Yann Schneller

Yann Schneller

Yann Schneller is a qualified French lawyer focusing his practice on the avoidance and resolution of disputes in international construction projects. Yann strongly believes that most construction disputes can be avoided. He therefore assists employers and contractors on the full cycle of complex, high-value construction contracts to help the parties achieve project completion dispute free.

Yann provides strategic procurement advice, contract drafting and negotiation, as well as contract management services. He also assists clients in resolving disputes through alternative dispute resolution processes. He represents clients in international arbitration proceedings, both ad hoc and under the rules of major arbitration centres.

Further to his work as counsel, Yann regularly sits as arbitrator. He is trained in both civil law and common law. He studied in France and in England, where he earned the Construction Law and Dispute Resolution MSc at King’s College London with a merit. His dual background allows him to understand and navigate the different approaches across civil and common law jurisdictions within which construction contracts operate. He is committed to resolving disputes efficiently and pragmatically. Yann also acts as dispute board member. A FIDIC Certified Adjudicator, he is included in FIDIC President’s List of Approved Dispute Adjudicators.

Having a passion for teaching, Yann has thus far delivered over 300 hours of training and lectures to construction professionals, in-house counsel, dispute resolution specialists, government officials and law-school students on topics related to international arbitration, the avoidance and resolution of construction disputes and the FIDIC Contracts. Yann is a FIDIC Certified Trainer.

  • Co-arbitrator in an ICC arbitration relating to the construction of an underground in the Middle-East. The arbitration was governed by laws of Qatar. The seat of the arbitration was Doha. The language of the arbitration was English.
  • Co-arbitrator in an ICC arbitration relating to the performance of construction works. The arbitration was governed by the laws of France. The seat of the arbitration was Paris. The language of the arbitration was English.
  • Sole arbitrator in an ICC arbitration relating to the performance of a subcontract. The seat of the arbitration was Paris. The language of the arbitration was English.
  • Sole arbitrator in an ICC arbitration relating to the performance of a consultancy services agreement for the performance of feasibility studies. The seat of the arbitration was Paris. The language of the arbitration was French.
  • Sole arbitrator in an ICC arbitration relating to the performance and the termination of a lease agreement. The Expedited Procedure Provisions applied. The dispute was governed by the laws of the Islamic Republic of Mauritania. The seat of the arbitration was Paris. The language of the arbitration was English.
  • Sole arbitrator in an ICC arbitration relating to the conformity of the sale of nickel powder. The Expedited Procedure Provisions applied. The dispute was governed by the laws of France. The seat of the arbitration was Paris. The language of the arbitration was English.
  • Sole arbitrator in an ICC arbitration relating to the performance of a settlement agreement. The Expedited Procedure Provisions applied. The dispute was governed by the laws of France. The seat of the arbitration was Paris. The language of the arbitration was English.
  • Sole member (standing) DAAB in relation to the reconfiguration of water distribution systems in the Southern Gaza Directorates. The contract amount was USD 22 million (FIDIC Red Book 2017).
  • Sole member (ad hoc) DAB in relation to the construction of sanitary landfill in Georgia (FIDIC Yellow Book 1999).
  • Arbitral secretary in a VIAC arbitration relating to the performance of civil works for a urban railway construction project in South-East Asia (FIDIC Silver Book 1999). The language of the arbitration was English.
  • Arbitral secretary in an ICC arbitration relating to the termination of an agency agreement. The dispute was governed by the laws of France. The seat of the arbitration was Paris. The language of the arbitration was French.
  • Arbitral secretary in an arbitration governed by the arbitration rules of the European Development Fund relating to the rehabilitation of a road in Haiti. The dispute was governed by the laws of Haiti. The seat of the arbitration was Paris. The language of the arbitration was French.
  • Arbitral secretary in an arbitration governed by the arbitration rules of the European Development Fund relating to the rehabilitation of a road in Senegal. The dispute was governed by the laws of Senegal. The seat of the arbitration was Dakar. The language of the arbitration was French.

Contract drafting and negotiation:

  • Advising and assisting a Middle Eastern contractor in risk analysis and negotiation of a contract for the provision of MEP services in relation to the construction of two hospitals in sub-Saharan Africa (FIDIC Green Book 2021).
  • Advising and assisting a European contractor in risk analysis and negotiation of a contract for the provision of design services for a EUR 25 million construction project in Saudi Arabia (FIDIC White Book 2017).
  • Advising and assisting a logistics operator in the drafting and negotiation of construction contracts for the extension works of the yard surface area of a port in West Africa (including FIDIC Red, Yellow, Green and White Books).
  • Advising and assisting a North-African engineering company in drafting its general and particular conditions of contract for its day-to-day business for the provision of procurement, design, construction and contract administration services. This included drafting a construction contract, an EPC contract, an EPCM contract, a design services contract, an operation and maintenance contract, and a contract for the supply of industrial equipment. We also provided training in relation to these contracts to familiarise the legal, project and delivery teams with the content and operation of these contracts.

 

Contract and claim management:

  • Advising and assisting a contractor in the management and resolution of claims for an extension of time and additional costs relating to the construction of buildings as part of the development of a nuclear plant. The contract price was EUR 87 million. The amount in dispute was EUR 15 million (FIDIC Yellow Book 1999).
  • Advising and assisting a logistics operator in the analysis and the management of a design defect claim in relation to the construction of a port in West Africa. The contract price was EUR 58 million. The amount in dispute was EUR 1 million (FIDIC Yellow Book 1999).
  • Advising and assisting a contractor in the analysis and management of claims relating to the engineering and the construction of floating foundations for an off-shore wind farm. The Contract price was EUR 80 million. The amount in dispute was EUR 15 million (FIDIC Yellow Book 1999).
  • Advising and assisting a European contractor in the analysis and management of claims relating to the rehabilitation of a hydro power plant in sub-Saharan Africa. The Contract price was EUR 45 million. The amount in dispute was EUR 5 million (FIDIC Pink Book 2010).
  • Advising and assisting a Middle Eastern employer in the management and resolution of claims for extensions of time and additional costs relating to:
    • the construction of a high-rise building. The contract price was USD 710 million. The amount in dispute was USD 250 million (FIDIC Red Book 1999).
    • the construction of a conference centre. The original contract price was USD 200 million. The amount in dispute was USD 190 million (FIDIC Red Book 1999);
    • the construction of roads and associated utilities. The original contract price was USD 200 million. The amount in dispute was USD 122 million (FIDIC Red Book 1999);
    • the construction of roads, junctions, tunnels and land bridges. The original contract price was USD 71 million. The amount in dispute was USD 58 million (FIDIC Red Book 1999);
    • the construction of 57 skywalks. The original contract price was USD 93 million. The amount in dispute was USD 40 million (FIDIC Red Book 1999);
    • the construction of a Financial Plaza. The original contract price was USD 77 million. The amount in dispute was USD 19 million (FIDIC Red Book 1999);
    • the design and the construction of 44 towers offering office, residential and commercial accommodation as well as two five-star hotels. The original contract price was USD 3.7 billion. The amount in dispute was USD 1.2 billion (FIDIC Yellow Book 1999);
    • the design and the construction of four office buildings. The original contract price was USD 410 million. The amount in dispute was USD 83 million (FIDIC Yellow Book 1999);
    • the design and the construction of two office buildings. The original contract price was USD 351 million. The amount in dispute was USD 167 million (FIDIC Yellow Book 1999).
    • the design and the construction of two high-rise office buildings. The original contract price was USD 306 million. The amount in dispute was USD 370 million (FIDIC Yellow Book 1999);
    • the design and the construction of dedicated car parks. The original contract price was USD 163 million. The amount in dispute was USD 84 million (FIDIC Yellow Book 1999);
    • the design, construction and operation of a chilled water plant. The original contract price was USD 207 million. The amount in dispute was USD 10 million (FIDIC Gold Book 2008).
    • the design, construction, and operation of an automated waste collection system. The original contract price was USD 34 million. The amount in dispute was USD 13 million (FIDIC Gold Book 2008).
  • Advising and assisting, more generally, the legal, project and delivery teams with contract drafting and negotiation, contract performance and interpretation, contract and claim management, drafting of contract amendments and settlement agreements.

 

International arbitration: 

  • Representing a contractor in an ICC arbitration relating to a construction project in North Africa. The amount in dispute was USD 65 million. The seat of the arbitration was Paris. The language of the arbitration was French.
  • Representing a contractor in an ICC arbitration relating to a construction project in West Africa. The amount in dispute was USD 30 million. The seat of the arbitration was Paris. The language of the arbitration was French.
  • Representing a contractor in an ICC emergency arbitration to secure the funds for the enforcement of the award on the merits. The seat of the arbitration was Paris. The language of the arbitration was French.
  • Representing a contractor in an ICC arbitration relating to construction projects in sub-Saharan Africa. The amount in dispute was USD 25 million. The seat of the arbitration was Paris. The language of the arbitration was French.
  • Representing a contractor an ICC arbitration relating to a construction project in sub-Saharan Africa. The amount in dispute was USD 12 million. The seat of the arbitration was Paris. The language of the arbitration was English.
  • Representing the Democratic Republic of the Congo in an ICC arbitration relating to the construction of an agro-industrial park. The amount in dispute was USD 23 million. The dispute was governed by the laws of the Democratic Republic of the Congo. The seat of the arbitration was Paris. The language of the arbitration was English.
  • Representing a State-owned entity in an ICC emergency arbitration relating to the right to exploit a strategic mineral deposit in the Democratic Republic of the Congo. The amount in dispute was USD 850 million. The dispute was governed by the laws of the Democratic Republic of the Congo. The seat of the arbitration was Paris. The language of the arbitration was French.
  • Representing a contractor in an ICC arbitration relating to the performance of an agency agreement. The amount in dispute was USD 2.5 million. The dispute was governed by the laws of France. The seat of the arbitration was Paris. The language of the arbitration was English.
  • Representing a contractor in an ICC arbitration relating to the construction of an industrial building. The amount in dispute was USD 12 million. The dispute was governed by the laws of France. The seat of the arbitration was Paris. The language of the arbitration was French.
  • Representing a state-owned entity in an ICC arbitration relating to the performance of a contract for the sale of copper. The amount in dispute was USD 15 million. The dispute was governed by the laws of France. The seat of the arbitration was Paris. The language of the arbitration was French.
  • Representing a family business in two ICC arbitrations relating to the sale of a strategic asset and the performance of a distribution agreement in Morocco. The amount in dispute was USD 65 million. The dispute was governed by the laws of the Kingdom of Morocco. The seat of the arbitration was Paris. The language of the arbitration was French.
  • Representing a contractor in an ICC arbitration relating to the supply and installation of the air-conditioning system of the new Tripoli airport tower control. The amount in dispute was USD 2.5 million. The dispute was governed by the laws of France. The seat of the arbitration was Paris. The language of the arbitration was French.
  • Representing a public sector employer in an ICC arbitration relating to the electrification and the modernisation of a railway in Tunisia. The amount in dispute was USD 40 million. The dispute was governed by the laws of France. The seat of the arbitration was Paris. The language of the arbitration was French.
  • Representing an employer in two ICC arbitrations relating to the construction of a gas terminal. The amount in dispute was USD 300 million. The dispute was governed by the laws of France. The seat of the arbitration was Paris. The language of the arbitration was French.
  • Representing a European investor in an ICSID arbitration relating to the operation of a cement manufacturing plant in Egypt. The amount in dispute was USD 70 million. The arbitration was conducted in English and French.
  • Representing the Republic of Guinea in an ICSID arbitration relating to the withdrawal of the rights to exploit the Simandou iron ore deposit. The amount in dispute was USD 5 billion.
  • Representing the Republic of Guinea in an ICSID arbitration relating to the construction and the operation of a business district. The amount in dispute was USD 107 million. The language of the arbitration was French.
  • Representing an investor in an CCJA-OHADA arbitration relating to the repayment of a bank loan for the construction of a hotel in Tchad. The amount in dispute was USD 5 million. The seat of the arbitration was Abidjan. The language of the arbitration was French.
  • Representing the Republic of Guinea in an CCJA-OHADA arbitration relating to the termination of a concession agreement for the operation of a container terminal. The amount in dispute was USD 45 million. The dispute was governed by the OHADA Treaty and the Uniform Acts. The seat of the arbitration was Abidjan. The language of the arbitration was French.
  • Representing a state-owned entity in a CCAT arbitration relating to the repairs of motor train components. The amount in dispute was USD 1.5 million. The dispute was governed by the laws of France. The seat of the arbitration was Tunis. The language of the arbitration was French.
  • Representing a European investor in an arbitration governed by the UNCITRAL arbitration rules relating to the expropriation of an investment in the telecommunications sector in Poland. The amount in dispute was USD 2 billion. The language of the arbitration was English.
  • Representing a supplier in an arbitration governed by the arbitration rules of the Franco-German Chamber of Commerce relating to a supply agreement. The amount in dispute was USD 30 million. The dispute was governed by the laws of France. The seat of the arbitration was Paris. The language of the arbitration was English.
  • Representing shareholders in an ad hoc arbitration relating to the rights to use a car manufacturer trademark. The amount in dispute was USD 18 million. The dispute was governed by the laws of France. The seat of the arbitration was Paris. The language of the arbitration was French.

Yann is a member of the following professional organizations:

ICC Commission on Arbitration and ADR

Society of Construction Law

Dispute Resolution Board Foundation

IBA International Construction Projects Committee

ICC Institute of World Business Law

French National Committee of the ICC

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