs of iconic building in London.
• Disputes relating to fitness, delay and extra costs in relation to a pharmaceutical laboratory (three party dispute).
• Disputes between designer and developer of housing development in UK.
• Disputes relating to turbine failures and resulting damage to power project in Bangladesh (Mediation in Hong Kong) (four party dispute).
• Several separate disputes where appointed by a professional body in the UK in relation to allegations of professional negligence against its members (usually 3 party disputes including insurers).
• Fee dispute between Major Contractor and Designer relating to project in Saudi Arabia.
• Site boundary limit dispute in UK (mediated in 36 hours from appointment).
• Mediation of disputes relating to defects in turbines supplied to Combined Heat and Power Project in Saudi Arabia.
• Mediation of several disputes relating to design, variation claims and time overrun claim in relating to process plant in Holland.
• Mediation of multiple high value disputes arising from major highway/ flyover project in Hong Kong.
• Mediation of disputes relating to the design of and delay to a Urea Granulation Plant in the Netherlands.
• Mediation of 3 Party Disputes relating to the termination of a major construction project in London and complex financial consequences.
• Mediation of disputes relating to office project in London.
• Mediation of multiple disputes relating to roadway project including tunnels and fly-overs in China.

Arbitration Experience

As Party Representative/ Solicitor and Counsel John has conducted more than 250 arbitrations.

John has experience of arbitration under many rules including ICC, LCIA, SCC, CIETAC, VIAC, HKIAC, SIAC, AFSA, DIAC, DIFC, SHIAC, ADCCAC and UNCITRAL.

Some typical experience as arbitrator includes:

• ICC arbitration re alleged defects, additional works, delays and disruption arising in relation to a major LNG reception and regasification facility.
• Three party ICC arbitration re alleged delayed progress, suspension and termination of a contract for specialised and complex civil engineering works, including calls on performance guarantees.
• DIAC arbitration re value of works carried out; descoping and delays in completion of structural steel and cladding for a large retail park.
• ICC arbitration re specialised civil engineering works for a Biomass Power Station, including claims re value of works, delays, disruptions & alleged abandonment.
• AFSA arbitration (sole arbitrator) re design failures and construction of a gold mining project.
• ICC arbitration re plant design, supply and installation of overhead track equipment, power supplies and signaling systems for railway project and counterclaims including re delays, alleged abandonment and contract.
• HKIAC (sole arbitrator) re clever systems for tunnelling contract including claims for work done and delays.
• Three party ICC arbitration re two contracts for design and construction of military complex including re flooding and resulting major damage, alleged abandonment, descoping and termination.
• DIFC-LCIA arbitration re design and construction and descoping of topsides of an offshore LNG regasification platform.
• SIAC arbitration re delays and technical failings, termination and alleged repudiation in relation to major solar plant.
• DIFC-LCIA arbitration re extra work, delays and disruption in relation to dredging contract for the development of an offshore oil field.
• ICC arbitration re claims for sums alleged due and alleged design failures in relation to the decommissioning and rehabilitation of a gold mining project.
• AFSA appeal arbitration (sole appeal arbitrator) from the decision of a sole arbitrator relating to applicability of Roman-Dutch principles under the laws of South Africa.
• UNCITRAL arbitration relating to peaking run-of-river hydropower plant.
• SIAC arbitration (sole arbitrator) re design and construction issues in relation to waste to energy services and construction agreements.
• DIFC – LCIA arbitration relating to issues of jurisdiction in relation to and suspension of major project.
• CIETAC arbitration re sale, purchase and validity of carbon credits.
• UNCITRAL arbitration re technical issues in relation to major petrochemical plant.
• ICC arbitration relating to alleged defects in design and construction of greenfield cement plan.
• ICC arbitration re sums claimed due, scope of works, alleged defects, delays, prolongation costs and liquidated damages relating to multi-story car park.
• Party appointed arbitrator under UNCITRAL rules relating to suspension/ termination/ repudiation of hydro-power project.
• Party appointed arbitrator for ICC arbitration relating to design, workmanship and delays to a seawater reverse osmosis desalination facility.
• Party appointed arbitrator for ICC arbitration in relation to the termination/ repudiation of major roads project in African Country.
• Presiding Arbitrator for ICC Arbitration in relation delay and variation MEP claims in relation to a luxury resort.
• Party Appointed Arbitrator for DIAC arbitration arising from decisions by five Dispute Boards relating to delays, defects, acceleration and final account claims relating to a major exhibition centre.
• Party Appointed Arbitrator under VIAC rules in relation to the design and construction of a part underground and part elevated metro system including claims for delay and defective work.

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Recommendations and Accolades

Particular comments in recent directories include:

• “One of the world’s pre-eminent construction experts”.
• “One of the top 30 construction lawyers in the world”.
• “the legendary elder statesman of construction”.
• “bright, very knowledgeable and hardworking with a good overall grip– first class”.
• “fantastic”.
• “has deep experience in construction and engineering law”.
• “Eminent Practitioner”.
• “a big name in the market”.
• “outstanding, commercial approach to advice”.
• “a superb lawyer who brings experienced judgment and a pragmatic approach to solving business problems”.
• “combines knowledge of clients’ business with deep legal expertise”.
• “the Region’s highest ranking lawyer” (Asia Pacific).
• “John Bishop has deep experience in construction and engineering law”.
• “He brings four decades of experience providing construction law support to international clients to bear on projects abroad”.
• “erudite but also open minded”.
• “we can discuss difficult legal issues with him freely”.
• “a leading authority in the legal market”.
• “very co-operative and efficient in preparing documents and reviewing cases”.
• “never breaks his promises”.
• “really understands the Chinese way of thinking”.
• “combines knowledge of clients’ business with deep legal expertise”.
• “Best of the Best (2016).

* no longer practising