Roberta Downey
20 Fenchurch Street
24th Floor
London EC3M 3BY
United Kingdom
Roberta is Head of the firm’s International Construction group. She is based in our London office with close to 30 years of experience in commercial dispute resolution, including large trials and highly technical disputes where teamwork together with strategic thinking, effective legal argument and detailed analysis of the evidence is required.
Roberta’s practice focuses first and foremost on the construction, engineering and energy industries. That industry focus has allowed her to build a portfolio of both domestic and international work that spans the full spectrum of energy, power, and major infrastructure projects, including thermal power plants, renewable energy projects, LNG facilities, petrochemical facilities, iconic urban regeneration projects, engineering support services, rail infrastructure, telecommunications, wastewater treatment, recycling facilities, data centres, and automated equipment and control systems. She is particularly well known in the market for her work in relation to offshore wind farms, on which she published a prize-winning paper for the Society of Construction Law.
Roberta focuses on practical and commercial solutions to complex issues that arise throughout the lifecycle of major projects, where she has advised all the key participants in the supply chain: developers, owners, contractors, subcontractors, consultants, and manufacturers. While she is a firm believer in proactive project management to avoid disputes, she always has an eye on positioning clients to best achieve their objectives and is as comfortable managing large trials on highly technical disputes in litigation and arbitration as she is in performing early case assessments, and conducting mediations, adjudications and other forms of alternative dispute resolution, whatever the jurisdiction or location of the project.
Experience Highlights
Conduct of arbitration proceedings (administered by the Arbitration Institute of the Finland Chamber of Commerce) regarding disputes between the main contractor and a subcontractor arising out of the construction of a data centre
Conduct of ICC arbitration (Geneva Seat) on behalf of a JV arising out of Middle Eastern petrochemical project. The value of the dispute is at $250m+ and covers a wide range of delay and disruption claims, together with over 400 smaller value additional cost claims and back charges
Conduct of English High Court proceedings, including successfully obtaining orders for injunctive relief against environmental activists
Advising main contractor on various disputes with subcontractors at various stages of maturity from pre-action to arbitration (administered by Netherlands Institute)
Advising the contractor consortium on an LNG receiving, storage and regasification terminal in Europe
Advising the main contractor to the redevelopment of a North Sea oil & gas project involving an FPSO with regard to issues arising both up and down the contractual chain, with particular emphasis on almost two years of COVID and hardline lockdown related delays arising out of fabrication in China
Conduct of ICC arbitral proceedings on behalf of an EPCM contractor arising out of a Middle Eastern world-class petrochemical complex, including issues relating to non-payment of invoices, delays, and the quality of engineering, procurement, and construction management services
Conduct of High Court proceedings and a series of adjudication proceedings following termination of a subcontractor relating to the construction of an onshore substation for the longest subsea interconnector in the world
Advising a turbine manufacturer in respect of delay claims and quality issues in a series of projects including Japan, Brazil, Saudi Arabia, UAE, Qatar, Iraq, and the UK
Conduct of DAB proceedings regarding the final account for construction work at a container terminal in Costa Rica
Advising a JV regarding quality issues in subsea cables
Advising wind turbine manufacturers in respect of various issues with blades
Acting for the main contractor in the widely reported High Court (Technology and Construction Court) proceedings of Fluor Limited v ZPMC [2018] EWHC 490
Advising on disputes relating to delay in commissioning a 1200 MW gas-fired power plant with CHP facilities in South Africa
Advising owner of a UK solar farm regarding its rights in respect of ongoing defects in the transformers
Advising on two iconic Central London regeneration projects in relation to issues arising out of the interfaces between major transport infrastructure and commercial and residential developments
Representing a European supplier in a dispute with its Australian customer arising of design and fabrication issues in a superheater for a fertilizer plant in Canada
Acting for the main contractor regarding serial defects in a fleet of transformers supplied for two phases of a solar power project in the Middle East
Advice in respect of cladding on tower blocks following the Grenfell Tower fire
Alstom Power Ltd v Ineos Chlor: Acting for contractor in High Court Proceedings relating to completion of a boiler plant project
Barking Power Ltd v Balfour Beatty Projects and Engineering Ltd (1) and GEC ALSTHOM Power Plants Ltd (2). Acting for consortium in High Court proceedings in respect of alleged defects to generators
Advising a multinational contractor on various issues arising out of the onshore and offshore work on the control and instrumentation packages for two power plants in Africa
Advising an international contractor in respect of valuation of a subcontractor’s work, termination of the subcontract and financial claims arising out of a Middle Eastern power plant
Henry Boot Construction Ltd v ALSTOM Combined Cycles. This case concerned a series of arbitrations and two appeals to the Court of Appeal
Advising the main contractor in respect of costs and delay issues arising out of the design, construction, operation, and maintenance of an offshore wind farm
Advising main contractor in respect of a defective meteorological mast for an offshore wind farm
Advising an international contractor of its rights under offshore contracts for supply and installation of equipment/services in respect of the conventional island of a nuclear plant project in Mexico
Advising on the decommissioning of a nuclear power plant in Eastern Europe
Advising owner of a UK solar farm regarding ongoing defects in the transformers
Acting for U.S. project management company in respect of the recovery of unpaid invoices for consultancy services on two process plants in the U.A.E, including enforcement proceedings
London Underground Ltd v CityLink Telecommunications Ltd. Acting for the EPC contractor under a PFI contract in respect of a series of disputes, arbitrations, and appeal to the High Court
ALSTOM Automation Ltd v British Airways plc. Acting for the main contractor in relation to BA’s multimillion pound air cargo handling headquarters at Heathrow. This involved claims for repudiatory breach of contract and delay claims, including disputes about the interface between different software systems, and automated equipment and control systems
Advising an EPC contractor how it might protect its position mid-project, regarding delay claims against the Chinese Government
Advising the main contractor on a Malaysian power station project, including potential claims under Bilateral Investment Treaties
Advising the EPC contractor on delay claims regarding a sewage and wastewater treatment scheme
Mostcash Plc & Ors v Fluor Ltd & Anor. Acting for an EPC contractor defending High Court proceedings regarding alleged defective design, ingress of water, and corrosion of a paper recycling facility
Advising English clients on joint venture disputes giving rise to litigation and arbitration in various jurisdictions including the Russian Federation, Kazakhstan, British Virgin Islands, and Stockholm
Credentials
- King’s College London, M.Sc. Construction Law & Arbitration, 2003
- College of Law, London, CPE and LSF, 1991 and 1992
- University of Oxford, M.A., 1988
- Who’s Who Legal, “Global Elite Thought Leader,” 2023; Construction, “Global Elite Thought Leader,” 2024
- Lawdragon, 500 Leading Global Litigators Guide, 2024
- The Best Lawyers UK (BL Rankings, LLC), Construction Law, 2024
- Part of the team that won the Arbitration Team of the Year – Legal Business Award 2022
- Innovative Leader Private Practice 2023 – Women Influence & Power in Law UK Awards 2023
- Legal 500 UK, Dispute Resolution: International Arbitration, 2023 and 2024; Real Estate: Construction, 2022–2025; “Leading Lawyer” in Real Estate: Construction, 2022 and 2023; “Hall of Fame” in Real Estate: Construction, 2024
- Legal 500 UK, Tier 1 Leading Individual, 2020
- Chambers UK, Tier 2 Leading Individual, 2020; Construction–Contentious, International Arbitration (UK–wide), 2022–2025
- Global Arbitration Review GAR 30, 2024
- Named in the International Arbitration Power List, Legal 500, 2019
- Acritas Star, Acritas Stars Independently Rated Lawyers, 2018–2019
- Highly commended entries in the Hudson Prize Competition 2002 and 2012 (“Offshore Wind Projects: Managing the Interface Risks”) (both published on Society of Construction Law Website)
- England and Wales
- InsightOctober 28, 2024
Published by Law360
- Rankings & AwardsOctober 17, 2024
- Rankings & AwardsOctober 3, 2024
- InsightAugust 13, 2024
Published by New Civil Engineer
- InsightJune 18, 2024
V&E Energy Update
- Rankings & AwardsMarch 22, 2024
- Rankings & AwardsNovember 17, 2023
- Rankings & AwardsOctober 19, 2023
- Rankings & AwardsOctober 17, 2023
- Rankings & AwardsOctober 4, 2023
- InsightAugust 15, 2023
Published by Construction Law International
- InsightAugust 2, 2023
Published by Legal 500
- Rankings & AwardsJuly 24, 2023
- Rankings & AwardsJuly 5, 2023
- InsightJune 29, 2023
Published by Jus Connect’s 2023 Industry Insight Report on Construction Arbitration
- Rankings & AwardsMarch 9, 2023
- InsightJanuary 23, 2023
- Rankings & AwardsOctober 20, 2022
- InsightOctober 5, 2022
- Rankings & AwardsSeptember 29, 2022
- InsightMarch 11, 2022
Published by Building Magazine
- InsightFebruary 15, 2022