White & Case LLP - Lawyers

Practice Experience

Ellis Baker, Head of the Construction and Engineering Practice in the London office, has substantial experience of international construction and engineering work across a wide range of clients and jurisdictions.

He has represented developers, contractors, consultants and lenders in matters relating to 28 countries in five continents, involving power stations, oil and gas installations, metals and mining, process plants, motorways, hydro-electric dams and commercial property and hotel developments.

In project development, Ellis represents clients in matters relating to project appraisal, administration of competitive tenders, contract drafting and negotiation and the provision of post-contract administration advice.

In dispute resolution, Ellis has significant experience in the resolution of large complex matters by negotiation, litigation and arbitration, including appearing as lead advocate in international arbitration proceedings.

Recognised as a leading lawyer by Who’s Who Legal Construction Lawyers 2008, "Ellis Baker is a 'stellar practitioner' ", and in 2007, "Baker has a truly international practice with a focus on project development and dispute resolution.”

"Star of international arbitration, Ellis Baker, has been involved in all manner of ICC and UNCITRAL matters.” Chambers UK 2008

"Working seamlessly across contentious and non-contentious matters, Ellis Baker impresses with his efficiency and negotiation skills, and the team with its ‘deep knowledge of EPCM and EPC construction contracts’.” Legal 500 2007

“Ellis Baker undertakes the full gamut of major infrastructure projects and international arbitrations stemming from areas such as the Middle East.” Chambers & Partners, A Client's Guide to the UK Legal Profession, 2006

Ellis’ recent work includes the following:

PROJECT DEVELOPMENT

Power

Advising the developer/utility in relation to the development of a nuclear power station in Sub-Saharan Africa, and a fleet of nuclear plant options in the African continent, including advising on long term strategy and implications and preparing tender packages and contractual documentation;
Advising the developer/utility in relation to Project Medupi, a 20 billion Rand (phase 1) supercritical coal-fired power project of up to 4800MW in South Africa;
Advising a leading international mining group in an integrated bauxite mine and alumina refinery, power plant and aluminium smelter project in Saudi Arabia. The work includes advising on, negotiating and drafting all aspects of the tender documents, including instructions to bidders, EPC and EPCM contracts;
Advising the developer on a gas-fired and coal-fired power station project in Turkey, including reviewing and advising on a reservation agreement and draft conditions of contract and providing strategic and commercial advice on key terms and the tender process;
Advising, negotiating and drafting on behalf of Concord Power the construction contracts on the first independent power project in Germany, the environmentally friendly, EUR600 million 1200MW combined cycle gas turbine Lubmin power station;
Representing a power company in negotiation and drafting of the turnkey construction contract and operation and maintenance agreement for a US$585 million 1200MW combined cycle gas turbine power station;
Advising on the construction aspects, including negotiating the EPC contract, of a US$120m (approx) purchase of a special purpose company that is to construct and operate a new gas fired 180MW peaker plant in Midway, California for the newly created energy group of the Starwood Capital Group;
Advising a Middle East state utility authority on the US$1.5 billion sale, expansion and refurbishment of a power generation and water desalination plant;
Acting for Tessenderlo Chemie, a shareholder of T-Power, in the construction of a 390 to 425MW gas-fired power plant in Belgium;
Advising negotiating and drafting on behalf of the Steag/Siemens developer consortium the turnkey construction contract for a US$1.45 billion 1210MW coal-fired power station in Turkey. White & Case London were awarded the title 'Project Finance Team of the Year' by the journal Legal Business, for this project, the largest single project financing in Turkey to date;
Advising a major US energy provider on an EPC contract for use on its 1400MW coal-fired power station in the South East of the US; and
Advising the project lenders on the turnkey construction contracts and operation and maintenance agreements for a US$1 billion 1200MW coal-fired power station in the Philippines.

Oil & Gas

Representing the project company on the construction aspects of the development and project financing of the Nord Stream Baltic pipeline, which runs from Russia to Germany through the Baltic Sea and the exclusive economic zones of Russia, Finland, Sweden, Denmark and Germany;
Representing Saudi Aramco in connection with the negotiation of a joint venture for the development and implementation of a refinery upgrade and major petrochemical complex at Rabigh on Saudi Arabia's Red Sea coast. When completed, this will be one of the largest oil refinery projects in the world;
Representing Saudi Aramco in relation to the US$3.5 billion integrated refining and chemicals complex located in Quanzhou City, in the coastal area of China's Fujian Province - formed between affiliates of Saudi Aramco, Exxon Mobil, China Petroleum & Chemical Corporation and the provincial government of Fujian. This project will increase the capacity of the existing Sinopec refinery from 80,000 barrels per day to 240,000 barrels per day and facilitate the production of high-quality petroleum products;
Advising, negotiating and drafting on behalf of Kazakh Oil, a US$235 million construction contract for the modernization of an oil refinery in Kazakhstan;
Advising Exxon Mobil and Qatar Petroleum, on the US$11 billion Qatargas II liquid natural gas project financing. The team was named "Infrastructure Team of the Year" by The Lawyer for its role in bringing the landmark deal to a successful close. The transaction is the largest ever energy project financing and the third largest project financing ever completed and set numerous technical precedents;
Advising the project lenders on the EPC Contract for Trains 4 and 5 on the Nigeria LNG project. This project was awarded the titles 'Best Project Financing' by Corporate Finance magazine, 'Oil and Gas Deal of the Year' by Project Finance International magazine and 'African Oil and Gas Deal of the Year' by the journal, Legal Business;
Advised the lenders in connection with the financing and construction of a methanol plant in Trinidad & Tobago including advising and negotiating the EPC contract; and
Advising the Egyptian Propylene and Polypropylene Company, an affiliate of one of the largest industrial groups in Egypt, in relation to the construction, including negotiating and drafting the EPC contract, and financing of a new US$600 million (approx.) propylene and polypropylene plant at Port Said, Egypt;
Representing the project lenders in negotiating the turnkey EPC construction contracts for the US$969 million urea and fertiliser complex in Oman, a joint venture between the Governments of India and Oman for the import of fertiliser by the Indian Government for distribution to Indian agricultural cooperatives. This project was awarded the title 'Middle East Petrochemical Deal of the Year' by Project Finance magazine; and
Advising the Egyptian sponsor in the development, financing, design, construction, commissioning, testing, operation and maintenance of a US$350 million ammonia production plant to be located in the Suez Industrial Zone, Gulf of Suez, Egypt.

Metals and Mining

Advising, negotiating and drafting on behalf of Sohar Aluminum Company, Alcan, Oman Oil Company and Abu Dhabi Water and Electricity Authority in the development of a 360,000 tonne aluminum smelter and associated 1000 MW captive power station in Oman including negotiation and drafting of the EPC for the power station and the EPCM for the smelter. The smelter will be the largest greenfield plant in the region and the project was awarded Project Finance International’s 2005 EMEA Industrial Deal of the Year;
Advising Alcan Inc. in connection with the development and financing, including advising on the bid packages for the EPCM contract, of the 720,000 MTPA Coega aluminium smelter in South Africa;
Advising Qatar Petroleum and Hydro Aluminium AS in relation to the form of the EPC contract for an aluminium smelter and related power plant located in the Messaieed Industrial Area, south of Doha;
Advising and drafting on behalf of the project sponsors the construction contracts and contract mining agreement for a US$2.5 billion integrated alumina refinery, power plant, port, rail, town and mine project in Guinea;
Representation of project lenders in negotiating turnkey construction contract for US$1 billion urea and fertiliser process plant in Oman (Awarded the title 'Petrochemical Deal of the Year' by the journal Project Finance);
Advised the lenders to Mozal SARL on the EPCM contracts to construct the first phase (250,000 tones per year) of the Mozal aluminium smelter project in Mozambique and in the expansion of the Mozal smelter to double its capacity to 500,000 tones per year; and
Advised the lead arrangers in relation to the construction and financing of a US$200 million steel plant in Bahrain including advising on the EPC contract.

Commercial Property

Advising Meridian Securities in relation to he development of a US$300 million mixed commercial and residential development in Almaty, Kazakhstan, which will consist of 12-14 high rise buildings;
Acting for Saudi Aramco, the developers of the King Abdullah University of Science and Technology in Saudi Arabia. This greenfield university, scheduled to be opened in September 2009 is being built on behalf of King Abdullah and valued at approximately US$3.5bn; and
Advising one of Russia’s biggest corporations on construction and consultancy agreements for a prestigious multi-function development in central Moscow.

DISPUTE RESOLUTION

Representing a Middle East developer in an ICC arbitration concerning a dispute arising out of the US$100 million development of a hotel and complex;
Representing a major US oil company in an UNCITRAL arbitration with a major contractor relating to the construction of offshore oil and gas facilities in Indonesia;
Representing a major contractor in a US$1 billion ICC arbitration with a state petroleum company arising from construction of an oil refinery and pipelines in Latin America;
Advising an energy company in relation to disputes with the Government of Tanzania relating to a gas fired power station in Tanzania;
Representing the owner in negotiation and preparation of a settlement agreement concerning a dispute related to gas turbines under a turnkey contract for a power project in Turkey;
Advising the project sponsors on contractors’ claims relating to combined-cycle gas-fired power stations in Turkey;
Advising a manufacturer of gas turbines on its potential global liabilities under its EPC and Maintenance Contracts for power projects worldwide;
Representation of a UK-based Middle East oil exploration and production company in an international arbitration of a dispute over a joint-venture bidding agreement for the exploration and operation of the Kuwaiti Northern oil fields;
Appearing as lead advocate in an ICC arbitration on behalf of a Lesotho government body against a consortium of international contractors arising from construction of a hydro-electric dam; and
Advising the contractor on claims arising from a highway project in Hungary.

Ellis has undertaken project work in the following countries: Abu Dhabi, Algeria, Bahrain, Belgium, Egypt, Germany, India, Indonesia, Guinea, Kazakhstan, Kuwait, China, Kyrgyzstan, Lebanon, Mozambique, Nigeria, Oman, Philippines, Poland, Qatar, Russia, Saudi Arabia, South Africa, Trinidad & Tobago, Turkey, Ukraine, United Kingdom and the United States.

Bars and Courts
Solicitor of England and Wales, 1998
Barrister, England and Wales (Inner Temple), 1991

Education
LLM, Queens' College, University of Cambridge, 1994
MA, Queens' College, University of Cambridge, 1992
BA, Law, Queens' College, University of Cambridge, 1989

Professional Associations and Memberships
Member of the Chartered Institute of Arbitrators:
ACI.Arb 2003
MCI.Arb 2004
Member of the Society of Construction Law
Member of the City of London Solicitors Association

Awards and Recognition
Duke of Edinburgh Entrance Scholarship
Accommodation Transitional Award, Inner Temple (1991)

Publications
Co-author of "Tendering & Procurement in Construction", RICS Books Case in Point Series, October 2008
"Temporary disconformity in construction and engineering contracts", Construction Law Journal, Vol. 22 No 2, 2006
"Challenge of errors in arbitral awards", Asian Dispute Review, October 2005
"Review of arbitrators' exercise of power in English Law: The House of Lords decides", International Construction Law Review, Vol. 22 Part 4, 2005
"The award of interest in the event of under-certification in construction and engineering contracts", Arbitration, Vol. 71 No. 2, May 2005
"Arbitrators do make mistakes", Building, 26 August 2005
"Expert Witness", RICS Books Case in Point Series, July 2005
"Letters of doubtful intent", Civil Engineering Surveyor, April 2005
"The development of the prevention principle in English and Australian jurisdictions", International Construction Law Review, Vol. 22 Part 2, 2005
"The expert in dispute resolution – a common law perspective", Arbitration, Vol. 70 No. 1, 2004
"Worst case scenario: anticipating contractor insolvency – lessons from recent cases", Construction Law Journal, Vol. 20 No. 2, 2004
"A system of security", Worldwide Independent Power, August 2004
"Rights and duties under tender contracts", Construction Law, Vol. 15 Issue 9, 2004
"Lessons from Lesotho: arbitrators' powers reviewed", International Construction Law Review, Vol. 21 Part 2, 2004

Speaking Engagements
"Effective partnering to build profitable relationships and reduce your claims risk", 3rd Annual Managing Risk Conference, Mumbai, November 2008
"Project procurement and construction in the nuclear power sector", Romania – Who Has the Power?, Bucharest, October 2008
"Evaluating advanced dispute resolution techniques and alternatives to arbitration", Investment Forum on Investment Protection Techniques for Upstream Oil and Gas Ventures, London, September 2008
"Beyond FIDIC – international construction procurement through bespoke contracts", Construction Law Summer School, Cambridge, September 2008
"Alliancing and Partnering: how they can work in engineering and construction projects in the oil and gas industries", Contract Risk Management in Energy Construction Projects 2008, London, July 2008
"Can Partnering and Alliancing techniques deliver cost benefits and improved efficiency?", Workshop, Contract Risk Management in Energy Construction Projects 2008, London, July 2008
"Is it all necessary? Who benefits? Provision for multi-tier dispute resolution in international construction contracts", Annual Joint Meeting of the Society of Construction Law/Society of Construction Arbitrators, London, July 2008
"Analysing the concept of collaborative contracting", Contracts 2008 conference, Dubai, April 2008
"What makes a good international construction contract? Bespoke v FIDIC", Construction Law 2008: Projects Procurement, Disputes and Contracts conference, London, March 2008
"Across the table: negotiating contracts in energy sectors", Institute of Mechanical Engineers' conference on Commercial Energy – contract strategies for successful projects, London, October 2007
"The users' view of the DRB", Institution of Civil Engineers Dispute Resolution Board Foundation Workshop, London, September 2007
"Reduce disputes by getting to grips with your dispute resolution options", International Contract Risk Management for Mining conference, London, January 2007
"The legal perspective: Understanding the best contracting models to support your alliance/partnership", Alliancing & Partnering Forum 2007, London, January 2007
Enforcement and Dispute Adjudication Board Appointments, FIDIC International Users Conference, London, December 2006
"Partnering strategies - the legal dimension", Collaborative Strategies - Partnering and Alliancing for Success Institution of Mechanical Engineers conference, London, September 2006
"Show me the money – balancing the interest of the sponsors, contractors, lenders in PFI projects", Construction Superconference, London, May 2006
"Dispute Resolution LNG Projects", LNG Asia conference, Korea, February 2006
"Surviving the fall-out Bank initiated regime change", The Contractor and Construction Manager Issues Superconference, San Francisco, December 2005
"Contractor's Issues When the Banks Step In - Crisis Management and Dispute Resolution", Global Projects Superconference, London, May 2005
"Amicable Dispute Resolution: a common law perspective", ICC/FIDIC Conference on International Construction Contracts and Dispute Resolution, Cairo, April 2005
"Temporary disconformity in construction contracts", Society of Construction Law, London, April 2005
"FIDIC Contracts: the International Construction Standard", US Department of Commerce Commercial Law Development Program Seminar, Bahrain, March 2005
"Responding to the market – contractual issues for major projects in the 21st century", Foundation for Building Research (Netherlands) Conference on Revaluing Construction, Rotterdam, March 2005
"Multi-party arbitration agreements and split contracts", Global Projects SuperConference, London, May 2004
"Role of experts: common law systems", ICC/FIDIC Conference on the Resolution of Disputes under International Construction Contracts, Paris, April 2004
A complete list of publications, conference and seminar presentations is available on request.

Languages
English

Citizenship
British