International Construction and Infrastructure

In the global construction and infrastructure arena, where projects span borders, legal systems and technical demands, BakerHostetler provides the strategic leadership and industry‑grounded advocacy needed to guide our clients and advance their commercial interests throughout the entire life cycle of major cross‑border projects – from early‑stage planning and procurement through contract administration and dispute resolution.

Our International Construction and Infrastructure team offers full-suite capabilities for global construction and engineering companies, project sponsors, lenders, investors, sovereign states and state-owned entities to structure and negotiate contracts that allocate risk efficiently and position projects for long‑term success. Our experience spans infrastructure projects across the globe, including major engineering, procurement and construction (EPC); engineering, procurement and construction management (EPCM); design‑build; and operations and maintenance (O&M) undertakings in diverse legal environments.

We understand the commercial imperatives of employers, contractors and investors, and we bring a result-oriented, pragmatic approach to protecting our clients’ interests. Our lawyers – many having worked as developers, engineers, contractors, estimators and project managers themselves – combine deep construction industry knowledge with sophisticated advocacy skills to navigate the most complex of issues. Our team has extensive experience with both FIDIC and non‑FIDIC forms, enabling us to tailor contract solutions to the unique legal, technical and commercial requirements of each jurisdiction and project type. Whether a client is pursuing a greenfield project or acquiring a stake in an existing asset, we offer strategic insight into risk allocation, regulatory considerations and the contractual frameworks that underpin successful cross‑border investments.

Represented True Blue Development Limited in an ICSID arbitration for $100 million against the Government of Grenada regarding claims that the government unlawfully blocked our client’s efforts to build a five-star luxury holiday resort on the island. The case settled favorably for our client.
Successfully defended the Ministry of Infrastructure and Transport of Nicaragua in a $43 million commercial arbitration under the UNCITRAL rules against Makro, a Mexican construction company, based on a FIDIC contract for a highway construction project. Our client prevailed, securing an $8 million counterclaim and 90 percent of legal fees and costs.
Representing a Dutch water treatment company in a $130 million ICC arbitration seated in Israel. The claim is brought by the project’s general contractor, which was retained by the Israeli government. The dispute arises out of the construction of a large‑scale desalination facility designed to provide more than half of Israel’s drinking water. The arbitration is ongoing.
Successfully defended a Peruvian renewable energy corporation in a commercial arbitration commenced by the Peruvian Ministry of Energy and Mines before the Lima Chamber of Commerce. The dispute concerned the development, construction and operation of a hydroelectric plant. Our client prevailed after a preliminary hearing on jurisdictional objections.
Represented the consortium Grupo Unidos por el Canal, S.A., and its European partners, Salini-Impregilo S.p.A, Sacyr S.A. and Jan de Nul N.V., in ICC arbitrations against the Panama Canal Authority totaling more than $2.5 billion in a dispute for breaches of a FIDIC-based contract regarding the design and construction of the expansion of the Panama Canal with a third set of locks.
Representing a European state-owned entity in Dispute Adjudication Board proceedings regarding a FIDIC-contract-based construction dispute in the electricity sector.
Represented Mauritian and Egyptian investors in parallel investment and commercial arbitrations challenging the Uganda government’s decision to terminate a railway concession.
Represented an Egyptian cement company in an ICC arbitration arising out of the failure of a joint venture with an Algerian state-owned enterprise.
Represented a Colombian/Mexican conglomerate in a $65 million ICC international arbitration arising out of an EPC agreement for the construction of a hydrocarbon terminal and container port in Cartagena. The case involved claims related to the termination of the agreement, enforcement of liquidated damages, delay claims and recovery of costs.
Defended Conproca (a consortium of Siemens AG and SK Engineering) in a $1.5 billion ICC arbitration initiated by Pemex involving the design and construction of an oil refinery and pipeline in Mexico.
Represented a private Philippine consortium in a Singapore-seated ad hoc UNCITRAL arbitration filed against the Philippine government for approximately $1 billion related to the construction and implementation of a metro line in Manila under the Philippines BLT Law.
Represented the Tanzanian Ministry of Works, Transport and Communications in an ICC arbitration arising out of a construction dispute based on a FIDIC contract with a Japanese engineering firm and achieved a significant reduction in the award for damages.
Defended the Dominican Republic in a proceeding before the PCA under the UNCITRAL rules arising from a FIDIC contract with an Italian investor for alleged treaty violations involving the construction of a dam.
Defended the Republic of the Philippines against approximately $510 million in claims in an investment treaty arbitration before the ICSID relating to a concession to construct and operate a terminal at Manila’s international airport.
Represented a Canadian entity in a Singapore-seated ICC arbitration against a Chinese power company for $180 million related to the construction of a solar power plant in Argentina.
Representing the Republic of Belarus in an international arbitration before the ICSID under the Belarus-UK Bilateral Investment Treaty in connection with a dispute over a solar energy project. The total amount in dispute is an estimated $300 million.
Represented Uzbek corporations in an ICSID (Additional Facility) arbitration under the Uzbekistan-Kyrgyzstan BIT and Kyrgyz Foreign Investment Law in a dispute concerning the expropriation of their resort developments, where the clients obtained a favorable award for the full amount sought.
Represented a Guatemalan owner against a Spanish contractor in a $100 million ICC commercial arbitration seated in New York under New York law related to the construction of a hydroelectric facility in Guatemala.
Representing a U.S.-based global engineering and construction services company in two confidential disputes concerning the construction of chemical processing plants in India.
Represented an Ontario-based solar solutions provider in a commercial arbitration for $16 million in connection with the engineering, acquisition and construction agreement for a gas-fired peak turbine power plant in Houston, Texas.
Defending a globally known, U.S.-based engineering, construction and private military contracting company against claims brought under the Alien Tort Statute and Racketeer Influenced and Corrupt Organizations Act, among other statutes, for claims arising out of the use of non-U.S. workers at U.S. bases in Iraq.
Negotiated various construction and engineering service agreements (FIDIC and non-FIDIC) relating to significant projects in the Middle East and Asia and often included alternative dispute resolution provisions (e.g., senior executive negotiation, mediation, expert determination or dispute review boards) in addition to final and binding arbitration.