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Daniel Waldek

Daniel Waldek

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Dan is an international arbitration lawyer specialising in construction and engineering disputes in the infrastructure and energy sectors.

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Experience

Dan specialises in construction,  energy, and infrastructure disputes. He has acted as counsel in arbitrations relating to onshore and offshore oil and gas projects, pipelines, major petrochemical developments, renewable and conventional power projects, as well as road, rail, water, airport and urban development projects. Dan has advised on complex claims under a large range of construction contracts (both bespoke and standard form) covering design and build, turnkey, EPCIC and EPCM arrangements, as well as production sharing contracts, offtake and feedstock supply agreements, and concession agreements.  

Dan regularly appears as counsel in arbitrations under a range of institutional rules, including the ICC, LCIA, and SIAC, and in ad hoc arbitrations, including as an advocate for both interim applications and substantive merits hearings. Dan also advises on arbitration related court proceedings including jurisdictional challenges, set aside applications as well as enforcement proceedings. Dan has also been appointed as arbitrator by institutions such as the SIAC.

He is also able to bring to bear his thorough knowledge of mediation and other alternative forms of dispute resolution to assist his clients to achieve successful settlements. 

Dan's practice also involves a significant advisory component, in particular working closely with transactional teams on risk avoidance and mitigation strategies. He places emphasis on his clients' needs for realistic, down to earth advice in a commercial context.

The Legal Directories have consistently recognised Dan as a leading arbitration lawyer.  Chambers Global 2022 describes him as a "knowledgeable and experienced international arbitration lawyer who is able to provide strategic and practical advice". Legal 500 notes that Dan is "a very bright, energetic and resourceful arbitration lawyer. Willing to spend time and effort to bring innovative solutions to difficult problems. Quick on his feet in hearings".

Dan's experience includes advising:

  • a project company on issues arising out of the construction of a refinery and petrochemical complex in Southeast Asia, including two SIAC arbitrations and an emergency arbitration proceeding, involving claims under and in relation to the EPC Contract valued in excess of USD 1.5 billion
  • a Southeast Asian Government Agency in a SIAC arbitration commenced by its contractor arising out of an airport redevelopment and expansion project
  • a project company on disputes arising from the construction of an offshore wind project in Vietnam
  • a project company in an ad hoc arbitration and related court proceedings arising from the construction of a hydro-electric project in South Asia
  • a Chinese contractor in an ICC arbitration arising under a sub-contract for works in connection with the development of an oil storage terminal in the Middle East
  • a Government Agency in its capacity as project owner under a long term concession for a waste to energy plant in Southeast Asia in connection with insolvency proceedings commenced by the majority shareholder of the project company and its EPC Contractor
  • a Korean contractor in a Singapore seated SIAC arbitration concerning claims under a turnkey contract for the construction of a process plant in Vietnam 
  • a Japanese contractor on disputes arising out of two light rail projects in Southeast Asia
  • two international energy companies in a Singapore-seated ICC arbitration concerning recovery of additional tax liabilities under the indemnity and stabilisation provisions of a Vietnamese Production Sharing Contract

Background

Dan graduated from the University of Oxford with a B.A. in Jurisprudence. He is admitted as a solicitor in England and the British Virgin Islands. Dan also sits as an arbitrator.

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