< Previous148 JUNE 2024 | POWER 150 | Mohammed Adib Founder & Managing Director, Intercon Dara John Towhidi Founder and Design Director, Design Tomorrow 17 18 Making his debut on this year’s power list is Mohammad Adib, the Founder and Managing Director of Intercon, marking his signifi cant impact within the industry. Over the past year, Adib has demonstrated exemplary leadership, spearheading numerous achievements for the company, including expanding collaborations with architectural fi rms in Saudi Arabia and successfully registering with all Public Investment Fund (PIF) companies, solidifying Intercon’s presence and partnerships in the market. Among Intercon’s notable projects under Adib’s leadership are the Obhur Entertainment Centre, the Qiddiya Water Park, and the Triple Bay Yacht Club, each contributing to the company’s impressive portfolio with a total value exceeding EUR4.8 million. As of the fi rst quarter of 2024, Intercon’s backlog stands at $5.2 million (EUR4.8 million), with ongoing contract signings indicating sustained growth and momentum. Appearing for the fi rst time on this year’s list is Dara John Towhidi, Founder & Design Director of DesignTomorrow Under Towhidi’s guidance, DesignTomorrow has assembled a diverse and talented team of 11 individuals across Dubai and London, cementing its reputation for excellence in the market. Notably, the fi rm clinched victory in an international design competition for the Urban Gateway District project, triumphing over globally renowned competitors. This milestone achievement underscores DesignTomorrow’s commitment to crafting vibrant, mixed-use city districts with a keen focus on density, walkability, and climate-appropriate design. Key projects spearheaded by Towhidi and his team encompass a wide spectrum of endeavours, ranging from 18 residential developments to large-scale masterplans. Notable among these are a wildlife centre, a new mixed-use city district, and a luxury club house. Moreover, the studio’s participation in In 2023, Intercon achieved a commendable revenue of $3.02 million (EUR2.8 million), with a projected revenue of $3.7 million (EUR3.4 million) for 2024, proving the company’s upward trajectory under Adib’s guidance. Moreover, Adib has championed Intercon’s commitment to Corporate Social Responsibility (CSR) initiatives, ensuring the company maintains ISO 14001 certifi cation and implements biannual inspections to uphold environmental standards. Additionally, Intercon’s internal design guidelines prioritise space planning and building effi ciency. Adib’s visionary leadership and dedication to excellence have positioned Intercon as a leading player in the industry, driving growth, fostering partnerships, and advancing sustainable practices. As Intercon continues to thrive under his guidance, Adib’s presence on the power list serves as a testament to his impactful contributions and the company’s promising future in the market. prestigious exhibitions such as the RIBA and D3 Exhibition further spotlights its commitment to innovation and sustainability. Looking ahead, Design Tomorrow exits 2023 with a substantial backlog of projects, indicative of its signifi cant growth and the burgeoning trust of its clients. Revenue fi gures for 2023 surged fi vefold compared to the previous year, with projections indicating a doubling of revenue in 2024. Beyond its commercial success, Design Tomorrow remains steadfast in its commitment to Corporate Social Responsibility (CSR) initiatives. The fi rm’s sustainability-focused design practices, inclusive spaces, continuous professional development opportunities for employees, and contributions to community and cultural enrichment underscore its dedication to environmental responsibility and social impact. Under Towhidi’s visionary leadership, Design Tomorrow continues to shape the future of design, blending innovation, sustainability, and social responsibility to create spaces that inspire and endure.JUNE 2024 149 | POWER 150 | Muhammad Al Salmy MD, Partner, and Lead Architect, Hoehler + alSalmy Nima Alborz Executive Director & Founding Member, Studio International Engineering Consultants 19 20 Muhammed Al Salmy, the astute Managing Director, Partner, and Lead Architect at Hoehler + alSalmy (H+S), has steered the Oman-based architectural fi rm through a transformative year marked by unprecedented growth and global expansion initiatives. With a focus on solidifying the fi rm’s position as a formidable global player, Al Salmy executed a strategic move by acquiring 100% ownership of H+S in 2021, while concurrently maintaining a joint venture agreement with H+P Germany, further bolstering the fi rm’s international presence and collaborative capabilities. Under Al Salmy’s leadership, H+S has triumphantly secured and embarked on a multitude of prestigious projects, including the illustrious Dabba Archaeological Centre and the iconic Khazaen Economic City headquarters building. Beyond Oman’s borders, the fi rm has ventured into international realms, spearheading projects Nima Alborz, Executive Director and Founding Member of Studio International Engineering Consultants (SIEC), has driven remarkable achievements over the past 12 months. Under his leadership, the fi rm has expanded its workforce by an impressive 75%, growing from 230 to over 400 employees, enabling SIEC to successfully execute more than 30 projects, encompassing both design and supervision, and to double its net profi ts. Additionally, the fi rm has secured seven new clients and established multiple framework agreements with blue-chip clients in the region, further solidifying its market position. Some projects spearheaded by Alborz include the Maersk Logistic Park in Jeddah, Palm Jebel Ali Villas, Ghaf Woods Phase Project, and the 1 Billion Meals Endowment Tower, collectively generating over AED100 million in revenue. These projects highlight SIEC’s capability to manage large-scale, high-value projects and its commitment to delivering excellence. Currently, SIEC such as the captivating redesign of a chalet in Davos, Switzerland, and the meticulous interior design of a luxurious apartment in London, showcasing its versatility and design prowess on a global stage. Aligned with its commitment to corporate social responsibility, H+S is actively engaged in the development of an innovative environmental awareness application, poised to make a meaningful impact in promoting sustainability and environmental stewardship. Additionally, the fi rm remains dedicated to nurturing local talent and fostering Omani youth empowerment through its robust internship programs, in line with the nation’s Omanisation initiatives. By investing in the future architects and engineers of Oman, H+S continues to play a pivotal role in shaping the country’s architectural landscape while making signifi cant strides in advancing sustainable practices and design innovation both domestically and internationally. manages 23 projects across various disciplines, with 20 in the design stage, projected to continue through 2024. This diverse portfolio underscores the fi rm’s versatility and expertise in handling complex engineering challenges. Furthermore, the fi rm is a strong advocate for Emiratisation, promoting the inclusion of Emirati professionals in the workforce. SIEC also provides extensive training programs designed to cultivate future leaders, ensuring the development of a skilled and capable workforce. This focus on training and development refl ects the fi rm’s long-term commitment to nurturing talent and fostering professional growth within the industry. Under Nima Alborz’s guidance, SIEC has not only achieved signifi cant business growth but also demonstrated clear focus on community engagement and sustainability. His leadership has been instrumental in driving the fi rm’s success, positioning SIEC as a leading player in the engineering consultancy sector. | POWER 150 | 151 JUNE 2024 LAWYERS / LEGAL CONSULTANTS152 JUNE 2024 | POWER 150 | In a signifi cant move, HKA Partner Jad Chouman became the sole Head of the Middle East in 2023. Chouman previously co-led the region with Haroon Niazi, who now heads the global risk mitigation consultancy’s construction claims and expert services in Europe, the Middle East, and Africa. Chouman’s leadership has been more crucial than ever in strengthening the fi rm’s foundation in the region. With ambitious growth and diversifi cation at the heart of HKA’s strategy, Chouman has played a pivotal, hands-on role in securing several high-profi le projects with key clients, increasing the fi rm’s revenue and encouraging more cross-regional collaboration across the EMEA region. Under Chouman’s leadership, HKA consolidated its leading position in the sector, and long-term presence in Saudi Arabia earlier this year by gaining its Regional Headquarters license from the Ministry of Investment of Saudi Arabia (MISA). HKA is considered one of the fi rst major international consultancy fi rms in the construction claims and expert sector to gain regional HQ status under the programme. Over the last 12 months, HKA has been appointed to work on several exciting projects and cases, perhaps most notably on one of the biggest rail projects across the GCC. The fi rm has also been engaged in numerous mega and giga-infrastructure projects across Saudi Arabia, as well as railway, airport, and plant projects across the GCC and North Africa regions. In 2023, the Middle East practice was engaged in more than 410 projects with an average CaPex of $1.61 billion across 12 countries, which has allowed HKA to maintain its position as the region’s leading dispute resolution fi rm. Since last year, the fi rm has seen more expansion across its other service line off erings. With a demand in the public sector for investigative services to assist in endeavours to fi ght corruption and fraud, HKA has further grown its Forensic Accounting and Commercial Damages service line and recently welcomed a new Partner to its Dubai team. Furthermore, HKA’s involvement in major projects in Saudi Arabia allowed the fi rm to expand its advisory services in the kingdom and the wider region. The Advisory team has been engaged in a number of matters, providing incisive and timely support at critical stages during asset development or investment lifecycle and advising clients on portfolios, programmes, and complex projects. HKA supports various causes through donations and volunteer work, contributing 3,000 hours from 2021 to 2023 for corporate social responsibility. Jad Chouman Partner and Head of Middle East, HKA 1JUNE 2024 153 | POWER 150 | Sachin Kerur Managing Partner - Middle East, Reed Smith 2 Once again making an appearance on our list is Sachin Kerur, the Managing Partner in the Middle East for London- based Reed Smith. Under his leadership, the fi rm has achieved exceptional revenue and client expansion across diverse sectors such as construction, infrastructure, logistics, commodities, technology, and hospitality. With its distinctive approach to transactional and dispute advisory, the fi rm has secured the sustained growth and success of its UAE business. It has further enhanced its capabilities by incorporating environmental C oming in at number three is Catherine Workman, Partner and Head of Pinsent Masons’ Middle East operations. With over 25 years of experience, Workman is a preeminent authority in Public-Private Partnerships (PPP). She has provided expert advice to a diverse range of stakeholders on numerous large-scale projects, establishing herself as a leading fi gure in the fi eld. Workman’s extensive experience working with governments, sponsors, and lenders has equipped her with deep insights into structuring balanced projects that attract both M ark Larkin is an Assurance Partner with the Capital Projects team at EY MENA, based in Riyadh. Larkin specialises in confl ict avoidance, claims, and dispute resolution including the commercial management of distressed projects in the construction, infrastructure, and energy sectors. With 16 years of extensive experience in the MENA region, Larkin regularly advises all levels of the supply chain, including leading international contractors, engineering consultancies, special-purpose investment vehicles, and various government departments. and ESR advisory services for infrastructure clients, eff ectively meeting the evolving demands of the region’s transforming industries. Additionally, Reed Smith continues to support clients through large-scale legislative changes, supply chain developments, ESR regulations, and economic uncertainties, combining traditional legal services with expertise in corporate, technology, acquisition fi nance, employment, and regulatory matters. This has led to recognition as a leading practice in the region by independent legal directories and awards. equity and debt investments. Her ability to navigate complex fi nancial landscapes has been instrumental in the successful execution of these projects. Over the last 12 months, Workman has played a pivotal role in leading a strategic review of Pinsent Masons’ Middle East operations, working closely with colleagues and partners to outline ambitious regional expansion plans that will shape the fi rm’s future. Beyond her PPP expertise, Workman is a distinguished projects lawyer. Recently, she advised the lenders on the fi rst PPP project to achieve fi nancial close in Abu Dhabi. His deep understanding of the regional market dynamics and his strategic approach to problem-solving have been instrumental in driving successful outcomes for his clients. In addition to numerous appointments supporting legal counsel in both technical and shadow expert roles, he has worked with both the public and private sectors as an independent adjudicator, mediator, technical due diligence expert, and neutral third-party expert determiner. His diverse skill set allows him to eff ectively navigate complex disputes and provide balanced, expert opinions. Catherine Workman Partner & Head of Middle East, Pinsent Masons Mark Larkin Partner/Senior Principal, EY Capital Projects 4 3154 JUNE 2024 | POWER 150 | Claire Miller Managing Partner, Beale & Co. 5 Claire Miller, Managing Partner of Beale & Co. in the Middle East, makes her second appearance on the prestigious Power 150 list. With over two decades of expertise, Miller has distinguished herself as a specialist in resolving construction disputes across a wide range of regions, including the Middle East, Central Asia, Europe, Sub- Saharan Africa, and the Asia-Pacifi c. Miller’s profi ciency extends to overseeing large-scale, intricate cross-border international arbitrations, Dispute Adjudication Board (DAB) proceedings, and mediations. Her role is multifaceted, as she also serves as Next on the list is Peter Banathy, Regional Director at Driver Trett. With over 40 years of experience, Banathy originally established and directed the fi rm’s Qatar offi ce in 2010 before assuming his current role overseeing the Middle East offi ce. He possesses extensive expertise in managing commercial teams in post-contract environments, providing contractual advice under various standard and bespoke forms of contracts, and excelling in dispute resolution. Banathy’s sector experience is diverse, encompassing high-rise buildings, residential M agda Kofl uk, a member of Stephenson Harwood’s dispute resolution and international arbitration team, specialises in construction law with over 13 years of experience, including ten in the Middle East. Her practice includes disputes related to major international projects, such as high-rise towers, infrastructure, power plants and rail. Her clients include developers, contractors, sub-contractors, government bodies, consultants and investors. Stephenson Harwood’s construction an arbitrator, bringing her understanding of legal nuances to the fore. Her arbitration experience is extensive, covering major institutions such as the International Chamber of Commerce (ICC), the Dubai International Financial Centre-London Court of International Arbitration (DIFC-LCIA), the Dubai International Arbitration Centre (DIAC), and various ad hoc proceedings. In the past year, Beale & Co. has achieved numerous signifi cant cases in the Middle East including the successful defence against claims in an ICC Arbitration involving a landmark development project in Saudi Arabia. complexes, mixed-use developments, recreational and commercial properties, as well as infrastructure projects. This broad spectrum of experience underlines his capability to handle a wide array of projects with varying complexities and requirements. In the past year, Banathy has spearheaded Driver Trett’s strategic expansion into Saudi Arabia, further cementing the fi rm’s presence and infl uence in the Middle East. His contributions continue to drive the fi rm’s success and reputation as a leading consultancy in construction in the region. team, led by multiple global partners, off ers specialist advice on major Middle Eastern projects and resolves complex, cross-border disputes. Their diverse clientele includes government bodies, employers, contractors, public authorities, private developers, funders, and other stakeholders involved in high-value construction and engineering disputes. Over the years, Magda has gained signifi cant experience working in several jurisdictions, and therefore is able to coordinate multi- jurisdictional proceedings on a client’s behalf. Peter Banathy Regional Director, Driver Trett Magda Kofl uk Managing Associate, Stephenson Harwoods 7 6JUNE 2024 155 | POWER 150 | Dean Ryburn Partner, Dentons 8 Next on the list is Dean Ryburn, who leads Dentons’ Middle East construction and dispute resolution team. Over the past year, Ryburn has signifi cantly contributed to the professional development of the sector by conducting specialised training sessions on construction law for senior legal counsel within the oil and gas and construction industries. He has also delivered a comprehensive workshop on the 2017 FIDIC Contracts, which was attended by over 150 employees. Clients hold Ryburn in high regard, praising him as a ‘hands-on’ partner who possesses Rohit Singhal, a leading arbitration specialist, has once again secured a spot on our list this year. As the CEO of Masin, Singhal has driven the fi rm’s global expansion to eight countries, working on projects in 30 countries and managing over $100 billion in construction claims. With over 26 years of experience, Singhal’s expertise encompasses infrastructure contracts, dispute resolution, expert testimony in arbitration, and litigation support. Prior to Masin, he was the CEO of an international EPC contracting fi rm, specialising in large-scale oil, Nicholas Kramer, Partner at Norton Rose Fulbright, has had an outstanding year marked by signifi cant achievements. Leading the award-winning deals Project Wave and Al Wakrah, he has successfully earned a hefty number of globally-recognised awards. Additionally, Kramer’s team has secured panel appointments with two prominent Abu Dhabi state-owned entities, resulting in substantial new instructions. 2023 has been a particularly successful year for his team, with Kramer spearheading major infrastructure projects across the UAE, Saudi the ability to quickly grasp complex technical and legal details. He is known for his talent in formulating clear, actionable strategies and working collaboratively with client representatives, experts, and legal counsel to implement these strategies effi ciently and cost-eff ectively. Under Ryburn’s leadership, Dentons provides advisory services on both contentious and non-contentious issues. The fi rm is adept at handling substantial disputes across the region, including in key markets such as the UAE, Oman, Qatar, and Saudi Arabia. gas, and infrastructure projects, and played key roles at SHELL and Engineers India Limited. Singhal has served as the lead expert in nearly 60 arbitrations, covering delays, technical matters, valuation, and various dispute types. He has been pivotal in high- profi le arbitrations involving mega projects like NEOM, Riyadh Metro, Etihad Rail, and India Bullet Train. Under Singhal’s leadership, Masin actively participates in CSR initiatives, focusing on supporting underprivileged cancer patients in India. Arabia, and Uzbekistan, and notably advising on the $2.2 billion Project Wave and co-leading Qatar’s $720 million Al Wakrah and Al Wukair STP PPP project. Moreover, Norton Rose’s global revenue for 2023 was approximately $2.26 billion, with promising projections for 2024. As a member of the Middle East CSR committee, Kramer contributes to initiatives like setting science- based net-zero targets with SBTi, participating in the DIFC Court’s Pro Bono Programme, and supporting Save the Children’s “One child, one story” campaign. Rohit Singhal CEO, Masin Nicholas Kramer Partner, Norton Rose Fulbright 10 9| OPINION | 156 JUNE 2024 FROM CONFLICT TO COLLABORATION: REDEFINING CONSTRUCTION CONTRACTS Colin Fox, Director at TBH, discusses the pros and cons of overcoming the confrontational nature of construction contracts and shares lessons learned from global practices Construction contracts have traditionally been a source of confl ict within the industry, often leading to costly and time-consuming disputes. The adversarial nature of construction contracts is usually because these contracts do not encourage negotiation or partnership but rather position the parties with opposing goals. Each party, driven by their own interests, will strategies to reduce adversarial relationships and encourage collaboration. For example, the UK has been at the forefront of implementing partnering arrangements, which are less formalised and promote cooperation between parties, for the last 25-30 years. These contracts are designed to align the objectives of the client and the contractor, recognising that both parties have specifi c objectives that are not necessarily inconsistent. Using a collaborative approach, stakeholders work within the boundaries of traditional contracts—but their agreements try to manage the contract to their advantage, which can naturally lead to disagreements. Since construction contracts often contain clauses that are interpreted subjectively by the parties, confrontations will occur when these interpretations clash. GLOBAL APPROACHES TO ADVERSARIAL AND NON-ADVERSARIAL CONTRACTING Some countries have adopted contract | OPINION | JUNE 2024 157 Colin Fox, Director at TBH are grounded in the understanding that both owners and contractors want the best possible outcome and that each party brings unique strengths and capabilities to the table. By promoting a collaborative environment where issues are addressed as they arise, rather than at the end of the project, these contracts can help in maintaining continuous progress and reducing confrontations. ADAPTING LESSONS TO THE MIDDLE EAST REGION Adopting these types of collaborative contract strategies can assist parties on both sides of the table to work together towards common goals. This approach helps in the early identifi cation and resolution of issues, reducing delays and costs associated with disputes, leading to more successful project completions and stronger, long-term business relationships. This is especially relevant in the Middle East right now as the region continues to develop and participate in increasingly complex construction projects. Key elements that could be included in construction contracts in the region that would help minimise disputes include simpler, unambiguous language, detailed scope of work, well-defi ned risk allocation, and explicit mechanisms for change management and dispute resolution. It would also be helpful to include clauses that promote collaboration and mutual objectives, as well as provisions for early intervention and regular communication among parties. CONSTRUCTION CONTRACT STRATEGIES AND MOTIVATIONS Construction contract strategies across diff erent countries can be shaped by cultural and political diff erences. For instance, both Australia and the Middle East have contract strategies with a strong emphasis on contractor risk allocation. Stakeholders in these regions tend to be very traditional and approach contracts in a rather one-dimensional manner, whereas, in the UK, the variety in terms of contract forms and procurement is more varied. The Australian construction industry is heavily defi ned by adversarial relationships and confrontational contract strategies. This is partly due to the common law legal system, which emphasises contractual freedom and the enforcement of contract terms as agreed by the parties. Naturally, lawyers also have a vested interest in this business landscape. In the UK, there is a greater emphasis on construction professionals overseeing and managing the execution and administration of these contracts, certainly until disputes become formal in nature. The civil law legal system, which is more prevalent in many Middle Eastern countries, is generally more prescriptive, with codifi ed laws that provide a detailed framework for contracts. However, the interpretation and application of these laws can vary, leading to uncertainties and disputes, too. Macroeconomic aspirations often play a factor, too, especially at a governmental level. For example, in Saudi Arabia, the Public Investment Fund fi nances megaprojects that cost billions of dollars. Consequently, strategic considerations come into play in the management of those projects, resulting in wider motivations, including macroeconomic requirements as opposed to normal project criteria, like ensuring value for money. IMPROVING RELATIONSHIPS In the past, many contractors have come to the Middle East, been unsuccessful fi nancially, and left, never to return. Many consider the region carries too many unmanageable risks, believing that it’s impossible to make money because the administration of the contracts is perceived as rigid and unreasonable, among other issues. On the other hand, local companies realise that an adversarial approach is not helpful to the region’s reputation. This leads to more reasonable and collaborative behaviours, trying to solve issues as they arise, to the benefi t of both parties. In doing so, they fi nd themselves almost, by default, in a collaborative, partnering, non- confrontational position because they know they need these experienced contractors to deliver, and there aren’t enough of them to deliver the anticipated workload. To get things moving and prevent delays— rather than analysing contract issues in detail, it is becoming more prevalent to seek negotiated settlements, in an attempt to consider all the competing issues and deliver a solution, expeditiously. LOOKING AHEAD Countries like the UK have demonstrated that it is possible to overcome adversarial relationships and improve project outcomes. The lessons learned from these examples can possibly be adapted to the Middle East to reduce disputes and help create a more collaborative culture. A cynic might say that non-confrontational arrangements only work if the client has enough fi nancial resources to resolve any issues. Well, there’s no doubt that in the Middle East, many companies do have the funds necessary to address these problems. So, ultimately, it really comes down to the varying objectives of all parties. The phrase “know the cost of everything and the value of nothing” is often levied at parties in construction. The question to be considered is how both parties interact to ensure their objectives are reasonably met, including, from the client’s perspective, ensuring any public objectives are satisfi ed. Next >