Stephen Burke

Stephen is very diligent and gets up to speed quickly. He is very direct and gives feedback incredibly well. - Chambers 2025

Partner, Construction and Engineering
Middle East

EXPERTISE

Stephen specialises in high-value and complex disputes in the construction sector. He advises and represents contractors, subcontractors, developers, design and engineering professionals and litigation funders in disputes and on dispute avoidance.

Stephen has substantial regional experience, having been based full-time in the Middle East since 2012. He also has a broader international practice, and has acted as counsel or arbitrator in cases seated in numerous jurisdictions and under all major institutional and ad hoc rules (including DIAC, ICC, ADCCAC, ICSID, DIFC-LCIA, LCIA, HKIAC, SCC, SIAC and UNCITRAL). In addition to his arbitration practice, Stephen represents clients in court proceedings, including proceedings before the courts of the Dubai International Financial Centre and the Abu Dhabi Global Market. He also acts in mediations, expert determinations, negotiated settlements and other forms of alternative dispute resolution.

Stephen appears regularly as an advocate, usually as lead or "first chair" in cases that are high-value, technically complex and/or that involve large volumes of evidence. He is used to appearing against senior advocates and barristers, including Queen's Counsel and Senior Counsel.

Stephen writes and speaks regularly on matters relating to construction and arbitration. He is a member of the editorial board of the International Arbitration Law Review and sits on the University of Birmingham (Dubai Campus) Law Advisory Board.

Experience

Advised and represented a subcontractor in an ICC arbitration (Mumbai) on claims relating to the onshore fabrication and offshore installation of an offshore process platform, involving additional costs and delays resulting from late revisions to AFC drawings, and following a hearing at which Stephen appeared as advocate, received an award entirely in our client’s favour together with a substantial award of costs and interest.
Advised and represented Samsung Engineering in an ICSID arbitration (Washington) regarding claims arising from the construction of a large oil-fired power plant, brought under a bilateral investment treaty against a Middle-Eastern state, with Stephen appearing as lead advocate at the merits hearing held virtually in September 2020.
Advised an EPC contractor in DIFC-LCIA arbitration (DIFC) proceedings against its consortium partner arising out of the design and construction of a major infrastructure project in Saudi Arabia, with Stephen due to appear as lead advocate at the upcoming merits hearing.
Advised an IOC in two ICC arbitrations (London) arising out of the construction of a production and drilling platform and a separate moored floating platform, involving significant defects claims and claims for costs resulting from delay to completion.
Advised and represented a UAE government entity in an ad-hoc arbitration (Dubai) in a dispute with a main contractor regarding the construction of a process plant in the UAE, concerning claims for acceleration, disruption, and disputed variations, and following a three-week hearing at which Stephen appeared as lead advocate, the vast majority of the claims against our client were rejected, with a substantial costs award issued in our client's favour.
Advised and represented a Dubai government-related entity in an ICC arbitration (Dubai) over the construction of a "supertall" mixed-use tower in Dubai, and following two merits hearings at which Stephen appeared as lead advocate, our client received an award dismissing virtually all of the claims against it and upholding over 90% of our client’s counterclaims, together with a substantial award of costs.
Advised and represented a contractor in a DIAC arbitration (Dubai) in a dispute with an employer regarding the termination of a contract for construction of a mixed-use development in Dubai, and following a merits hearing at which Stephen appeared as lead counsel, our client received an award in our client's favour on all claims, together with an award of all our client's costs.
Advised and acted for a Middle-Eastern refinery owner in an ICC arbitration (London) in an EPC dispute with a main contractor, with the proceedings ultimately settled on terms favourable to our client.
Advised and appeared as advocate in the DIFC Courts (DIFC) in a successful application for immediate judgment on claims relating to a construction project in Kuwait.
Advised and represented a global engineering firm in the Qatar Courts and in mediation in a multi-party mediation of claims relating to the design and construction of a highway in Qatar.
Advised and represented an international school in an HKIAC arbitration (Hong Kong) regarding a dispute over the proposed purchase of a plot of land in Cambodia, with our client defeating all claims brought against it, prevailing on its counterclaim, and being awarded a significant sum in respect of its costs.
Advised and represented a global power equipment manufacturer in an SCC arbitration (Stockholm) in claims against a Chinese licensee for breaches of a technology licence agreement.
Advised and represented a Russian individual in LCIA arbitrations (London) in linked proceedings arising out of the sale and purchase of a telecommunications retail conglomerate, with the claims settled on terms favourable to our client following a two-day mediation in London.
Advised and represented an Indian mine owner in a SIAC arbitration (Singapore) in claims against an Australian counterparty under a contract for the supply of coal.
Advised and acted for the U.S. subsidiary of a global energy company in a UNCITRAL arbitration (Houston) regarding claims brought against it by an Italian joint venture partner in connection with an on-shore block in Italy, resulting in an award entirely in our client's favour.
Advised and acted as advocate for a UK charity in High Court proceedings (London) against a former trustee who had misappropriated sums whilst the charity’s treasurer, obtaining a worldwide freezing injunction against the former trustee’s bank accounts and recovering the stolen funds in full.

Representative examples of Stephen's experience as arbitrator include:

Advised as Presiding Arbitrator (on the nomination of the party-appointed arbitrators) in consolidated DIFC-LCIA arbitration proceedings regarding the construction of three residential housing complexes in Dubai.
Advised as sole arbitrator appointed by the ICC in ICC arbitration (ADGM) proceedings arising out of a contract for the fit-out of office facilities in Abu Dhabi.
Advised as party-nominated arbitrator in DIAC arbitration (Dubai) proceedings relating to the construction and fit-out of three hotels in Dubai.
Advised as party-nominated arbitrator in ICC arbitration (Dubai) proceedings between a main contractor and an employer in respect of the construction of a mixed-use (commercial and residential) facility in Dubai.
Advised as party-nominated arbitrator in DIAC arbitration (Dubai) proceedings regarding the construction of a residential housing complex in Dubai.
Advised as party-nominated arbitrator in UNCITRAL arbitration (Abu Dhabi) proceedings arising out of a contract for the supply of engineering services for a construction project in Abu Dhabi.
Advised as party-nominated arbitrator in DIAC arbitration (Dubai) to determine claims brought by a purchaser against a developer in connection with the sale of a high-value private residence in Dubai.
Advised as sole arbitrator appointed by DIAC in DIAC arbitration (Dubai) proceedings arising out of a contract for the supply of security and facilities management services to a residential apartment complex in Dubai.
Advised as sole arbitrator appointed by DIAC in DIAC arbitration (Dubai) to determine claims arising out of a contract for the supply of materials for a construction project in Dubai.

Publications

Society of Construction Law
Society of Construction Law Gulf
Solicitors' Association of Higher Rights Advocates
Panel of Arbitrators, Emirates Maritime Arbitration Centre

Recognitions

Global Guide 2025 - Band 2
Chambers Global (UAE), Construction: Dispute Resolution - a recommended lawyer in the 2014, 2015, 2016, 2017, 2018, 2019 and 2020 editions
Chambers Global (UAE), Dispute Resolution - a recommended lawyer in the 2018, 2019 and 2020 editions
Legal 500 EMEA Construction (2017, 2018, 2019 and 2020) - a “Next Generation Lawyer”
Legal 500 EMEA Dispute Resolution (2017, 2018 and 2019) - a "Next Generation Lawyer"
Who's Who Legal (Construction) - a "Future Leader" in the 2019 and 2020 editions
Ranked as a 'Rising Star' by Expert Guides 2015, 2016, 2017, 2018 and 2019
Client Choice Awards (Lexology) 2020 – Arbitration and ADR (UAE)
Solicitor of the Senior Courts of England and Wales (2006)
Solicitor-Advocate (All Courts), England and Wales (2008)
Registered Legal Consultant, Dubai (2012)
Full rights of advocacy (Part II), Courts of the Dubai International Financial Centre (2012)

Testimonials

Legal 500 EMEA (2017, 2018 and 2019): Rated as a “Next Generation Lawyer” in dispute resolution and in construction.

Chambers Global (2020) – Construction: Dispute Resolution: "Stephen Burke is a regular advocate in arbitrations and DIFC court litigation, representing contractors and engineering firms in significant disputes. As well as this, he leverages his deep regional experience to advise on cross-border cases. Interviewees comment that 'he's a very good lawyer and very, very smart,' with fellow practitioners observing that 'he does a lot of his own advocacy' and is very skilled in this regard."

Chambers Global (2020): Dispute Resolution: "Stephen Burke is widely noted for his skills as an advocate, and receives particular praise for his handling of construction cases. He is active across both arbitration and litigation, and has a wider commercial practice covering contentious joint venture agreements and shareholder disputes. Interviewees regard him as 'a serious player' in the dispute resolution field."

Chambers Global (2019) – Construction: Dispute Resolution: “Commentators highlight Stephen Burke as an ‘outstanding advocate’ and a ‘very talented lawyer.’ He is active on a range of high-profile construction disputes and has extensive experience in representing clients in arbitration proceedings under a variety of institutional rules.”

Chambers Global (2019) – Dispute Resolution: “Widely commended for his construction disputes practice, Stephen Burke is complimented by clients for his ‘very good advocacy skills.’ His wider practice includes transactional and corporate disputes.”

Chambers Global (2018) Construction - Dispute Resolution: “Regarding Stephen Burke, commentators say: ‘He's brilliant - a very good lawyer.’ He is active on a range of high-profile construction disputes and has extensive experience in representing clients before the DIFC courts.”

Chambers Global (2017) Construction - Dispute Resolution: “Stephen Burke is described by clients as a ‘star’ and ‘one of those rare lawyers who can be an advocate and a solicitor.’ He lends his expertise to mainly contentious construction mandates as well as arbitration matters in the DIFC courts.”

Chambers Global (2016) Construction - Dispute Resolution: “'Stephen Burke thinks strategically and is a good advocate.' He focuses on the contentious side of construction and has experience advising on construction arbitration and proceedings in the DIFC courts."

Chambers Global (2015) Construction - Dispute Resolution: “'Very talented' senior associate Stephen Burke consistently impresses clients with the high level of service he provides. He focuses on arbitration in the construction sector.”

Chambers Global (2014) Construction - Dispute Resolution: “Stephen Burke draws rave reviews from clients, who say: ‘His pleading and cross-examinations were excellent, easy and logical, with good follow-through to the point. He understands construction issues, and picks things up very quickly'‘”

Client Choice Awards (Lexology) 2020 – Arbitration and ADR (UAE).

Ranked as a 'Rising Star' by Expert Guides 2015, 2016, 2017, 2018 and 2019.

Education

Christ's College Cambridge (2006)
Nottingham Law School (2003)
Christ's College Cambridge (2002)

Memberships

Society of Construction Law
Society of Construction Law Gulf
Solicitors' Association of Higher Rights Advocates
Panel of Arbitrators, Emirates Maritime Arbitration Centre

Admissions

Solicitor of the Senior Courts of England and Wales (2006)
Solicitor-Advocate (All Courts), England and Wales (2008)
Registered Legal Consultant, Dubai (2012)
Full rights of advocacy (Part II), Courts of the Dubai International Financial Centre (2012)