Khizar Arif, a Solicitor Advocate, has over 20 years of experience in commercial transactions, dispute resolution and litigation.
Khizar has worked at various respectable commercial law firms and in-house at shipping and metals trading companies in the City of London and in Hamburg, He has a distinguished reputation for complex, multi-party, high-value, cross-border commercial work, international commodities trade and shipping disputes, and energy, property, construction and technology matters.
He has a particular interest in renewable energy (transactional work and disputes) including wind parks (having worked at a global law firm on various European and Asian offshore wind projects), solar, hydrogen, wave and biomass. His expertise includes transport and installation charterparties, land agreements, supply agreements, construction, operation and maintenance contracts, power purchase agreements, direct agreements/guarantees and regulation; and his clients include all project stakeholders such as sponsors, developers, suppliers, T&I vessel owners/ charterers, manufacturers, operators, borrowers and lenders.
Khizar has many years of experience in dispute management, including representation in adjudication (e.g. DAB), mediation, arbitration and court proceedings. He is an astute negotiator and an effective litigator who provides reliable advice on often multi-layered and technically complex issues.
Experience
Transactional
- Drafted, reviewed and negotiated terms of preferred-bidder, monopile supply, transport and installation, construction, cabling, direct agreements/guarantees and power purchase agreements for various offshore wind projects.
- Drafted and reviewed a contract based on a BIMCO Supplytime Charterparty for the transfer of a WTG-Installation Vessel and harmonisation with various FIDIC-Standard clauses for a proposed German offshore wind park in the Baltic Sea.
- Advised on various issues concerning permit requirements and cabotage issues under maritime law for offshore wind project.
- Prepared the terms and conditions of a contract for the EPCI of a pier for a Floating Storage and Regasification Terminal in Wilhelmshaven, Germany based on FIDIC Red 1999.
- Review of construction and installation contracts and related documentation and prepared a due diligence report in connection with a geothermal project in Germany.
- Drafted and reviewed terms and conditions of a power purchase agreement for solar (PV) project, including commercial operation, delivery schedule, penalties for under delivery, payment and termination terms.
- Reviewed and revised the commercial attachments of a model contract for the procurement of various components of an offshore wind farm.
- Advised on logistics conditions, customs and import issues in the context of an offshore wind project in Taiwan.
- Reviewed charter party terms and conditions and note of potential claims for late provision of an installation vessel by vessel owners.Disputes
- Managed claims (inc. drafting, substantiation and negotiation)- tracked downtimes during T&I campaign, handled extension of time and costs claims during construction phase and managed amendments and settlements.
- Advised a Contractor in respect of various common law issues against a state agent Employer in EUR30m ad hoc arbitration claim based on breach of a FIDIC Silver Book 1999-based construction contract for emissions reduction works at a power plant.
- Negotiated terms of a settlement contract for the repair of a damaged submarine cable for an offshore wind project in Taiwan.
- Represented a UK claimant in a complex GBP1.2bn cross border partnership/ real estate dispute against multiple UAE based parties in the High Court and in the Court of Appeal.
- Advised a New York health consultancy services provider on its claim for USD50m for breach of a services contract by an agency of a state in the Middle East in the Commercial Court.
- Acted for an Italian industrial electrical equipment supplier against a Dubai based EPC services provider for breach of contract in ICC arbitration proceedings.