The need for dispute boards on international waste to energy projects was presented to Dispute Resolution Board Foundation members and guests by Sean Gibbs of Hanscomb Intercontinental in May 2021.

1. RENEWABLES
WASTE TO ENERGY
THE NEED FOR DISPUTE BOARDS

3. SEAN SULIVAN GIBBS
BSc, LLB (Hons) PG Dip Arb, Dip Adj, LLM, MICE, FRICS, FCIARB, FCIOB, FCICES
CEO - HANSCOMB INTERCONTINENTAL LTD
5 CHANCERY LANE, LONDON, UK
+44 (0)7722 643 816
sean.gibbs@hanscombintercontinental.co.uk

6. MULTI-DISCIPLINARY EXPERTS
• ARCHITECTS
• SURVEYORS
• ENGINEERS
• PROJECT MANAGERS
• CONSTRUCTION MANAGERS
• ACCOUNTANTS

7. EXPERTS APPEAR IN
• LITIGATION
• ARBITRATION
• ADJUDICATION
• DISPUTE BOARD HEARINGS
• MEDIATION / CONCILIATION
• EXPERT DETERMINATION

8. LAW SOCIETY SCOTLAND DIRECTORY OF EXPERT WITNESS
https://www.lawscot.org.uk/members/business-
support/expert-witness/
• Checking process
• Code of Conduct

9. ACADMEY OF EXPERTS ACCREDITED EXPERT WITNESS
https://academyofexperts.org/search-register/expert/Checking
process
• All TAE Experts have been through a vetting process
• Code of Conduct

10. ACCREDITED EXPERTS

11. WWL – RECOGNISED EXPERTS
https://whoswholegal.com/john-cock

12. Global Waste To Energy (WTE) Market to Reach
$48.5 Billion by 2027
Amid the COVID-19 crisis, the global market for
Waste To Energy (WTE) estimated at US$ 32.3
Billion in the year 2020, is projected to reach a
revised size of US$ 48.5 Billion by 2027, growing
at a CAGR of 6% over the period 2020-2027.
.

13. Thermal, one of the segments analyzed in the
report, is projected to record 5.8% CAGR and
reach US$ 39.6 Billion by the end of the analysis
period. After an early analysis of the business
implications of the pandemic and its induced
economic crisis, growth in the Biological
segment is readjusted to a revised 6.9% CAGR
for the next 7-year period
.

16. The first incinerator or "Destructor" was built in Nottingham
UK in 1874 by Manlove, Alliott & Co. Ltd. to the design of
Alfred Fryer.
The first US incinerator was built in 1885 on Governors
Island in New York, New York.
The first waste incinerator in Denmark was built in 1903 in
Frederiksberg.
The first facility in the Czech Republic was built in 1905 in
Brno.

17. The UK experience of waste to energy has been
been bad !
Projects have been marked by disputes and
insolvencies !
The problems in the UK will be encountered
globally !
NEC / ICHEME / FIDIC

18. Mw High Tech Projects UK Ltd v Haase
Environmental Consulting GmbH [2015] EWHC
152
"MW") seeks declarations as to the proper
construction of their contract with the
defendant ("HEC"), pursuant to which MW
appointed HEC to develop and complete the
design of the process engineering elements of a
waste energy plant at Brookhurst Wood Landfill
site, Horsham, in West Sussex

19. Engie Fabricom (UK) Limited v MW High Tech
Projects UK Limited [2020] EWHC 1626 (TCC).
MW main contractor for construction of new
energy from waste plant Hull Engie Fabricom UK
Limited (EFL) was its sub-contractor, tasked with
the installation of the gasification plant. The sub-
contract was an amended IChemE Yellow Book
4th Edition. Under clause 47 of the sub-contract,
adjudication was only available where the
Construction Act applied !

20. C Spencer Limited v M W High Tech Projects UK
Limited [2020] EWCA Civ 331
IChemE Form of Contract for Civil Engineering
Subcontracts ("the Brown Book"), 3rd edition
2013
£2,683,617.09 plus VAT

21. C Spencer Limited v M W High Tech Projects UK
Limited [2020] EWCA Civ 331
IChemE Form of Contract for Civil Engineering
Subcontracts ("the Brown Book"), 3rd edition
2013
£2,683,617.09 plus VAT

22. Essex County Council v UBB Waste [2020] EWHC
1581 (TCC)
TCC held that an authority was entitled to terminate a Private
Finance Initiative (PFI) contract where the contractor was unable
to pass acceptance tests. Among other things, the judgment
considered relational contracts and the implied duty of good
faith, whether there was an implied time limit for exercising
termination rights and the independence, impartiality and
objectivity of expert witnesses.

23. PBS Energo v Bester Generacion [2020] EWHC 223
(TCC), 188 ConLR 1
CC rejected a sub-contractor’s claim that it had been entitled to
terminate a sub-contract based on the FIDIC Silver Book 1999,
instead finding that it was the main contractor that had been
entitled to terminate due to abandonment of the works by the
sub-contractor. The court made various findings in relation to
responsibility for ground conditions, implied terms relating to
performance security, whether the rejection of a valid extension
of time claim amounted to a material breach, the prevention
principle in the context of abandonment of the works and
whether the right to liquidated damages survived termination

24. J & B Hopkins Ltd v Trant Engineering Ltd [2020]
EWHC 1305
On 2 March 2020, an Adjudicator issued a decision that the
Claimant was entitled to the sum of £812,484.94 plus VAT.
Together with VAT the amount came to approximately £974,000,
Trant declined to satisfy that decision
Claimant issued proceedings in the Technology and Construction
Court ('TCC') on 10 March 2020, and applied for expedited
directions.

25. Aviva is facing questions about its investments in energy after
accounts for three power plants it has built showed they are mired
in legal disputes.
The FTSE 100 insurance group’s investment division has ploughed at
least £200 million of investors’ money into the construction of the
plants, which generate electricity from biomass and waste.

26. The $900m Dubai waste-to-energy (WTE) project has reached financial close, with Japan Bank for
International Cooperation (Jbic) and a number of private financial institutions providing loans for the project.
The WTE plant will have a total power generation capacity of up to 150MW and the capacity to process up to
1.5 million tonnes of waste per year

27. The request for qualification (RFQ) for the planned waste-to-energy (WTE) project in Abu Dhabi is expected to
be issued by mid-April. The planned WTE plant will be located near the existing Al-Dhafra landfill site and will
have an expected processing capacity of between 600,000 and 900,000 tonnes of waste per year

30. FIDIC
1999 DAB
Dispute Adjudication Board
2017 DAAB
Dispute Avoidance &
Adjudication Board

31. NEC 4
DAB
Dispute Avoidance Board

32. ICHEME
DRB
Dispute Review Board