Zulfikar Khayum practices across all areas of construction, engineering, IT and energy sectors in both the domestic and international context.
He has experience of dealing with matters in a wide range of dispute resolution procedures including litigation, arbitration, adjudication and mediation. He has experience in advising and drafting pleadings in relation to all aspects of chambers’ work. As part of his role he has been asked to advise on tactical as well as legal issues and is experienced in pre-action matters, disclosure and the settling of witness statements. He has been instructed as junior and sole counsel and appeared in a number of trials in both court and arbitration as well as at various interim hearings.
In addition to purely legal and tactical issues, Zulfikar also has experience of having to grasp the technical issues which underpin many of the cases in which he has been involved. Zulfikar has been involved in a large number of cases requiring the involvement of multiple experts of various disciplines and in particular, experts dealing with issues of quantum and delay.
Zulfikar is recommended in the most recent editions of Chambers and Partners UK as a leading junior in the field of construction.
Zulfikar is familiar with arbitration and has acted and advised in arbitrations conducted under various arbitral rules and various governing laws in various jurisdictions including:
- Instructed by an employer in relation to an EPC contract concerning the construction of an oil refinery in North Africa.
- Instructed as sole counsel in relation to disputes arising out of the construction of leisure facilities including a hotel. The dispute is governed by UAE Law.
- Instructed to appear as sole counsel by an engineering company in an ICC arbitration in relation to the provision of design, engineering and project management services with regard to the construction of a power plant in Germany. Instructed to appear at a one week hearing.
- Instructed as junior counsel in a dispute relating to the construction of an airport in the Middle East. The dispute was governed by foreign law. Instructed from the outset and appeared at an ICC arbitration hearing in the Middle East.
- Instructed as sole counsel in relation to a dispute concerning various work packages in the context of a project relating to the expansion and refurbishment of an oil refinery in North Africa. Instructed to appear at a final LCIA arbitration hearing.
- Instructed as junior counsel by an EPC contractor in relation to the upgrading and expansion of various items of mining equipment at a mine in Mozambique. Instructed to settle documents and appear at an ICC arbitration hearing in London.
- Instructed as junior counsel by an investment fund in respect of a matter relating to the sale and purchase of solar panel production lines to an SPV. Instructed to appear at a two week hearing in Hong Kong and to prepare associated submissions. The dispute was governed by Hong Kong law;
- Instructed as junior counsel by the Hong Kong government in an HK$800M arbitral claim made by a JV consortium in respect of a road construction project which was to be heard in three tranches. Involved in all aspects of the case and appeared at the first tranche five-week hearing. Following closing submissions, the matter was settled. The dispute was governed by Hong Kong law and the seat of the arbitration was also Hong Kong.
- Instructed as junior counsel in an SCMA dispute governed by Singapore Law concerning the wholesale conversion of a semi-submersible oil rig in a Rotterdam shipyard. The dispute concerned issues of variations, loss and expense and delay. Involved in providing advice, drafting pleadings, drafting disclosure requests and settling witness statements in London, Rotterdam and Singapore. Was involved in multiple substantive hearings over a three year period.
- Instructed as junior counsel in a four week ad-hoc arbitration concerning the construction of a private residence in the Bahamas governed by Bahamian Law.
CONSTRUCTION, ENGINEERING AND INFRASTRUCTURE
Zulfikar has experience of a wide range of claims and disputes arising in the construction and engineering context. Disputes have ranged from single domestic dwellings to large commercial developments including energy related projects such as power plants and waste processing facilities. He has experience of the following types of claim:
- Disruption, loss and expense
- Delay, extension of time and liquidated damages
- Final account and variations
- Professional negligence of contractors, engineers, architects and solicitors
- Claims arising from joint ventures
- Construction and enforcement of performance bonds
- Contribution claims
- Nuisance claims
Zulfikar has also advised on issues of contract formation, letters of intent, construction of terms, indemnity clauses, misrepresentation, interim injunctions, expert evidence, limitation issues and conflicts of law including jurisdiction and substantive law issues. He has knowledge of the main standard forms of contract and sub-contract including JCT, NEC, GC/Works, DOM/1, GCC (Hong Kong) and FIDIC.
He is regularly instructed to appear in the High Court. Examples of his recent work include:
- Instructed as counsel in a substantial PFI dispute relating to highways management.
- Instructed as junior counsel in a claim made against a contractor in relation to the design and construction of a waste processing facility;
- Instructed as sole counsel representing a specialist flooring subcontractor in relation to a claim for breach of warranty.
- Instructed as sole counsel in a two day trial in the County Court on a preliminary issue concerning the identity of the parties to a contract and its terms.
- Instructed as junior counsel in a commercial fraud case listed to be heard in the Chancery Division. The claim was compromised following the service of written opening submissions.
- Instructed as junior counsel representing a firm of architects in relation to unpaid invoices and issues of contractual interpretation and fraudulent misrepresentation. Instructed to appear at trial and to make sole appearances in the High Court in respect of a number of interim applications.
Zulfikar is familiar with adjudication and the relevant statutory instruments. He co-authored an article for a Canadian law journal dealing with adjudication and some of the proposed changes in the draft Construction Contracts Bill, now implemented as Part 8 of the Local Democracy, Economic Development and Construction Act 2009.
He has acted and advised in respect of adjudications conducted under various rules and has experience at all stages of the process, including: pre-action tactical advice relating to adjudication commencement; advising and settling notices of adjudication, referral notices and other documents; advising on issues of jurisdiction; advising on resisting adjudication awards in the TCC; and appearing in the High Court to resist and enforce adjudicators awards.
INFORMATION TECHNOLOGY AND TELECOMMUNICATIONS
Zulfikar has experience of bespoke contracts in the IT industry and has advised on issues of contractual interpretation arising from an IT master services agreement and statement of works. In addition he was instructed by the UK government in a large dispute regarding the supply, design, integration and operation of a major nationwide IT infrastructure project.
Zulfikar has drafted pleadings and advised on claims regarding breach of contract, professional negligence (including directors liability) and restitution. He also has experience of equitable claims and remedies including those arising from trusts and proprietary estoppel and other claims arising out breach of fiduciary duties in cases of commercial fraud.