Kristian Cywicki

Kristian Cywicki Dechert international arbitration lawyer Dubai

Kristian Cywicki

Associate

Dubai | Unit 501, Level 5, Precinct Building 2, Dubai International Financial Centre, PO Box 506675, Dubai, United Arab Emirates
+971 4 425 6333 | +971 4 425 6301

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Kristian Cywicki focuses his practice on international arbitration, and advising on the legal aspects of construction and engineering projects in the Middle East. 

Mr. Cywicki’s experience encompasses two main areas: first, construction dispute resolution (with a focus on international arbitration) and, secondly, advising clients in a "project counsel" capacity. He is experienced in construction dispute management (and avoidance) and providing contract advice. 

Additionally, Mr. Cywicki has experience in providing non-contentious major project advice, with a focus on infrastructure.

Experience
Construction/Engineering, Civil Infrastructure and Energy

  • Advising a well-known international contractor in relation to a claim for extension of time, and investigating the possible causes of delay, in connection with a high value renewable energy project in South-East Asia.
  • Representing a contractor in relation to prolongation costs and acceleration claims against a head contractor joint venture in connection with an airport project based in the UAE.
  • Providing ongoing advice and strategic input to a construction joint venture in connection with its claims (amounting to AED 2.5 billion) and defending claims (amounting to AED 2 billion) arising in relation to a supertall tower in Dubai.
  • Representing a well-known UAE-based contractor in arbitral proceedings against a principal in connection with a final account claim arising from the construction of a luxury hotel property in Dubai.
  • Defending a UAE-based contractor against delay and variation claims brought by a cladding subcontractor in relation to the construction of a residential tower in Dubai.
  • Representing a UAE-based head contractor to resist an action commenced against it in the UAE local courts by a subcontractor in connection with a contract for the design, engineering, construction and commissioning of a gas pipeline in the UAE.
  • Advising one member of a joint venture in relation to a dispute about the scope of work to be performed under a consortium agreement in connection with an expansion package for an oil processing plant in the UAE.
  • Advising a head contractor in relation to defect claims made by the employer arising from the construction of an office building in Dubai.
  • Providing contract advice to an iron ore mining principal faced with several delay and disruption claims (totalling almost USD 600 million) from a head contractor in connection with work performed under an EPC Contract.
  • Acting for a head contractor in resisting a delay/disruption claim brought by a subcontractor in connection with a contract for the supply of quarried rock for an LNG Project.
  • Assisted in acting for a principal in resisting delay and variation claims brought by a head contractor in relation to the construction of a gas pipeline.

Real Estate

  • Representing a Dubai government-controlled entity in two DIAC arbitrations against a private property developer in relation to a dispute arising under separate agreements for the sale and purchase of land for development.  The dispute involved claims for more than AED 600 million.
  • Representing a UAE government-controlled entity in a DIAC arbitration against a private property purchaser in relation to the sale and purchase of a plot of land in Dubai.
  • Advising a UAE government-controlled entity in five separate arbitration proceedings against private property developers in relation to the sale and purchase of plots of land in Dubai.
  • Advising a UAE government-controlled entity in relation to long-standing disputes against a sub-developer arising out of 96 separate sale and purchase agreements (with development obligations).

Commercial

  • Representing a Saudi Arabian company (a diversified conglomerate) in DIFC-LCIA arbitration proceedings against a UAE-based company arising out of the attempted termination of a shareholders’ agreement.
  • Advising a Lebanese-based bank on enforcement of a Beirut Court of Appeal judgment against a high net worth individual resident in the UAE.
  • Advising a free zone LLC in relation to the attempted termination by a counterparty of a joint venture agreement.

Includes matters handled at Dechert or prior to joining the firm.

Education
  • University of Western Australia, B.Sc., 2007
  • University of Western Australia, LL.B., 2011, Distinction
Admissions
  • Supreme Court of Western Australia, 2012
  • High Court of Australia , 2012
Memberships
  • Member, Society of Construction Law Gulf (October 2016 – present)
  • Member, Society of Construction Law Australia (August 2011 – May 2016)
  • Committee member, Anglo-Australasian Lawyers Society (Western Australia) (2015, 2016)
  • Committee member, Perth Centre for Energy and Resources Arbitration, Conferences and CLE committee (2015, 2016)