Chris Utton

• Acting for a major Korean contractor in an ICC arbitration with circa USD 200 million in dispute. The dispute is against the contractor's consortium partner on the project, a combined cycle power plant in Malaysia. The major issues in dispute pertain to the causes of critical delay and disruption to the work and the challenges presented by the COVID-19 pandemic to the completion of the project.
• Acting for a major global contractor in an AAA arbitration with circa USD 180 million in dispute. Our client engaged an EPC contractor to complete the project, a CHP plant in the U.S., but had to terminate the contract because of the contractor's delay and defective work. The contractor alleged wrongful termination and commenced the arbitration claiming damages of at least USD 20 million. The counterclaim for our client's costs to complete the project is in excess of USD 150 million.
• Advising a major Korean contractor in respect of disputes with its joint venture partners arising out of a highly significant petrochemical project in Thailand. The project has experienced delay and cost overruns, and our client has claims in excess of USD 1 billion for breaches of contract by its JV partners.
• Advising the owner of an USD 800 million ammonia/urea plant in Brunei. The owner sought advice on numerous pre-completion disputes with the EPC contractor on the project. The disputes included issues in respect of delay and disruption of the works, defects, and liquidated damages under the contract. The project completed in late 2023 with the dispute ongoing and the owner claiming entitlement to over USD 100 million from the contractor.
• Acting for a major Filipino conglomerate in a SIAC arbitration with over USD 1 billion in dispute. Our client engaged the contractor on a land reclamation project near Manila and subsequently had to terminate the contract. The contractor claimed wrongful termination and damages. This matter settled in 2023 for a sum of approximately USD 400 million.
• Advising a major international EPC contractor in respect of a dispute with the owner of a desalination plant in Saudi Arabia. We provided advice on various issues including force majeure, delay and disruption of the works resulting from disputes down the contractual chain with sub-contractors, and changes in local law. Approximately USD 20 million is currently in dispute.
• Advising the owner of an ammonia/urea plant in Brunei. The owner sought advice on numerous pre-completion disputes with the EPC contractor on the project. The disputes included issues in respect of delay and disruption of the works, defects, and liquidated damages under the contract.
• Acting for the owner of one of the world's largest petrochemical complexes in an ICC arbitration. We were defending the client against a USD 200 million claim from an EPC contractor for loss and expense resulting from delay and disruption on the project, withheld retention, and interest. The arbitration was stayed for two months to provide for the parties to attend a mediation at the IDRC, London, in front of a former High Court Judge.
• Acting for the Respondent in an ICC arbitration. The client was the operator of a CHP plant owned by a major global agrichemical company. A fire occurred during upgrade works and disrupted the supply of heat and high-pressure steam required for the manufacturing processes. Circa £70 million was in dispute.
• Acting for a joint venture of international contractors (JV) in an arbitration. The JV appointed a designer to prepare a tender design for a bridge and relied on that design to price its tender. The tender design was negligent and underestimated the quantities of materials required. Circa £20 million was claimed by the JV.
• Acting for a major contractor in a series of adjudications relating to several disputes arising from the construction of a new highway and bridge spanning a quarry access road. Several million pounds was in dispute.

Chris is an associate in King & Spalding’s Singapore office and a member of the firm’s International Arbitration group.  He specializes in construction and engineering disputes and has gained experience in a range of forums including international arbitration, court litigation, mediation and adjudication.

Chris has advised employers/owners, contractors and consultants on a wide variety of projects. Recent highlights include representing the owner of one of the world's largest petrochemical complexes in an arbitration under the ICC Rules, advising the owner of an ammonia/urea plant in Brunei in respect of its pre-completion disputes with the main contractor, and advising a major international EPC contractor on its disputes with the owner of a desalination plant in Saudi Arabia. In particular, he has advised clients on loss and expense claims arising out of delay and disruption, defects, retention, liquidated damages and termination.

He has gained experience across a range of sectors including energy, petrochemical, residential/commercial development, utilities and infrastructure projects.