Mr. Seppälä's main areas of practice are international commercial arbitration and international construction. He also has had substantial experience in commercial and financial matters generally, in common law, civil law and Islamic law jurisdictions.

He has more than thirty-five years of experience representing or counseling parties in relation to international commercial arbitrations under the rules of the International Chamber of Commerce (ICC), the International Centre for the Settlement of Investment Disputes (ICSID), the London Court of International Arbitration (LCIA) the Japan Commercial Arbitration Association and the Cairo Regional Centre, as well as ad hoc arbitrations under the UNCITRAL and other arbitration rules. He has represented multi-national corporations and banks, as well as sovereign States or their State-owned entities (Algeria, Egypt, Gabon, Guinea, Iran, Kuwait, Peru and Qatar), in international arbitrations. He has also served as chairman of the tribunal or co-arbitrator in various arbitrations.

He specializes in international construction claims and disputes in relation to large, complex civil engineering, industrial (including nuclear) and building projects, as well as claims under contracts in the oil and gas industry. He has also acted as construction and arbitration counsel in project finance transactions, including Build-Operate-Transfer (BOT), Design-Build-Operate-Transfer (DBOT) and similar projects.

He was Chairman of the International FIDIC Standard Conditions Subcommittee of the International Bar Association from 1985-89 and advised FIDIC in the preparation of the fourth edition of its civil engineering conditions ("Red Book") published in 1987. He was Legal Advisor (and Member) of FIDIC's Update Task Group which prepared the three current FIDIC conditions of contract for major works (the "Red", "Orange" and "Silver" Books), published in 1999. He has been Legal Advisor (and Member) or Special Advisor of the FIDIC Contracts Committee since 1992.

Mr. Seppälä will be serving a three year term as Vice-President Emeritus of the International Court of Arbitration of the ICC, commencing on 1 July 2012.

International Arbitration Experience

Mr. Seppälä's experience includes the following matters:

I. Experience as Counsel in International Arbitrations

• Lead counsel for a Middle Eastern developer in four related ICC arbitrations in Paris involving a dispute with a contractor concerning a major land remediation project in the Middle East, as well as ancillary court proceedings in the United States.
• Lead counsel for a consortium of major European contractors in an LCIA arbitration in London relating to claims arising out of construction of one of the largest recent privately-financed (BOT) infrastructure projects in Europe.
• Lead counsel or co-counsel for the consortium of European contractors, mentioned in the previous paragraph, in two separate ICC arbitrations in London concerning disputes with subcontractors arising out of the same privately financed infrastructure project.
• Lead counsel for an African oil-producing State and an oil company in an ICC arbitration in Paris, in the French language, brought by two Western oil companies concerning the interpretation of the State's standard form of production-sharing contract.
• Lead counsel for an African State-owned entity in an ICC arbitration in French, in Paris, governed by the African State's law relating to the construction of a major dam and hydro-electric plant in Africa.
• Lead counsel for an Asian contractor in an ICC arbitration in Paris concerning technical and other disputes related to the supply and erection of a special steel plant in Egypt, and supervision of ancillary court litigation in Egypt and the United States relating to the call of our client's performance bond.
• Lead counsel for a major European industrial company in an ICC arbitration in London relating to a real estate project in China, including supervision of ancillary court litigation in London, England, the Turks and Caicos Islands, and Shanghai, China.
• Lead counsel for a Middle Eastern contractor, a partner in a joint venture having a contract for the construction of a highway in an Arab State and a co-defendant with a second partner in such joint venture, in an ICC arbitration in Paris brought against them by the third partner in such joint venture for an accounting.
• Lead counsel for an Arab contractor, the claimant, in an ICC arbitration against an Asian State relating to the construction of the main airport in such State.
• Co-counsel for a Saudi individual in an ICC arbitration relating to a dispute among the members of a joint venture holding the exclusive contract for the freight-forwarding of arms from the United States to Saudi Arabia.
• Co-counsel for a joint venture of European contractors in relation to an ICC arbitration against an Arab State concerning a port project in that State.
• Lead counsel for a syndicate of European and Arab banks, led by the Banque Arabe et Internationale d'Investissement, (BAII), the claimant, under an insurance policy, in an ad hoc arbitration in Amman, Jordan against the issuer of such policy, The Inter Arab Investment Guarantee Corporation, based in Kuwait, and in supervision of related proceedings to enforce the award in the courts of Belgium, France, Jordan and Kuwait.
• Lead counsel for a consortium of Asian contractors, the main contractor and a defendant in an ICC arbitration brought by its civil works subcontractor in relation to the construction of a hydroelectric project in the Middle East.
• Lead counsel (appointed by an Arab State's minister of oil) for an Arab State-owned company, the defendant, in an UNCITRAL arbitration brought by a contractor in relation to the construction of works for a major gas project in the Arab Gulf.
• Lead counsel for a Saudi cement manufacturer, the claimant, in an ICC arbitration in relation to a contract with a European cement buyer, the defendant.
• Lead counsel for a European contractor, the claimant, in an ad hoc arbitration in Lesotho, Africa, against a Lesotho State-owned body relating to the construction of a road.
• Lead counsel for Euro-Disney, the defendant, in relation to the first two ICC arbitrations that arose under contracts for the construction of the Euro-Disneyland theme park outside of Paris.
• Lead counsel for an Arab State's ministry of public works, the defendant, in the defense of an ICC arbitration brought by a local contractor for the construction of a major public building in an Arab country.
• Lead counsel for an Asian contractor, the defendant in an UNCITRAL arbitration brought by the Arab owner of an LNG plant claiming the plant had been defectively constructed.
• Lead counsel for owner of a Pakistani cement plant, the defendant, in an ICC arbitration brought by a European contractor whose contract had been terminated by the owner.
• Lead counsel to a European contractor, the defendant, in an ICC arbitration brought by its European subcontractor based on a "pay-when-paid" clause in a subcontract to build a road in an African country.
• Lead counsel for Telecommunications Company of Iran, the defendant, in an arbitration brought by American Bell International, Inc. before the Iran-US Claims Tribunal (The Hague) in relation to a major telecommunications project in Iran.
• Lead counsel (appointed by Egypt's State Lawsuit Authority) for an Egyptian State-owned company in an ICC arbitration concerning the construction of a major power plant on the Nile.
• Lead counsel for a US architectural firm, a co-defendant with a European contractor, in an ICC arbitration brought by an Arab hotel owner for alleged defects in the construction of a hotel in the Middle East.
• Lead counsel for a French contractor in relation to five joined ICC arbitration cases against the Libyan State relating to the construction of a major housing project and related utilities near Benghazi, Libya.
• Lead counsel for a Scandinavian contractor in relation to a dispute with an Iranian joint venture partner in relation to a housing project in Iran.
• Lead counsel for a Scandinavian subcontractor in an ICC arbitration against a Dutch main contractor in relation to a housing project for a university in the Middle East.

II. Experience as Counsel in International Construction Disputes (other than Arbitrations)

• Advising a consortium of European civil engineering contractors on a continuous basis over a six-year period in relation to the entry into, performance of, and ultimate negotiated withdrawal before completion (on account of extraordinary political and geological difficulties) from, a contract for the construction of a US$750 million hydroelectric project in India.
• Advising a consortium of European civil works contractors having claims of US$250 million in relation to a hydroelectric project in Indonesia.
• Advising a consortium of European contractors in relation to claims (relating to supervision of work, price escalation and dispute resolution) arising out of a contract to build a steel plant in Africa.
• Upon recommendation of The World Bank, acted as an expert and gave an expert opinion to African owner of a hydroelectric facility in relation to the validity of claims brought by a European contractor based on the construction contract's price escalation clause.
• Advising an Eastern European employer in relation to an adjudication procedure (prior to arbitration) under a contract with a foreign contractor for the construction of a power plant in Eastern Europe.
• Representing and advising a European contractor, a subcontractor for a hospital project in Saudi Arabia, in the negotiation and settlement of the subcontractor's claims against the main contractor, a European contractor.
• Advising various European and Asian contractors in relation to claims arising out of various construction contracts relating to a program for the construction of military housing in Russia.
• Advising a European civil works contractor about claims relating to the construction of a road in Asia.
• Representing and advising a European marine contractor, a subcontractor, having claims against another European contractor, the main contractor, under a subcontract for the building of a trench for an underwater pipeline in Asia.
• Providing an expert opinion to a Scandinavian contractor regarding the validity of a liquidated damages clause in a contract for the construction of a public building in Sri Lanka, which was based on the FIDIC Civil Engineering Conditions of Contract, third edition, 1977.

III. Experience as Arbitrator in International Arbitrations

• Chairman of ICC Arbitral Tribunal in relation to a claim by a European business agent against a European contractor who was awarded a "hook-up" contract for an off shore oil and gas project in the Middle East.
• Chairman of an ICC Arbitral Tribunal in relation to a dispute under a subcontract involving an off shore oil project in the North Sea.
• Co-arbitrator in an ICC arbitration relating to a claim by a Latin American sub-contractor against a European main contractor in relation to construction of a hydroelectric project in Latin America.
• Co-arbitrator in an ICC arbitration relating to a claim under a gas supply contract by a US purchaser against a gas supplier owned by an Arab State.
• Co-arbitrator in an ICC arbitration relating to a claim by a European contractor against an Arab State.

IV. Experience as Counsel in BOT and Similar Projects

• Advising the lenders regarding the EPC contracts and concession agreement for the US$200 million Azito power project in the Ivory Coast, Africa.
• Advising the lenders regarding the EPC contracts and concession agreement for a US$75 million tollbridge project in the Ivory Coast, Africa.
• Advising the lenders regarding the EPC contracts for a resort project in Saudi Arabia.
• Advising the sponsors regarding the EPC contracts for a wind farm power project in Morocco.
• Preliminary advice to a government body relating to a power project in Latin America to be done on a BOT basis.
• Preliminary advice to bidder for new Athens Airport (Spata Airport) concession.
• Advised lead contractor in the Xe Kaman Hydroelectric Project in Laos, designed to supply power to a Thai purchaser on a BOT basis.
• Advised sponsors for hotel project in Jakarta, Indonesia built on a BOT basis.

Bars and Courts
New York State Bar, 1970
Paris Bar, 1974

Education
BA, Harvard University, 1963
JD, Columbia Law School, 1967

Professional Associations and Memberships
Comité Français de l’Arbitrage, Indian Institute of Arbitration and Swiss Arbitration Association
Fédération Internationale des Ingénieurs-Conseils (FIDIC), Affiliate Member and Recipient of the Louis Prangey award in 1999
Institute of International Business Law and Practice, Paris, Corresponding Member
International Chamber of Commerce Commission on International Commercial Arbitration
International Nuclear Law Association
American and International Bar Associations

Awards and Recognition
I. Listed as a leading lawyer in international arbitration in:
Cabinet d'Avocats en France
Chambers Global, The World's Leading Lawyers
Décideurs Juridiques et Financiers
European Legal Experts
Global Counsel 3000
Law Firms in Europe
Guide to the World's Leading Experts in Commercial Arbitration
Legal 500, Paris
Who's Who Legal

II. Listed as a leading lawyer in international construction/real estate in:
European Legal Experts
Global Counsel 3000
Guide to the World's Leading Real Estate Lawyers
Legal 500, Paris

Publications
Mr. Seppälä has written more than eighty articles or book reviews on international arbitration or construction for various professional journals. Recent articles include:
"How Not To Interpret The FIDIC Disputes Clause: The Singapore Court Of Appeal Judgment In Persero," published in The International Construction Law Review, London, England, 2012
"Sub-Clause 20.7 of the FIDIC Red Book does not justify denying enforcement of a 'binding' DAB decision," published in Construction Law International, London, 2011
"Libyan Civil Unrest – Contractor's Remedies" published as a White & Case Insight: Construction, March 20, 2011 (co authored)
"Enforcement by an Arbitral Award of a Binding But Not Final Engineer's or DAB's Decision Under the FIDIC Conditions," published in The International Construction Law Review, London, England, 2009
"The Development of a Case Law in Construction Disputes Relating to FIDIC Contracts," published in Precedent in International Arbitration, edited by E. Gaillard and Y. Banifatemi, JurisNet, LLC, New York, 2008
"Obtaining The Right International Arbitral Tribunal: A Practitioner's View," Vol. 25, Part 2, The International Construction Law Review, London, England, April 2008
"Radical Adverse Change in Circumstances: Can a Contractor Obtain Compensation When a Construction Contract Contains No Price Escalation Clause?," co-authored with Elizabeth Lefebvre-Gross, published in White & Case International Disputes Quarterly, Winter 2008

Languages
English
French

Citizenship
United States