Suryen C Nullatamby

Solicitor, Adjudicator and Arbitrator LLB(Hons) BVC PGDip MSc FCIArb Dip.RICS

 

Suryen is a dual-qualified as Barrister and Solicitor-Advocate specialising in Construction Law and Dispute Resolution, with over 14 years post-qualification experience in both common-law and civil-law jurisdictions. A member of various panels and nomination bodies, Suryen accepts appointments as Adjudicator and Arbitrator from parties and adjudication nomination bodies.

Suryen is an expert practitioner who represents clients in a range of construction and engineering projects of varying size and complexity and dispute resolution, adjudication and arbitration. He acts for main contractors, sub-contractors, employers, construction professionals, public bodies and developers on both contentious and non-contentious matters and acts under both common law and civil codes.

 

Suryen’s experience in dispute work includes acting on behalf of either referring or responding parties in over 80 construction adjudications, 7 of which were reported at enforcement stage. His notable engagements in construction adjudication, arbitration and litigation include:

  • acting as party presentative (for contractors, sub-contractors and employers) in a number of interim payments and final account disputes under both bespoke and the JCT standard forms of contract;

  • acting for a contractor claiming under the NEC3 Engineering Contract and dealing issues of suspension, mobilisation, overheads and assessment of compensation events;

  • acting for an employer in a final account dispute on a super-prime residential project including issues of delay and liquidated damages;

  • acting for a large contractor in a high value final account claim including issues of variations, omission, defects, condition precedents and instructions;

  • advised and acted for a contractor defending a delay and defects claim;

  • acting for a contractor on a major hotel project on both interim and final accounts disputes and including obtaining a freezing injunction against the employer;

  • acting for contractors and sub-contractors on new-build projects on matters involving design and defects, incorrect setting out and DPC issues;

  • assisted in a delay, damages and wrongful  termination claim under FIDIC for a contractor against a sovereign state;

  • advising an employer on notice of dissatisfaction, limitation and the validity and enforceability of DAB decisions and awards;

  • advising a contractor on the impact of notice provisions for time and money claims under the FIDIC Contract, the impact of time-bar and the prevention principle;

  • advising a contractor on arbitration proceedings under FIDIC, counterclaims and the differing standards applied by a tribunal a national court, and

  • acted as party presentative for clients in a number of  mediation.

 

PANEL ACCREDITATIONS

  • Hunt ADR Adjudication Panel

  • CIArb Fellow & Member of the Business Arbitration Panel

  • UK Adjudicators Panel

  • Construction Plant-Hire Association’s Adjudicators Panel

 

COURT AND ADMISSIONS

  • Solicitor of the Senior Courts of England and Wales

  • Higher Court Rights of Audience (Civil Proceedings)

  • Fellow of the Chartered Institute of Arbitrators

  • Called to the Bar by the Honourable Society of Lincoln’s Inn

  • Called to the Bar by the Mauritius Supreme Court

 

EDUCATION

  • MSc in Construction Law and Dispute Resolution, King’s College London

  • Diploma in Adjudication in the Construction Industry  Royal Institution of Chartered Surveyors (RICS)

  • Bar Vocational Course, The City Law School, City University

  • LLB (Honours), University of East London