{"id":7,"date":"2019-05-13T21:35:36","date_gmt":"2019-05-13T21:35:36","guid":{"rendered":"http:\/\/aeberli.com\/?page_id=7"},"modified":"2025-07-04T12:22:05","modified_gmt":"2025-07-04T11:22:05","slug":"profile","status":"publish","type":"page","link":"https:\/\/aeberli.com\/?page_id=7","title":{"rendered":"Profile"},"content":{"rendered":"<p><strong>PETER AEBERLI<\/strong><\/p>\n<p><strong><b>MA(Edin), BA(Oxon) Dip Arch, Dip ICArb, RIBA\/ARIAS (1979 to June 2025), ACE, FCIArb.<\/b><br \/>\n<b>Barrister, Chartered Arbitrator, Adjudicator, Accredited CEDR Mediator<\/b><br \/>\n<\/strong><\/p>\n<table>\n<tbody>\n<tr>\n<td valign=\"top\"><strong>Nationality<\/strong><\/td>\n<td valign=\"top\">Canadian of Swiss descent.<br \/>\nResident in the United Kingdom<\/td>\n<\/tr>\n<tr>\n<td valign=\"top\"><strong>Address (business)<\/strong><\/td>\n<td valign=\"top\">3 Paper Buildings<br \/>\nLondon<br \/>\nEC4Y 7EU<br \/>\nUnited Kingdom<\/td>\n<\/tr>\n<tr>\n<td valign=\"top\"><strong>Tel. Number (business)<\/strong><\/td>\n<td valign=\"top\">+44 (0) 207 583 8055<\/td>\n<\/tr>\n<tr>\n<td valign=\"top\"><strong>Fax Number (business)<\/strong><\/td>\n<td valign=\"top\">+44 (0) 207 353 6271<\/td>\n<\/tr>\n<tr>\n<td valign=\"top\"><strong>E-mail Address<\/strong><\/td>\n<td valign=\"top\"><a href=\"mailto:pda@aeberli.com\">pda@aeberli.com<\/a><\/td>\n<\/tr>\n<tr>\n<td valign=\"top\"><strong>Web site<\/strong><\/td>\n<td valign=\"top\"><a href=\"http:\/\/aeberli.com\/\">www.aeberli.com<\/a>;\u00a0<a href=\"http:\/\/www.3pb.co.uk\">www.3pb.co.uk<\/a><\/td>\n<\/tr>\n<tr>\n<td valign=\"top\"><strong>Professional Qualifications<\/strong><\/td>\n<td valign=\"top\">Barrister at law &#8211; Middle Temple<br \/>\nFellow of the Chartered Instituted of Arbitrators and Chartered Arbitrator<br \/>\nAccredited CEDR Mediator<br \/>\nDiploma in International Commercial Arbitration<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n<h3>Work as counsel<\/h3>\n<p>Work as counsel includes advising on and appearing principally on construction and arbitration related matters in the Technology and Court Court (TCC) and the County Courts, has also appeared in the Court of Appeal (<a href=\"http:\/\/www.i-law.com\/ipiportal\/doc.do?citation_dest=BLR-2006010299+&amp;process=search&amp;new_search=true&amp;from_search=true&amp;searchdocnum=1\"><i>TWF Printers Ltd v. Interserve Project Services <\/i><\/a>[2006] BLR 299).\u00a0 Receives instructions to draft contractual documentation including amendments to JCT contracts.\u00a0 Advises and represents parties in arbitration, adjudication and mediation proceedings.<\/p>\n<p>Overseas work has included advising parties in Latvia, Vietnam and in South Africa on contractual (FIDIC) and arbitration matters.<\/p>\n<h3>Dispute Resolution Experience<\/h3>\n<p>Experienced arbitrator, adjudicator and mediator receiving appointments by party agreement and from bodies such as the ICC (sole arbitrator and president), LCIA (sole, presiding and wing arbitrator), FIDIC, Engineer\u2019s Ireland, the CIArb, RICS and RIBA. Has been invited by ICDR (American Arbitration Association) to chair a tribunal, but had to decline, for personal reasons.<\/p>\n<p><strong>Arbitrator<\/strong>\u00a0on in excess of 75 construction disputes in both two party and multi-party matters, a few involving public bodies, conducting hearings from a few days to four weeks or so, disputes of up to about \u00a325 million and projects up to about \u00a3100million: \u201c<i>We would also like to convey our thanks to the Arbitrator \u2026 We look forward to working again with the Arbitrator soon.<\/i>\u201d (London city solicitors).<\/p>\n<p><strong>Adjudicator<\/strong>\u00a0on in the region of 350 construction disputes involving claims up to about \u00a318 million and projects up to about \u00a3100 million: &#8220;<i>The adjudicator decided, in what both parties accepted was a thorough and well reasoned decision, \u2026. that the defendant had to pay the claimant the sums for which I have given summary judgment.<\/i>\u201d <i>Knight v. Urvasco<\/i> [2008] EWHC 3956.\u00a0 \u201c<i>I would like to express my appreciation of the proficient approach and treatment by the one member DAB &#8230;<\/i>\u201d (Eastern European State entity).<\/p>\n<p><strong>Mediator<\/strong> on in excess of 60 construction and other disputes involving both two and multi parties, some involving public bodies, and claims up to about \u00a35 million: \u201c<em>Thank you very much indeed for your assistance yesterday. &#8230; we could not have got there without your skill and persistence.<\/em>\u201d (London city solicitors).<\/p>\n<p>Disputes on which Peter has acted, have involved:<\/p>\n<ul>\n<li aria-level=\"1\">Legal issues and contract interpretation.<\/li>\n<li aria-level=\"1\">Development agreements.<\/li>\n<li aria-level=\"1\">PFI Projects.<\/li>\n<li aria-level=\"1\">Technical and scientific issues, such as paint, roofing, cladding, glazing, corrosion, mechanical and electrical and structural defects, fire resistance and compartmentation.<\/li>\n<li aria-level=\"1\">Infrastructure and civil and structural engineering disputes including concrete structures, piles, roads, bridges, power stations (including nuclear power stations), bio-mass facilities, airport runways, sewers, defence establishments,\u00a0 liquefied gas facilities, water treatment works, waste to energy, flood defences and process engineering (biodiesel feed stock).<\/li>\n<li aria-level=\"1\">Environmental (including nuclear) issues.<\/li>\n<li aria-level=\"1\">Marine equipment, jetty and harbour work (dredging and blasting); Railways (infrastructure, computer equipment and rolling stock).<\/li>\n<li aria-level=\"1\">Professional negligence.<\/li>\n<li aria-level=\"1\">Delay and programming issues and disruption and delay costs.<\/li>\n<li aria-level=\"1\">Quantity surveying issues including interim and final account valuation.<\/li>\n<li aria-level=\"1\">High value\/specification (up to \u00a340 million at 2000 prices) residential properties.<\/li>\n<li aria-level=\"1\">Commercial agency agreements<\/li>\n<li aria-level=\"1\">International commercial disputes including as arbitrator under ICC rules, LCIA rules and UNCITRAL Rules and as FIDIC dispute board.<\/li>\n<\/ul>\n<p>Peter has also mediated disputes outside the construction sector, including in regard to wills, landlord and tenant, sale of goods, and passing off and is identified in the Bar Council list of mediators under the most experienced category.<\/p>\n<h3>Panel Listings<\/h3>\n<p>LCIA, CIArb (including NHBC), Engineers\u2019 Ireland, Law Society, RIBA, CEDR, RICS (select and fast track) and Access Disputes Committee (railways) panels of arbitrators.<br \/>\nCIArb, RIBA, RICS (including Scotland), ICE, CEDR, TeCSA, Construction Confederation, Construction Industry Council, Association of Independent Construction Adjudicators, Royal Incorporation of Architects in Scotland (RIAS) and CIOB panels of adjudicators.\u00a0 Construction Contracts Adjudication Panel (Ireland) &#8211; to June 2025.<br \/>\nICC Canadian National Committee Panel of International Commercial Arbitrators.<br \/>\nICDR (American Arbitration Association) roster of international arbitrators<br \/>\nInternational Institute for Conflict Prevention &amp; Resolution (CPR) Roster of arbitrators and mediators.<\/p>\n<p>FIDIC President\u2019s List of Dispute Adjudicators. RICS, accredited Dispute Board Member (Category A, party appointed, chair and sole member).<\/p>\n<p>Named or listed as an adjudicator in respect of a number of high value and prestigious contracts, including a major development by a top premier league football club, a PFI waste management project in Wakefield, a waste to energy project in Scotland, a biomass facility in the north of England, a Project Agreement, PFI Construction Contract, Interface Agreement and Facilities Management Contract for social housing on a number of sites in the North of England, London Crossrail, the London 2012 Adjudication Panel and T5 (Heathrow Terminal 5).<\/p>\n<h3>Professional Memberships and official positions held<\/h3>\n<p>RIBA, RIAS, ACE, FCIArb, Barrister<br \/>\nVisiting senior lecturer at Kings College Centre of Construction Law and Management, teaching construction law, arbitration and dispute resolution and\u00a0 Course director for Module D of the MSc Course \u2013 Arbitration and dispute resolution module: 2002-2013.<br \/>\nJoint Secretary of the Joint Contracts Tribunal (JCT): 1995 to 1998.<br \/>\nCases editor on the Arbitration and Dispute Resolution Law Journal:\u00a0 1994 to 2000<br \/>\nMember of the drafting committee for the Construction Industry Model Arbitration<br \/>\nRules (CIMAR).<br \/>\nMember of ICC Commission on Arbitration and ICC Task Forces on Reducing Costs in Complex Arbitrations and on Maximizing the Probative Value of Witness Evidence.<br \/>\nWorshipful Company of Arbitrators (liveryman).<\/p>\n<h3>General Availability<\/h3>\n<p>Principally UK, Ireland and Europe, including eastern Europe.<\/p>\n<h3>Background and Career summary<\/h3>\n<p>Prior to reading law as a scholar at Hertford College, Oxford in the late 1980s, worked with a multi-disciplinary consultancy as a project architect on medium and large developments including hospitals, schools, housing, offices and structures for the Ministry of Defence.<\/p>\n<p>Converted to reading Architecture at Edinburgh University after starting a degree in Science (Chemistry) at St Andrew\u2019s University.<\/p>\n<p>1978-1987: Architect, principally with Building Design Partnership, but for a period as a Lecturer in Architecture at Edinburgh University in design and building construction.<br \/>\n1987-1989: Hertford College, Oxford, Scholar, Gibbs Prize, <i>proxime assessit<\/i>.\u00a0 Also during this time and for a year or so after, a part time lecturer in building construction at Oxford Polytechnic, now Oxford Brooks University.<br \/>\n1989-1991: Bar school and pupillage, including at Atkin Chambers, London.<br \/>\nSince 1991: In private practice as a barrister, arbitrator, mediator and adjudicator.<br \/>\n1995-2018: Visiting senior lecturer for the Kings College Centre of Construction Law MSc in Construction Law and Dispute Resolution, and sometime Course Coordinator for Part D: Arbitration and Dispute Resolution.<\/p>\n<h3>Notable projects<\/h3>\n<p>Projects on which Peter Aeberli has been appointed as tribunal or instructed as counsel have included port facilities in Ghana and in England; roads, sewers, including in Bulgaria; remediation of nuclear contamination; hotels and office complexes, railway rolling stock, housing; the value of projects ranging in value up to about \u00a3100 million and disputes up to about \u00a310 million.\u00a0 Peter Aeberli also devised and ran, on behalf of various professional bodes in Ireland including the RIAI, Engineers\u2019 Ireland and the Bar Council, the Adjudication Conversion Course in preparation for the introduction of statutory adjudication of construction disputes in Ireland and, for the Irish Law Society, a training course for representatives in Construction Adjudication. In 2018 he devised and ran for the BPP law school a five day course on international arbitration for a group of visiting Chinese lawyers.<\/p>\n<h3>Language Capability<\/h3>\n<p>English (mother tongue)<\/p>\n<p>A selection of Arbitrations on which Peter Aeberli has been appointed within the last few years include:<\/p>\n<blockquote><p>LCIA appointment (sole arbitrator UNCITRAL rules): English Consultant; Civil law country local authority, about \u20ac200k.<\/p>\n<p>LCIA appointment (wing arbitrator LCIA rules): Caribbean developers and contractors, multi-party dispute: Principally declaratory.<\/p>\n<p>LCIA appointment (presiding arbitrator LCIA rules): Chinese supplier\/developer, English distributor.<\/p>\n<p>LCIA appointment (sole arbitrator UNCITRAL rules); Gibraltar and UK commercial parties.<\/p>\n<p>ICC appointment (sole arbitrator). Construction work in the Caribbean, about $2.5 million in dispute.<\/p>\n<p>ICC appointment (party nominated arbitrator). Construction work in Africa, about \u20ac3 million in dispute<\/p>\n<p>ICC appointment (party nominated arbitrator). Construction of Hospitals in Africa, about \u00a325 million in dispute.<\/p>\n<p>ICC appointment (sole arbitrator): English motor dealer, Italian organiser of sporting activities, about \u20ac120k<\/p>\n<p>ICC appointment (chair): US ship-owner; Eastern European ship yard. About \u20ac300k. Withdrawn due to failure to pay advances shortly after provision of Terms of Reference and First Procedural Order.<\/p>\n<p>ICC appointment (President): Israeli Power Company, US manufacturer, about US$ 28 million. Appointment did not proceed as before confirmed parties resolved their difficulties.<\/p>\n<p>Agreed appointment: English local authority and contractor: About \u00a3300k. Agreed appointment: English internationally renowned food emporium and contractor: About \u00a3200k.<\/p>\n<p>Agreed appointment: English local authority and various tenants of facility subject to local authority closure orders, about \u00a31.5 million.<\/p>\n<p>Agreed appointment: Joint Venture contractor and English local authority, PFI Schools project, about \u00a3800,000.<\/p>\n<p>Engineer\u2019s Ireland Appointment. Civil law country train manufacturer and State Entity. Dispute about alleged defective trains and rolling stock: about \u20ac10 million.<\/p>\n<p>LCIA appointment (sole arbitrator UNCITRAL rules):\u00a0 English Consultant; Civil law country local authority, about \u20ac200k.<\/p>\n<p>LCIA appointment (wing arbitrator LCIA rules): Caribbean developers and contractors, multi-party dispute:\u00a0 Principally declaratory.<\/p>\n<p>LCIA appointment (presiding arbitrator LCIA rules):\u00a0 Chinese supplier\/developer, English distributor.<\/p>\n<p>LCIA appointment (sole arbitrator UNCITRAL rules); Gibraltar and UK commercial parties.<\/p>\n<p>ICC appointment (sole arbitrator).\u00a0 Construction work in the Caribbean, about $2.5 million in dispute.<\/p>\n<p>ICC appointment (party nominated arbitrator).\u00a0 Construction work in Africa, about \u20ac3 million in dispute<\/p>\n<p>ICC appointment (party nominated arbitrator).\u00a0 Construction of Hospitals in Africa, about \u00a325 million in dispute.<\/p>\n<p>ICC appointment (sole arbitrator):\u00a0 English motor dealer, Italian organiser of sporting activities, about \u20ac120k<\/p>\n<p>ICC appointment (chair):\u00a0 US ship-owner; Eastern European ship yard.\u00a0 About \u20ac300k.\u00a0 Withdrawn due to failure to pay advances shortly after provision of Terms of Reference and First Procedural Order.<\/p>\n<p>ICC appointment (President):\u00a0 Israeli Power Company, US manufacturer, about US$ 28 million.\u00a0 Appointment did not proceed as before confirmed parties resolved their difficulties.<\/p>\n<p>Agreed appointment:\u00a0 English local authority and various tenants of facility subject to local authority closure orders, about \u00a31.5million.<\/p>\n<p>Agreed appointment:\u00a0 Joint Venture contractor and English local authority, PFI Schools project, about \u00a3800,000.<\/p>\n<p>Engineer\u2019s Ireland Appointment. Civil law country train manufacturer and State Entity.\u00a0 Dispute about alleged defective trains and rolling stock: about \u20ac10 million.<\/p>\n<p>RIBA appointment:\u00a0 Scottish Contractor and English Sub-contractor:\u00a0 Construction Dispute, about \u00a33.5million.<\/p>\n<p>RIBA appointment:\u00a0 English Developer and Contractor:\u00a0 about \u00a3100k claim, \u00a3400k counterclaim.<\/p>\n<p>Law Society Appointment:\u00a0 English vendor and English purchaser of property in Soho.<\/p>\n<p>RICS appointment:\u00a0 English developer and contractor:\u00a0 About \u00a38 million;<\/p>\n<p>Law Society Appointment: English vendor and English purchaser of property in Soho.<\/p>\n<p>RICS appointment: English developer and contractor: About \u00a38 million<\/p><\/blockquote>\n<p>A selection of Adjudications\/DBs on which Peter Aeberli has been appointed within the last few years include:<\/p>\n<blockquote><p>RICS nomination: Pubic building in Scotland, alleged design\/construction defects; \u00a318 million claimed.<\/p>\n<p>RICS nomination: Cladding dispute, 25 story block in London; Declaratory<\/p>\n<p>CIC nomination:\u00a0 Transnational gas pipeline:\u00a0 NEC 3 amended; about \u00a38 million claimed.<\/p>\n<p>ICE nomination:\u00a0 Off-shore harbour works in Scotland:\u00a0 FIDIC Dredging and Reclamation works:\u00a0 \u20ac16 million claimed.<\/p>\n<p>ICE nomination:\u00a0 DB: Roadworks in Eastern European Country:\u00a0 \u00a0 FIDIC Red Book; about \u20ac3 million claimed plus EoT.<\/p>\n<p>ICE nomination: Flood defence project in Scotland: NEC, declaratory.<\/p>\n<p>ICE nominations:\u00a0 Various adjudications under an NEC3 Subcontract with Dispute Option W1 concerning a non-European nuclear power station.<\/p>\n<p>LCIA nomination:\u00a0 Underground railway station:\u00a0 NEC subcontract, about \u00a3800k claimed.<\/p>\n<p>RICS nomination: Scottish School: Alleged subsidence, about \u00a34 million claimed;\u00a0 Reported at<i> Transform Schools (North Lanarkshire) Limited v Balfour Beatty Construction Limited<\/i> [2020] CSOH 19.<\/p>\n<p>RICS nomination:\u00a0 Liquefied Natural Gas plant:\u00a0 Bespoke terms:\u00a0 Termination and account; About \u00a36.5 million claimed;<\/p>\n<p>ICE nomination:\u00a0 Ground and landscaping works:\u00a0 NEC3 amended: Final account, about \u00a34 million claimed;\u00a0 <i>John Doyle Construction Limited v. Erith Contractors Limited<\/i> [2020] EWHC 2451 [35].<\/p>\n<p>Agreed nomination:\u00a0 \u00a350 million Materials Jetty associated with construction of a nuclear facility:\u00a0 NEC 3 amended, entitlement to levy liquidated damages; about \u00a31.5 million in dispute.<\/p>\n<p>Agreed nomination:\u00a0 Higher education facility:\u00a0 Engineering services;\u00a0 Bespoke agreement.\u00a0 About \u00a33 million claimed for delays;<\/p>\n<p>Agreed nominations:\u00a0 Bespoke contract; Waste to energy facility in Scotland, various disputes.<\/p>\n<p>LCIA nomination:\u00a0 Station tunnelling:\u00a0 NEC3 amended;\u00a0 Account, about \u00a312 million claimed;<\/p>\n<p>Agreed nomination:\u00a0 Nuclear facility:\u00a0 NEC3 amended. Alleged compensation events, about \u00a3800k claimed;<\/p>\n<p>TecSA nomination:\u00a0 Term contract for services: Bespoke terms:\u00a0 Account, about \u00a3350k claimed;<\/p>\n<p>TecSA nomination:\u00a0 NEC 3 Option D, as amended.\u00a0 Nuclear power plant; about \u00a3350,000.00 claimed, some in Euros.<\/p>\n<p>RICS nomination:\u00a0 Central London offices:\u00a0 JCT terms;\u00a0 Post termination account; about \u00a36 million claimed;<\/p>\n<p>ICE nomination:\u00a0 Tram facility: JCT terms:\u00a0 Declaratory as to alleged defects;<\/p>\n<p>ICE nomination:\u00a0 Process plant:\u00a0 Bespoke EPC contract:\u00a0 About \u00a31.8 million claimed for alleged defects;<\/p>\n<p>CIArb nomination:\u00a0 Northern Ireland infrastructure:\u00a0 Bespoke design build and operate contract; Declaratory as to long term obligations;<\/p>\n<p>Agreed nomination:\u00a0 Residential and commercial M&amp;E services:\u00a0 Bespoke terms:\u00a0 \u00a36 million claimed:<\/p>\n<p>ICE nomination:\u00a0 Airport runway:\u00a0 NEC3 amended:\u00a0 Declaratory as to time;<\/p>\n<p>RICS nomination:\u00a0 Office project: JCT as amended:\u00a0 Alleged glazing defects, about \u00a3650k claimed.<\/p>\n<p>TecSA nomination:\u00a0 \u00a350 million Data Centre:\u00a0 JCT DB (2011) as amended: \u00a36.5 million claimed.<\/p><\/blockquote>\n<p>Download a <a href=\"http:\/\/aeberli.com\/wp-content\/uploads\/2025\/07\/CV-2025b.pdf\">printable PDF version<\/a>.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>PETER AEBERLI MA(Edin), BA(Oxon) Dip Arch, Dip ICArb, RIBA\/ARIAS (1979 to June 2025), ACE, FCIArb. Barrister, Chartered Arbitrator, Adjudicator, Accredited CEDR Mediator Nationality Canadian of Swiss descent. Resident in the United Kingdom Address (business) 3 Paper Buildings London EC4Y 7EU United Kingdom Tel. Number (business) +44 (0) 207 583 8055 Fax Number (business) +44 (0) [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_genesis_hide_title":false,"_genesis_hide_breadcrumbs":false,"_genesis_hide_singular_image":false,"_genesis_hide_footer_widgets":false,"_genesis_custom_body_class":"","_genesis_custom_post_class":"","_genesis_layout":"","footnotes":""},"class_list":["post-7","page","type-page","status-publish","entry"],"_links":{"self":[{"href":"https:\/\/aeberli.com\/index.php?rest_route=\/wp\/v2\/pages\/7","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/aeberli.com\/index.php?rest_route=\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/aeberli.com\/index.php?rest_route=\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/aeberli.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/aeberli.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=7"}],"version-history":[{"count":10,"href":"https:\/\/aeberli.com\/index.php?rest_route=\/wp\/v2\/pages\/7\/revisions"}],"predecessor-version":[{"id":130,"href":"https:\/\/aeberli.com\/index.php?rest_route=\/wp\/v2\/pages\/7\/revisions\/130"}],"wp:attachment":[{"href":"https:\/\/aeberli.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=7"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}