Phillip Georgiou

Construction

Phillip Georgiou represents parties in contentious construction and engineering matters. Projects include infrastructure, building, energy, industrial and manufacturing plants throughout the Asia-Pacific region.  

In formal dispute resolution, he leads and manages construction cases including appearing as advocate before institutional and ad hoc arbitral tribunals throughout the Asia-Pacific region.  Phillip’s experience involves cases under prominent arbitration rules including UNCITRAL, HKIAC, SIAC, ICC and LCIA.  

His counsel and support include assisting parties in various forms of alternative dispute resolution including mediation, adjudication and conciliation.

Phillip is also experienced at the “front end” of projects including drafting and negotiating EPC and other construction and engineering contracts, sub-contracts, consultant agreements, supply agreements, operation and maintenance agreements, warranties, forms of security (guarantees, letters of credit), novation agreements, and bridging agreements for onshore and offshore aspects of projects.
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Since establishing GPS McQuhae LLP in November 2017, Phillip has represented clients on the following matters:

• Hong Kong listed construction company in arbitration proceedings in Hong Kong against a sub-contractor involving HK$700M (approx.) of claims arising out of works associated with the Hong Kong to Guangzhou Express Rail Link project. The claims were primarily concerned with unforeseen ground conditions, variations, delay and disruption, as well as alleged unlawful termination of the sub-contract and subsequent claims of conversion in relation to the sub-contractor’s constructional plant
• Macau main contractor in arbitration proceedings in Hong Kong against a nominated sub-contractor arising out of a HK$12B casino project. The claims were concerned with the installation of the mechanical and electrical services within the casino and involved issues of liability as and between the various sub-contractors for approximately HK$70M of damage and abortive works incurred during the fitting-out works
• Hong Kong main contractor in arbitration proceedings in Hong Kong against developer for claims arising out of residential development including claims arising out of changes to top-down foundation works
• Property Developer in arbitration proceedings concerning HK$80M dispute over a luxury property development in Hong Kong
• Incorporated Owner of a luxury private residential building in Hong Kong High Court proceedings against an architect for professional negligence in respect of building refurbishment works
• Hong Kong sub-contractor in arbitration proceedings on claims against an incorporated owner arising out of a HK$50M building refurbishment contract
• Italian contractor in litigation proceedings in the Hong Kong court concerning disputes with a sub-contractor arising out of foundation works for a power station in Hong Kong
• High Net Worth Individual in Hong Kong arbitration proceedings for claims arising out of development of residential home (value approx. HK$2.2B) against Hong Kong contractor for delay and defects
• Australian materials supplier in Hong Kong arbitration proceedings and mediation against main contractor for claims arising out of Macau casino project
• Hong Kong subcontractor in Hong Kong High Court proceedings to injunct call on performance bond and arbitration proceedings for claims arising out of Macau casino project

Pre-November 2017

Prior to establishing GPS McQuhae LLP in November 2017, Phillip was a partner at Jones Day (2010 to 2015) and Baker Botts (2015 to 2017).  He was an associate at Jones Day from 2005 to 2010 and an associate at Baker & McKenzie from 2000 to 2005.  His representative experience during this time includes the following cases:

• Korean chaebol in a successful appeal to the Hong Kong Court of Final Appeal involving the interpretation of a contract associated with dredging works for a new container port
• Korean chaebol in arbitration proceedings in Hong Kong defending claims from a property developer for alleged defects in a new property development
• Mainland Chinese contractor in Singapore arbitration under ICC Rules against a Vietnamese-Japanese joint venture cement production company to recover claims and damages arising out of the construction of a cement processing plant in Vietnam
• Australian listed company defending Hong Kong High Court proceedings brought by a joint venture partner concerning disputes arising out of the construction of a mineral processing facility in Vietnam
• Oil & Gas Major in claims against a Chinese state-owned oil company arising out of a joint investment to develop sour gas fields in Sichuan Province, PRC
• Main Contractor in proceedings commenced by a piling subcontractor in the High Court of Hong Kong seeking additional compensation for alleged additional works and loss and expense for prolongation and disruption to sub-contract works in connection with the Pok Oi Hospital Redevelopment and Expansion, Yuen Long, New Territories
• International civil engineering/contractor in and arbitration under the HKIAC Rules claiming HK$80 million for prolongation costs arising out of disruption to progress caused by unforeseen ground conditions
• International civil engineering/contractor in two related arbitrations under the HKIAC Rules defending claims brought by a sub-contractor totalling approximately HK$20M
• Contractor in an arbitration against a design landscaping sub-contractor in connection with the construction of a major theme park
• Contractor on disputes with the Hong Kong Government in relation to valuation principles under a long-term construction and maintenance contract
• PRC/Hong Kong Contractor on multiple disputes arising out of the construction of a movie production centre – disputes include claims for extensions of time and valuation of variations
• Government client defending arbitration proceedings in connection with claims arising out of the termination of a project development agreement and related mining contracts for a 1400 MW lignite-fired power plant in the Democratic Republic of Laos. The claims are in excess of US$3B. The arbitration is ad hoc and governed by the UNCITRAL Rules
• Joint venture main contractor in relation to potential arbitration proceedings under HKIAC Rules against a major Mainland Chinese bridge building subcontractor in relation to disputes arising out of HK$200M subcontract for the fabrication, assembly, delivery and installation of segments for one of the world’s longest span cable-stayed bridges being constructed in Hong Kong
• Joint venture of contractors undertaking large scale reclamation works in Hong Kong in relation to approximately HK$200M in prolongation cost claims arising out of disruption to the progress of the works
• US oil/energy company pursuing a US$60M claim for delay related damages and defending a US$50M claim by an Australian main contractor for prolongation and acceleration costs in relation to the engineering, procurement and construction of a geothermal power plant in South East Asia. The disputes and difference were successfully settled by mediation in Singapore
• Main contractor in ad hoc arbitration proceedings against a Hong Kong Statutory authority in relation to major contract packages concerning significant expansion works to Hong Kong International Airport
• Hong Kong / Singapore joint venture in relation to complex extension of time, variations and defects claims exceeding HK$500M arising out of a multi-phased residential development in Hong Kong
• Contractor in a high-profile HK$700M arbitration against the Hong Kong Housing Authority concerning defective large diameter bored pile foundation works
• Contractor in a large-scale arbitration involving a claim in excess of HK$1B against a Singaporean developer arising out of defective bored pile foundation works
• Contractor in High Court proceedings against the provider of a bond securing the performance of a sub-contractor in relation to the construction of large diameter bored piles

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Arbitration

Phillip Georgiou is an advocate for parties to domestic and international arbitration primarily in Hong Kong, Singapore and London.  His experience involves cases under prominent arbitration rules including UNCITRAL, HKIAC, SIAC, ICC and LCIA.

Clients range from multi-national corporations, private equity, funds and businesses in a variety of sectors including consulting, construction and engineering, energy, financial services, logistics, manufacturing, pharmaceutical, real estate, technology and telecommunications.

Phillip’s support includes formulating and implementing case strategies to leverage arbitration proceedings to negotiated and achieve commercial settlements.

[https://chambers.com/lawyer/phillip-georgiou-global-2:339520]  

Since establishing GPS McQuhae LLP in November 2017, Phillip has represented clients on the following matters:

• Astro v Lippo represent Astro in multiple court proceedings in Hong Kong involving the enforcement of an international arbitration award for the sum of US$130 million.  The Court of Final Appeal Hong Kong found in favour of Astro in 2018 and refused Lippo’s application for enforcement of the award.   Our current representation is focused on resolving multiple cost orders and existing interlocutory applications  
• Asia-based heavy engineering company in ICC arbitration proceedings in London involving claims arising out of a power station in Bahrain  
• Asia-based submarine cable manufacturer and supplier in LCIA arbitration proceedings in London against English wind farm developer. The dispute involved alleged defects in submarine cable spanning over 20 kilometres
• Asia-based submarine cable manufacturer in ICC arbitration proceedings in Hong Kong against Chinese communications company arising out of a consortium agreement for the supply and development of an electrical transmission system in Venezuela  
• Chinese biotech company in UNCITRAL arbitration proceedings in Hong Kong against a joint venture partner in relation to disputes arising under a share purchase agreement concerning the development of cutting-edge medical devices
• European technology company in ICC arbitration proceedings in Hong Kong against mainland Chinese telecommunications company concerning disputes arising under supply and licensing agreement  
• M&A advisory consultant in UNCITRAL arbitration proceedings in Hong Kong against a Hong Kong/Australia property development syndicate.
• Private equity partner in UNCITRAL arbitration proceedings in Hong Kong against fund formation sponsor concerning disputes arising out of Hong Kong and Cayman funds.  
• Senior management employee and shareholder in HKIAC arbitration proceedings against biotech and healthcare private equity funds for recovery of carry interest, stock options and damages for unjust enrichment
  

Pre-November 2017

Prior to establishing GPS McQuhae LLP in November 2017, Phillip was a partner at Jones Day (2010 to 2015) and Baker Botts (2015 to 2017).  He was an associate at Jones Day from 2005 to 2010 and an associate at Baker & McKenzie from 2000 to 2005.  His representative experience during this time includes the following matters:

• Hong Kong based cosmetics and nutritional supplement distributor in parallel arbitrations seated in Singapore and Tokyo in relation to claims against Japanese manufacturer resulting from the termination of global distribution agreements and pricing arrangements
• US supplier of advanced LED panels in Hong Kong arbitration against Chinese manufacturer for breach of warranty resulting in defective products and defending counterclaim alleging breach of trade secret laws
• Global media and advertising conglomerate in multiple ICC arbitration proceedings supported by Hong Kong court interlocutory applications relating to shareholder and subscription agreements, and arranged the completion of a full and final multi-jurisdictional settlement of dispute proceedings in the Cayman Islands, Hong Kong, and the PRC
• Global computer chip supplier in Singapore arbitration in relation to disputes arising out of multiple supply and purchase arrangements with a major US hard disk drive manufacturer concerning pricing disputes for read channels and ASIC control devices

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