Panellists

John W. Hinchey, Esq

Representative Matters [fa icon="caret-right"]

Mr. Hinchey has arbitrated, mediated, or served as consultant or advocate in a great variety of large national and international complex construction and infrastructure disputes, including the construction of an oil refinery in India; the construction of an off-shore oil drilling platform in the Gulf of Mexico; the design and construction of an ethanol plant in the U.S. Midwest; the financing and development of a waste-to-energy plants in the Mid-Western and Eastern United States; the design and construction of a large electric power generation plant in Boston; the construction of a re-fueling airport facility in Qatar; the construction of the World Congress Center in Atlanta; ICC arbitration concerning a mining project in Peru; litigation in London involving the world’s largest beverage concentrate plant in Ireland; the design and construction of a resort hotel and residential complex in Mexico; the design and construction of an oil pipeline and storage facility in Canada and the United States; construction of a large resort in the Cayman Islands; an offshore intake system for a power plant off the Western Coast of Mexico; and the design and construction of a fiber-optic transmission system covering the Eastern Seaboard of the United States. Mr. Hinchey has also served on arbitration panels involving disputes between a global transportation service company and a transcontinental railroad company and between the owner and contractors of an energy wind farm in the Eastern United States. He has also served on several DRB panels, including service as chair on a DRB involving one of the largest hotel and resort projects in the Western Hemisphere.

  • Confirmation of an ICC Tribunal in San Francisco, involving a 4 – billion claim arising from the design and construction of a nuclear reactor plant in Southern California
  • Appointment and confirmation on an ICDR Tribunal in Houston, involving a 100- million claim arising from the construction of a chlorine gas processing plant.
  • Litigation, arbitration and mediation of dispute between U.S. based railway company and international telecommunications company
  • Litigation of claims and defense of claims on behalf of U.S.-based apartment and condominium developer multiple states
  • Assertion of claims on behalf of and defense of claims against Home Depot, Inc. arising out of construction projects
  • Litigation, arbitration and mediation of disputes in defense of Ritz Carlton Resorts Developer near Atlanta, Georgia
  • Litigation in London Technology and Construction Court on behalf of international consumer products company against large international contractor
  • Advice and counsel to Chilean Developer re: defense of claims by world class international contractor
  • Service as member of Disputes Review Board involving claims arising out of regional medical center
  • International arbitration before ICC concerning dispute arising out of mining project in Peru
  • Arbitration involving assertion of and defense of claims against Rolls Royce, Inc. involving power generation plan in Illinois
  • Arbitration of claims arising out of construction of Atlanta Hartsfield Airport, Concourse E
  • Assertion of claims, litigation and mediation on behalf of Wal-Mart Stores, Inc. against contractors and sureties arising out of construction of multiple Super Centers and stores in multiple states throughout South East United States
  • Involved in all aspects of UPS and Turner Broadcasting System’s construction projects
  • Represented Wal-Mart, Inc., in multi-state construction litigation
  • Represented The Coca-Cola Company in construction matters
  • Served as principal counsel or negotiated or performed risk analyses of a variety of design build, infrastructure, turnkey, and EPC agreements for such projects as the:
  • Al Udeid Air Base Fueling Facility in Qatar
  • Yale University construction program
  • Military housing projects throughout the United States
  • Turner Field in Atlanta
  • Houston Astros Stadium
  • New England Patriots Stadium
  • Philadelphia Eagles Stadium
  • Proposed new Tacoma Narrows Bridge
  • Monorail project in Las Vegas, Nevada
  • Renovation of the Bethpage USGA golf course for the U.S. Open (1997)
  • Drafted the design, construction and procurement agreements for the 1966 Summer Olympic Games and the 2004 G-8 World Conference
Honors, Memberships, and Professional Activities [fa icon="caret-right"]
  • Recognized by Best Lawyers as one of the 2016 Best Lawyers in America for ADR
  • Listed, International Who's Who of International Arbitration, 2015
  • Listed, International Who's Who of International Mediators, 2015
  • Best Lawyers in America, 2003-2014
  • Recognized as Arbitration “Lawyer of the Year", Atlanta, Best Lawyers in America, 2014
  • Recognized as Arbitration “Lawyer of the Year", Washington, D.C., Best Lawyers in America, 2012
  • Listed, International Who's Who of Commercial Arbitration, 2012
  • Recognized as a “Top 100” Georgia SuperLawyer by Law & Politics Magazine, 2004-2010
  • Recipient of Diploma in International Arbitration, conferred by the Chartered Institute of Arbitrators (2012) Appointment to the Institute for Energy Law Panel
  • Fellow, College of Commercial Arbitrators, 2009-present
  • Appointment to the Chartered Institute of Arbitrators Faculty
  • Appointment to the Presidential Panel of Arbitrators for the Chartered Institute of Arbitrators
  • Appointment to the Advisory Board of the Institute for Transnational Arbitration
  • Designated with the highest level ranking, 1st Band, Leading Individual Lawyers (Construction-Georgia), Chambers and Partners (2005-date)
  • Advisory Board, Institution of Civil Engineers (ICE) Journal of Management, Procurement and Law (2010-2011)
  • Cited in Guide to the World’s Leading Experts in Commercial Arbitration, 2008-2010
  • Cited among the Top 10 “Most Highly Regarded Individuals-Global,” International Who’s Who of Construction Lawyers, 2007-2015
  • Cited by Legal 500 United States as “thorough, competent and good at communicating issues,” 2010
  • Georgia Trend’s “Legal Elite,” 2010
  • Elected in 2011 as an Honorary Fellow in the Canadian College of Construction Lawyers
  • Recipient of the Cornerstone Award, highest lifetime achievement award for distinguished service by the American Bar Association, Forum on the Construction Industry, 2006
  • Former President (2008-2009) and Board of Governors, 2006-2008, American College of Construction Lawyers
  • Past Chair, American Bar Association, Forum on the Construction Industry, 1996
  • Past Chair, Atlanta Bar Association, Construction Law Section, 1999-2000
  • Past Chair, Georgia State Financing and Investment Commission (GSFIC), 2005
  • Co-chair, International Bar Association, International Construction Projects Committee, 2009-2010
  • CPR International Institute for Conflict Prevention and Resolution Distinguished Panel of Neutrals-Construction, 2007-present
  • Council of Distinguished Advisors, Guest Lecturer, The Straus Institute for Dispute Resolution, Pepperdine University School of Law, 2006-present
  • Guest Lecturer, Georgia State University, Global Partners MBA Program, 2008-2010
  • Member, Chartered Institute of Arbitrators, 2001-present
  • Member: U.S. Supreme Court, Georgia Supreme Court, London Court of International Arbitration, U.S. Court of Appeals (11th Circuit), U.S. Middle District Court (Georgia), U.S. Northern District Court (Georgia), U.S. Southern District Court (Georgia)
Representative Publications and Presentations [fa icon="caret-right"]

Mr. Hinchey is the co-author of International Construction Arbitration Handbook(ThomsonWest, 2d edition, 2012); Co-author, International Construction Law: A Guide for Cross-Border Transactions (ABA, 2009); Co-author, Handbook on Arbitration Practice (2009); Co-author, Construction Law Glossary (ABA, 2010); Author, “Taming Construction Disputes Through Rapid Resolution”, Engineering News-Record (2009), and regularly speaks and presents papers to conferences on construction and dispute resolution topics around the world.

  • Speaker for The Institute of Internal Auditors at a joint breakfast meeting with the Atlanta Bar Association’s Litigation Section and Dispute Resolution Section on the topic of: "Effective Advocacy, Management in Arbitration," February 12, 2016
  • Author, Hinchey & Harris International Construction Arbitration Handbook, published by Thomson West (2013, 2014, 2015 ed.) (Originally published in 2008)
  • Chapter author, “International Arbitration”, published in Construction ADR, by the American Bar Association (2014)
  • Chapter author, “Fast-track International Construction Arbitration”, published in Contemporary Issues in International Arbitration and Mediation – The Fordham Papers (2012) (Nijoff, 2013)
  • Co-author, International Construction Law: A Guide for Cross-Border Transactions, Chapter 10, “Construction Dispute Resolution”, published by the American Bar Association (2009)
  • Author, “Rethinking Conflict in Construction Project Delivery and Dispute Resolution,” Vol. 29, Part 1, International Construction Law Review, January, 2012
  • Author, Chapter 12, “Dispute Resolution in Managing Gigaprojects”, American Society of Civil Engineers, 2012
  • Author, "Creative Construction Dispute Resolution in Hard Economic Times," Construction Manager, the magazine of the Chartered Institute of Building, April 2013
  • Co-author, International Construction Law: A Guide for Cross-Border Transactions, Chapter 10, “Construction Dispute Resolution”, published by the American Bar Association (2009)
  • Co-author, Handbook on Arbitration Practice, Chapter 26 “An Arbitrator’s Authority to Award Attorney Fees for Bad-Faith”, published by the American Arbitration Association (2010)
  • Co-author, Construction Law Glossary, American Bar Association, Forum on the Construction Industry, 2010
  • Co-author: International Construction Law: A Guide to Cross-Border Transactions, American Bar Association, 2009
  • Co-author, Chapter 5 Preface, Justin Sweet Anthology, published by the American Bar Association, Forum on the Construction Industry (2009)
  • Author, Taming Construction Disputes Through ‘Rapid Resolution’, Engineering News-Record, July 8, 2009
  • Contributing author, JAMS Global Engineering and Construction Newsletter, 2009-2011
  • Speaker and Panelist, Atlanta International Arbitration Conference on Professional Ethics in International Arbitration, November 2014
  • Speaker and Panelist, American Bar Association, Section of Dispute Resolution, Arbitration Institute, Los Angeles, February 2011
  • Speaker and Panelist, Meetings of the Society of Indian Law Firms and India Chapter of the Chartered Institute of Arbitrators, November 2010
  • Speaker and Panelist, Construction Managers of America (CMAA) Annual Conference, Orlando, Florida, 2009
  • Speaker and Panelist, ABA Section of Dispute Resolution, ABA Mid-year Meeting on the topics: “Current Trends and Developments in International Arbitration” and “Reigning in Costs and Delays in Commercial and Construction Arbitration,” Orlando, Florida, 2010
  • Speaker and Panelist, International Litigation and Arbitration Conference on Regional Developments in the United States, Miami, 2010
  • Speaker and panelist; Inaugural Conference of the Atlanta International Arbitration Society, “The United States and its Place in the International Arbitration System of the 21st Century: Trendsetter, Outlier or One in a Crowd,” (April 16, 2012)
  • Speaker and panelist; Seventh Annual Fordham Law School Conference on International Arbitration and Mediation, King’s College, London (April 26–27, 2012)
  • Speaker, presentations by the American and Canadian Colleges of Construction Law, in conjunction with the 2012 International Construction Law Conference of the Society of Construction Law, Melbourne, Australia (May 6-8, 2012)
  • Featured Speaker and Panelist at the Chartered Institute of Arbitrators Conference on Costs of International Arbitration, London (September 2011)
  • Keynote Speaker and Panelist, Society of Construction Law of Australia, Annual Conference, Sydney, August 5-7, 2011, on “Rethinking Adversarialism”
  • Panelist, 5th Annual Arbitration Institute, Atlanta, August 19, 2011, on “Advanced Arbitration Case Management”
  • Featured speaker to the Society of Indian Law Firms on arbitration subjects, New Delhi, November 27, 2010
  • Featured speaker on international commercial arbitration to the Indian Branch of the Chartered Institute of Arbitrators, Mumbai, India, December 2, 2010
  • Adjunct lecturer, Georgia State University, Global Partners MBA Program (2008-2011)
  • Panelist and Moderator, 4th Annual Arbitration Institute, co-sponsored by State Bar of Georgia, Dispute Resolution Section and Institute of Continuing Legal Education (Atlanta, 2010)
  • Speaker and Panelist, ABA Section of Dispute Resolution, ABA Midyear Meeting on the topics: “Current Trends and Developments in International Arbitration” and “Reigning in Costs and Delays in Commercial and Construction Arbitration,” (Orlando, 2010)
  • 8th International Litigation and Arbitration Conference, Florida Bar Association (February 12, 2011), Miami, Florida. Topic: “Regional Developments in the United States”
  • Speaker and Panelist, The 3-D’s of International Business Transactions, sponsored by the Chartered Institute of Arbitrators, on the topic: “Presenting Your Case to an International Tribunal” (Atlanta, 2009).
  • Speaker and Panelist, 2009 Neutrals Conference, 16th Annual Alternative Dispute Resolution Institute, on the topic: “Is Arbitration Broken?” (Atlanta, 2009)
  • Speaker and Panelist, Construction Managers of America (CMAA) Annual Conference on the topic: “What Construction Managers Should Know about Dispute Resolution”, (Orlando, 2009)
  • Program Chair and Moderator, The Next Wave of Construction Dispute Resolution, The Seminar Group (Atlanta, 2009)
  • Panelist, Resolving Construction Law Issues Across the 49th Parallel, sponsored by Society of Illinois Construction Attorneys and JAMS (May 28, 2009), Chicago, Illinois.
  • Author, “Taming Construction Disputes Through Rapid Resolution,” published in Engineering News Record (July 08, 2009)
  • Co-presenter, American Arbitration Association Global Webinar; September 10, 2009; Topic: “Hot Topics in International Construction Dispute Resolution”
  • Panelist, Associated Owners & Developers, 2009 National Conference, Atlanta; (September 15, 2009); Topic: “Managing the Risks and Obligations of Electronic Discovery; Sanctions, Spiraling Costs and Accessibility”
Background and Education [fa icon="caret-right"]
  • M.Litt., (Comparative Law), Oxford University, England
  • LL.M., (International Law), Harvard Law School
  • LL.B., Emory University
  • A.B., Emory University
  • Clerkship, Supreme Court of Pakistan (1967)

Contact

Matthew Rushton
Deputy Managing Director
JAMS International, 70 Fleet Street,
London, UK EC4Y 1EU

T: +44 207 936 3538
F: +44 207 936 3325

mrushton@jamsinternational.com

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"One of the Top Construction ADR Practitioners"

Chambers USA 2010 America's Leading Lawyers for Business