About Philip
Philip Boulding KC was called to the Bar of England and Wales in 1979 and has been a member of Keating Chambers since 1980. He is now based primarily in Asia as a member of Pacific Chambers and specialises in the fields of construction, engineering, technology law and related professional negligence work.
Philip’s practice comprises primarily international arbitration work and his clients include local authorities, government departments, major national and international construction and engineering companies, energy and utility companies and developers. He is also a TECBAR accredited adjudicator.
Philip also sits regularly as an arbitrator and has recently acted as Chairman of a DIAC arbitral tribunal in Dubai in relation to disputes arising from the construction of a gas production facility in Iraq as well as the Chairman of a 3-person ICC Arbitral Tribunal concerning a dispute arising out of the construction of an oil facility in BASRA, Iraq.
Praised as a “hard-working silk and powerful cross-examiner” who “is always there when you need him, quick to respond, very thorough and a brilliant team member”, Philip is recommended for his work in Chambers & Partners UK Bar, Global and Asia Pacific guides, Legal 500 Asia Pacific and Who’s Who Legal, as well as in Doyle’s Guide as a leading barrister in Hong Kong for construction and infrastructure. Philip has also been recognised by his peers and featured in the 2024 edition of The Best Lawyers in the United Kingdom™ for his high calibre work in Construction Law.
Recent cases have included:
- Acting for a developer in Hong Kong in relation to the development of a large retail and residential development adjacent to Chek Lap Kok airport, Hong Kong, in a dispute concerning additional costs and delays to the execution and completion of the development consequent upon measures implemented in Hong Kong as a result of and to combat the Covid epidemic.
- Acting for a contractor constructing a large sporting complex in Hong Kong and seeking relief against its employer as a result of additional costs and delays to the execution and completion of the project consequent upon measures implemented in Hong Kong as a result of and to combat the Covid epidemic.
- Acting for multinational professional services firm in relation to a professional negligence claim arising out of the design and supervision of the construction of an iconic bridge in Hong Kong resulting in alleged defects therein.
- Acting for a Fijian financial institution leading a junior from the Sydney Bar in a dispute with an international contractor concerning delays in the completion of and construction defects in a retail shopping centre development in Fiji.
- Acting for a developer in a dispute in Hong Kong arising out the need to demolish and re-build 2 residential tower blocks constructed above an MTR station as a result of defective concrete.
- Acting for a Fijian University in a dispute with its main contractor arising out of the construction of teaching accommodation for the University.
- Acting for a Hong Kong Joint Venture in a dispute arising out of a piling sub-contract relating to the construction of a police station on the site of an old airport in Kowloon, Hong Kong.
- Acting for Hong Kong MRTCL in the high profile Hung Hom Station Public Inquiry (Hong Kong’s longest and most expensive Public Inquiry ever) concerning alleged construction defects in the station extension with the potential to cause a danger to the travelling public (which involved being called to the Hong Kong Bar on an ad hoc basis).
- Acting in Hong Kong court proceedings (which involved being called to the Hong Kong Bar on an ad hoc basis) in relation to applications concerning arbitration awards made in respect of disputes arising out of the construction of the XRL railway project between Hong Kong and Beijing (seat of arbitration Hong Kong).
- Acting for a large-scale provider of transport services in Hong Kong in a dispute concerning a substantial redevelopment project of land located in Sheung Wan, Hong Kong.
- Acting for a French contractor based in Singapore in relation to a dispute with a cladding sub-contractor arising out of the construction of a sports complex in Singapore (dispute subject to Singapore law).
- Acting for a Hong Kong contractor in a dispute with a developer concerning a proposed industrial development in Quarry Bay, Hong Kong arising out of the contractor’s termination of the contract for non-payment.
- Advising (pro bono) legal representatives acting for participants in a public inquiry into a fire in a residential tower block in London on appropriate expert disciplines, particularly in the field of cladding, to properly represent such participants so far as inter alia the cause of the fire was concerned and how similar disasters should be avoided in future.
- Advising and acting for a joint employer (acting in conjunction with the MTR) against a Korean contractor concerning construction defects in an MTR station in Hong Kong.
- Acting for a Hong Kong plumbing services, air-conditioning and steam plant installation subcontractor against a JV main contractor concerning the construction of a hospital in Hong Kong. The Main Contract adopted the NEC 3 Contract Option A and the Subcontract adopted the Hong Kong Construction Association Domestic Sub-contract form with bespoke amendments.
- Acting for a Joint Venture comprised of internationally known oil and gas companies in relation to a dispute with an Italian construction/engineering contractor arising out of the construction of a 420km LNG pipeline in Queensland, Australia (seat of arbitration Singapore).
- Acting for an Australian company in relation to a dispute with an Australian construction/ engineering contractor arising out of the construction of a gas pipeline in the Northern Territories, Australia (seat of arbitration Singapore).
- Acting as an umpire appointed by the Arbitral Tribunal for the resolution of discrete disputes concerning disclosure of documentation arising out of a dispute concerning an iron ore plant in Western Australia.
- Acting for German sub-contractors in relation to a dispute with a Chinese and Japanese Joint Venture main-contractor arising out of the construction of the XRL railway project between Hong Kong and Beijing (seat of arbitration Hong Kong).
- Acting for a Hong Kong company in relation to a dispute with a casino/hotel operator of a casino/hotel complex in Macau concerning allegedly defective curtain walling, including the Hong Kong company’s liability under a guarantee.
- Acting for a Hong Kong developer in a dispute with a Hong Kong Government organisation concerning the construction of an underpass to an MTR station in Hong Kong.
- Acting for a Hong Kong construction and engineering company in relation to the construction of a substantial sports complex in Hong Kong.
- Acting for 8 Hong Kong construction and engineering companies in a ‘test case’ against a public housing provider in Hong Kong concerning the proper valuation of maintenance/ repair works to public housing tower block.
- Acting for a Hong Kong construction and engineering company in a dispute arising out of the construction of a casino and hotel development in Macau.
- Arbitrations in Hong Kong relating to major housing and mixed hotel/office/housing projects in Kowloon.
- Advising the Taiwan High Speed Rail Corporation in relation to the new ‘bullet train’ railway line between Taipei and Kaohsiung, Taiwan.
- Advising contractors working on the Nino Aquino International Airport in the Philippines.
- Acting for a Hong Kong Government Department in arbitration proceedings relating to a dispute arising out of enabling works for the construction of a well-known and internationally recognised theme and leisure park in Hong Kong.
- Advising and acting for a Singaporean shipbuilding company working out of China in relation to two separate and unrelated sets of arbitration proceedings arising out of the construction of vessels to be used, amongst other things, for the decommissioning of offshore oil and gas structures.
- Advising (under Philippine law) a Macanese company in relation to the suspension of a project in Macau comprising the construction of a casino resort and hotel complex due to financial problems experienced by the USA owners.
- Advising and acting for Irish contractors involved in disputes on contracts with West Indian government departments relating to the construction of roads and associated infrastructure works in the Caribbean.
- Advising and acting for Irish contractors involved in a dispute on a contract relating to the construction of a motorway in Ireland.
- Advising and acting in arbitration proceedings arising out of a dispute between a Hong Kong sub- contractor and an Australian main contractor concerning the construction of an 88km length of highway in the Philippines, with the dispute being subject to Philippine Law (sum in issue US$20M+).
- Advising and acting for a Hong Kong Government Department in relation to a dispute with an international construction company.
- Advising an international contractor specialising in the design and installation of railway signalling works in respect of a dispute with a Japanese corporation arising out of the construction of the CKS International Airport Access MRT System, Taiwan.
- Acting for a Hong Kong construction and engineering company in arbitral proceedings concerning a project for the Peoples’ Liberation Army, Hong Kong.
- Acting for an Australian mining company in relation to a dispute arising in connection with a mining contract for the exploitation of coal at the Khushuut Mine, Mongolia.
- Acting for a South African consultancy company in an arbitration concerning the greenfield development of iron deposits in the Republic of Guinea, Africa, involving the design and construction of mines and mining infrastructure, approximately 655km of railway and port facilities.
- Acting in an arbitration for a Japanese Joint Venture involved in the construction of a Maritime Self Defence Force Base in Djibouti, Africa for the Japanese Defence Force.
- Acting for a hotel management company involved in an arbitration concerning a dispute with a Chinese property development company relating to the construction of a hotel in Beijing, China (PRC law, dispute value approximately US$18m).
- Acting for a Hong Kong based contractor against the Hong Kong Government in arbitration proceedings arising out of the construction of a public recreational park in the New Territories.
- Acting for Australian contractors involved in a dispute over the construction of a cigarette factory in the Philippines.
- Acting for Korean contractors in relation to a large engineering project in Singapore and an International JV involved in a dispute arising out of the construction of a railway in Scandinavia.
- Advising a commercial trading/investment organisation on the issues involved in gas emissions trading under the auspices of the Kyoto Protocol.
Appointment
- Former Chairman, Keating Chambers Pupillage Committee (1997 – 2006)
- Elected Bencher of Gray’s Inn (2006)
- Former member of Gray’s Inn Continuing Education Committee
- Consultant Editor of the Construction Law Reports (2006 to date)
- Contributor to Keating on Construction Contracts (2007 to date)
- Committee Member of Technology and Construction Bar Association (2008 – 2012)
- Course Director HKIAC Adjudicator Training Course (2015)
- Advisor to Alternative Dispute Resolution Panel of the Institute of International Experts Limited (2023)
Selected Cases
- Maeda Corporation and Another v Bauer Hong Kong [2020] HKCA 830
- Sha Tin Central Rail Link Inquiry 2018
- Multiplex Constructions (UK) Ltd Plc v Honeywell Control Systems Ltd BLR 167 TCC
- Maersk Oil UK Ltd (formerly Kerr-McGee (UK) Plc v Dresser-Rand (UK) Ltd EWHC 752 (TCC)
- Safeway Stores v Interserve All ER (D) 07 TCC
- Hong Kong Arbitration Award Con LJ Vol. 21 No.4 321
Professional Qualifications
- TECBAR Accredited Adjudicator (2004 to date)
- Public Access Training (2004 & 2014)
- Appointed Hong Kong International Arbitration Centre Panel of Arbitrators (2012)
- Approved Mediator, Kuala Lumpur Regional Centre for Arbitration (2014)
- Approved Arbitrator, Kuala Lumpur Regional Centre for Arbitration (2014)
- Recommended International Arbitrators of PIAC (2016)
Scholarships and Prizes
- Scholar of Downing College, Cambridge University
- Harris Scholar, Downing College, Cambridge University
- Pilley Scholar, Downing College, Cambridge University
- Rebecca Flowers Squire Scholar, Awarded by the Cambridge University Law Faculty
- Senior Harris Scholar, Downing College, Cambridge University
- Gray’s Inn Holker Entrance Award
- Gray’s Inn Senior Holker Award
Publications
- Construction Adjudication In The Uk 25 Years On – What Do We Know? (February 2023)
- Contributor to Keating on Construction Contracts – 11th edition (and Supplements)
- Contributor, 2nd & 3rd Supplements to Keating on Construction Contracts – 10th edition (2016)
- Academy of Experts, Hong Kong (November 2016) – Where is the Line for Experts and How to Avoid it
- Contributor, Keating on Construction Contracts – 10th edition (2016)
- Contributor, Keating on Construction Contracts – Ninth Edition Editors: The Hon Sir Vivian Ramsey and Stephen Furst QC 29 February 2012 (plus Supplement Summer 2013)
- TECBAR – Jones vs Kaney: The end of expert immunity Philip Boulding QC TECBAR Review – Autumn Issue 2011
- Asian Dispute Review (October 2011) – The Immunity of Expert Witnesses and the Impact of Jones v Kaney
- Consultant Editor and contributor to the Construction Law Reports
- Contributor, Keating on Construction Contracts – Eighth Edition Editors: The Hon Sir Vivian Ramsey & Stephen Furst QC 13 October 2006
Education
- B.A. (Law) (1st Class Honours) Downing College, Cambridge University
- MA, Cambridge University