Construction & Infrastructure Dispute Arbitrator

HARSHAVARDHAN SANCHETI

SECTOR — CONSTRUCTION & INFRASTRUCTURE

Construction &
Infrastructure Dispute Arbitrator

International arbitration specialist for construction and infrastructure disputes covering EPC and FIDIC contract claims, delay and disruption, cost overruns, performance bond calls, defects liability, sub-contractor pass-through claims, construction JV conflicts, offshore and energy infrastructure disputes, project finance-linked construction claims and investor-state expropriation of construction assets under any governing law and across all major arbitration seats.

YEARS IN FINANCIAL ARBITRATION
0 +
JURISDICTIONS COVERED
0 B+
DISPUTES RESOLVED
$ 0 B+
ARBITRAL INSTITUTIONS
0
ABOUT THIS PRACTICE

Independent arbitrator for the full construction & infrastructure spectrum

Construction and infrastructure disputes are among the most technically demanding and document-intensive in international arbitration. They require a practitioner who understands not only the procedural rules of the chosen institution but the commercial pressures of a live construction project the consequences of delay, the allocation of design risk, the mechanics of extension of time claims and the critical path analyses on which liability turns.

Harshavardhan Sancheti accepts appointments as sole arbitrator or as a member of an arbitral tribunal in construction and infrastructure disputes across building, energy infrastructure, power, offshore, mining and transport projects. His experience spans a multi-billion dollar ICC construction joint venture arbitration, EPC and FIDIC-governed energy infrastructure disputes, and investment treaty proceedings involving the regulatory interference with infrastructure assets providing a depth of exposure that crosses project types, seats and governing laws.

Appointments are accepted under all leading institutional rules ICC, LCIA, SIAC, HKIAC, DIAC, AAA-ICDR and UNCITRAL and on an ad hoc basis. Parties, counsel and arbitration institutions are welcome to submit enquiry requests directly.

Arbitral Institutions

PRACTICE AREAS

Construction & Infrastructure disputes handled by the International Arbitrator

The full spectrum of construction and infrastructure arbitration from FIDIC Red Book delay claims to offshore platform EPC disputes and investor-state expropriation of infrastructure assets under any governing law chosen by the parties.

Delay, Disruption & Extension of Time

Disputes arising from delay and disruption on construction projects including contractor delay claims, employer-caused disruption, critical path analysis disputes, concurrent delay defences, extension of time entitlement under FIDIC, NEC and bespoke EPC contracts and prolongation cost claims including head office overheads and loss of productivity.

Critical path disputes  ·  EOT entitlement  ·  Concurrent delay  ·  Prolongation costs  ·  Disruption claims

EPC & FIDIC Contract Disputes

Disputes under the full FIDIC suite Red Book (construction), Yellow Book (plant and design-build), Silver Book (EPC/turnkey) and Gold Book (DBOM) and under bespoke EPC contracts for power, petrochemical, oil and gas and mining projects. Covers engineer decisions, DAB/DAAB enforcement, clause 20 notice compliance and scope change disputes.

FIDIC Red/Yellow/Silver  ·  DAB/DAAB decisions  ·  Clause 20 compliance  ·  Engineer determinations  ·  EPC turnkey disputes

Cost Overrun & Variation Claims

Disputes arising from cost overruns and scope changes on major infrastructure projects including variation order valuation, change-in-law claims, unforeseeable ground conditions, provisional sum disputes, escalation clause enforcement, material price increase claims and contractor claims for loss of profit on varied work.

Variation valuation  ·  Change-in-law claims  ·  Ground conditions  ·  Price escalation  ·  Loss of profit

Defects, Completion & Handover Disputes

Disputes over project completion, taking-over certificates, punch list disputes, latent and patent defect claims, rectification obligation enforcement, performance test failures, performance security call disputes and decennial liability claims under English, French, UAE, Saudi and other governing laws applicable to infrastructure projects.

Completion disputes  ·  Defect liability  ·  Performance tests  ·  Performance bonds  ·  Taking-over certificates

Termination & Performance Bond Claims

Disputes arising from contract termination including wrongful termination claims, repudiation defences, termination for convenience compensation, performance bond and on-demand guarantee calls, counter-claims for termination costs and disputes over the assessment of termination settlement accounts under FIDIC and NEC standard forms.

Wrongful termination  ·  Repudiation defences  ·  Bond call disputes  ·  Termination accounts  ·  Convenience termination

Construction JV & Consortium Disputes

Disputes in construction joint ventures and consortium structures including cost-sharing and contribution conflicts, delay claim apportionment between consortium members, pass-through sub-contractor claims, consortium management board deadlocks, insolvency of a consortium member and disputes over completion obligations after partner withdrawal.

JV cost-sharing  ·  Pass-through claims  ·  Consortium deadlock  ·  Partner insolvency  ·  Completion obligations

Offshore & Energy Infrastructure Disputes

Disputes arising from offshore construction projects including FPSO contracts, platform construction and installation, offshore pipeline installation, subsea infrastructure agreements, jack-up rig construction disputes, LNG terminal EPC conflicts and onshore energy infrastructure power plants, refineries and petrochemical facility construction claims.

FPSO construction  ·  Offshore installation  ·  LNG terminal EPC  ·  Power plant disputes  ·  Refinery construction

Infrastructure Investment & Investor-State Claims

Investment treaty arbitration involving infrastructure assets including expropriation of concession rights, discriminatory regulatory treatment of road, rail, port and power projects, unilateral contract renegotiation by host governments, indirect expropriation through permitting refusal and fair and equitable treatment claims under BITs and ICSID.

Concession expropriation  ·  Regulatory interference  ·  Permitting refusal  ·  BIT infrastructure claims  ·  FET violations

GEOGRAPHIC REACH

Key Jurisdictions & Seats

Deep expertise in the governing law, contract framework and construction dispute landscape of each jurisdiction — not merely procedural familiarity with the arbitration rules.

United Kingdom — London

LCIA • ICC • Arbitration Act 2025
• English Law

UAE — Dubai & Abu Dhabi

DIAC 2022 • ICC • ADGM • Saudi SCCA • FIDIC

Singapore & Southeast Asia

SIAC 2025 • SICC • IAA • FIDIC • NEC

India

MCIA • ICA
• Arbitration Act 1996 (as amended 2021)
• NITI Aayog Model Contract

United States — New York & Houston

AAA-ICDR • JAMS • FAA
• AIA • ConsensusDocs

Australia & Asia-Pacific

ACICA • SIAC • ICC
• Australian Arbitration Act 2010
• AS 4000/4902

Germany & Central Europe

DIS Rules 2018 • ZPO • VOB/B • HOAI • ICC

INSTITUTIONS & RULES

Where appointments are accepted

Deep procedural expertise across every major construction arbitration institution, with specialist knowledge of construction-specific multi-party, consolidation and emergency arbitrator provisions within each rule set.

INSTITUTION RULES CONSTRUCTION STRENGTHS KEY AREAS
ICC – International Court of Arbitration ICC 2021 World’s leading institution for international construction disputes; Terms of Reference procedure; scrutiny of awards; multi-party consolidation EPC/FIDIC disputes, energy infrastructure, offshore construction, mining projects, international construction JVs
LCIA – London Court of International Arbitration LCIA 2020 Speed and efficiency; emergency arbitrator; English law expertise; rapid appointment for bond call and termination disputes FIDIC Red, Yellow and Silver Book disputes, UK infrastructure, North Sea offshore projects, nuclear and rail construction
SIAC – Singapore International Arbitration Centre SIAC 2025 Asia-Pacific gateway; multi-party consolidation; emergency arbitrator; third-party funding; Belt and Road Initiative project expertise ASEAN infrastructure, LNG construction, data centre EPC projects, Belt and Road Initiative disputes
HKIAC – Hong Kong International Arbitration Centre HKIAC 2024 Greater China gateway; consolidation and joinder provisions; strong Mainland China enforcement framework China-foreign construction JVs, PRC contractor disputes, Hong Kong infrastructure projects, cross-border construction claims
DIAC – Dubai International Arbitration Centre DIAC 2022 MENA seat; DIFC and ADGM courts enforcement; GCC-preferred construction venue; legal costs recovery UAE construction projects, NEOM and Vision 2030 developments, MENA EPC disputes, Gulf offshore infrastructure
AAA-ICDR ICDR 2021 US federal courts recognition (FAA); preferred for North American construction and infrastructure disputes US EPC disputes, LNG terminal construction, Gulf of Mexico offshore projects, US P3 infrastructure, energy-transition developments
ICSID – International Centre for Settlement of Investment Disputes ICSID 2022 Investor-State arbitration; World Bank enforcement; BIT and expropriation claims involving infrastructure concessions Infrastructure concession expropriation, BIT claims, road, rail, port and power-sector investor-state disputes
UNCITRAL – Ad hoc UNCITRAL 2013 Maximum party autonomy; preferred for government construction contracts and bilateral investment treaty disputes State construction contracts, public-private partnership disputes, sovereign infrastructure claims
SCC – Stockholm Chamber of Commerce SCC 2023 Neutral seat; preferred for Russia and Eastern Europe disputes; expedited procedure; effective for Belt and Road Initiative-adjacent disputes Nordic energy infrastructure, Eastern European construction projects, Russia-adjacent project disputes
HOW IT WORKS

How a construction arbitration is conducted

From accepting appointment to issuing a final award, a disciplined and technically informed process built around the realities of construction and infrastructure disputes is followed:

01

Accepting Appointment

The dispute clause, conflict check and proposed terms of appointment are reviewed. Where FIDIC or NEC DAB/DAAB procedures precede arbitration, that multi-tier compliance is verified.

01

Case Management

A procedural timetable tailored to the construction dispute is issued addressing document production, delay and quantum expert evidence, site visit arrangements, pleadings and hearing schedule.

03

Hearing & Submissions

Factual and expert witnesses including delay analysts, quantum experts and technical specialists are examined with rigour, ensuring each party's claims and defences receive full consideration.

04

Deliberation

Evidence and submissions are analyzed with independent judgement, drawing on deep familiarity with FIDIC and EPC commercial structures, delay methodology and the applicable governing law.

05

Award & Enforcement

A reasoned, enforceable award is issued. Where necessary, enforcement routes under the New York Convention 1958 across 172 signatory states or ICSID's self-executing enforcement regime are advised.

This document is for informational purposes only and does not constitute legal advice. Engaging the services of Harshavardhan Sancheti requires a formal engagement agreement.

Facing a construction or infrastructure dispute?

Submit an enquiry to discuss appointment as sole arbitrator or tribunal member.

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