Timothy  Baker

Timothy Baker

Director

Timothy Baker is a Director in our Dispute Resolution practice and in the International Arbitration sector. He has experience in construction, infrastructure, energy disputes, commercial litigation and alternative dispute resolution (mediation/arbitration), insurance, insolvency proceedings (including business rescue) and Africa/English law disputes.

t +27 (0)21 481 6308 f +27 (0)21 481 9552

Timothy articled and practiced as an Associate/Senior Associate in the litigation department at Mallinicks Inc (now Webber Wentzel) between 2001-2006.

He subsequently moved to the UK, where he qualified as a solicitor of England & Wales. He worked for the Association of Chartered Certified Accountants (ACCA) as a senior member of the insolvency team investigating misconduct by insolvency practitioners. He subsequently took up a position in a regional solicitor firm, conducting a commercial litigation practice. During this time, he gained experience in the English courts and alternative dispute resolution (in particular mediation) between 2006-2010.

Timothy returned to South Africa and joined Deneys Reitz Inc (now Norton Rose Fulbright South Africa Inc) as a Senior Associate in 2011. He was appointed as a Director in 2012 and built a practice specialising in construction/infrastructure/energy  disputes and high-end, complex, contractual and commercial disputes (2011-2017).

Timothy has experience in disputes and enforcement of claims in African jurisdictions, in particular where the contracts in question are subject to English law. He is also experienced in all aspects of insolvency, in particular liquidations and business rescues. He also handles insurance claims, with a focus on subrogated claims/third party recoveries.

Timothy has experience negotiating and advising on various forms of construction contracts, including NEC, GCC, JBCC and FIDIC-based EPC and O&M contracts, in particular in relation to infrastructure/energy projects.

Timothy joined Cliffe Dekker Hofmeyr as a Director in 2017.

 

 

  • Advising and representing in multiple disputes relating to two solar photovoltaic projects in South Africa, including: shareholder disputes and claims; resisting claim under Parent Company Guarantee; settlement of a claim under a counter indemnity; settling claim by sub-contractor for payment under a guarantee; advising on project and finance documents and ancillary contracts; cross-border advice.
  • Representing a leading international independent solar energy provider in a dispute with the main Contractor in relation to two solar photovoltaic projects in South Africa. Matter involved: urgent High Court applications relating to on-demand guarantees and irrevocable standby letters of credit (LC’s); attachment of LC monies in Japan; successful representation in an arbitration relating to termination (and termination notices) under the EPC (FIDIC) contracts, “recovery plans”, delay and cross-default provisions between the two projects; claims against the Contractor's parent company in Germany (under Parent Company Guarantee); cross-border insolvency advice.
  • Advising an Oil Major in South Africa in regard to the Regulatory Accounting System (RAS) pricing for petroleum and representing in contractual disputes with franchisees.
  • Representing a listed infrastructure company in a dispute relating to development rights under a lease agreement (energy generating facility inclusive of wind energy, solar energy, hydro-electrical energy or biomass energy facilities), objections and related Environmental Impact Assessment (EIA).
  • Acting for a global logistics and international transport company in a claim against a company in business rescue relating to a project in Togo. Matter involved setting aside the business rescue plan and removal of the business recue practitioner, and advising on various contingencies.
  • Acting for a major bank in recovery proceedings pursuant to a Collateral Management Finance Agreement and a Collateral Finance Agreement relating to goods in Liberia. Insurance and cross-border considerations. Agreements governed by English law.
  • Representing a marine and offshore engineering company in a dispute relating to acid tanks at the Tsumeb plant in Namibia.
  • Advising companies in Botswana regarding Share Sale and Purchase Agreements governed by English law.
  • Acting for an Australian mining and oil & gas company in a contractual dispute relating to the Tormin mineral sands project on the West coast of South Africa – referral to oral evidence and complex contractual interpretation issues.
  • Acting for a major investment bank in recovery and business rescue proceedings. Complex contractual/recovery issues involving fraud, threatened court proceedings by creditors and the overseas holding company being under administration. Matter settled and recovery made.
  • Settled dispute for an international consultancy JV in a matter against the Government of Lesotho in relation to the USA Millennium Project.
  • Acting for Khazakstani company in contractual dispute relating to shareholder rights, mining rights and operation in Kenya.
  • Representing Insurer in subrogated third party recovery claim following fire event at the Mitchells Plain hospital.
  • Representing a French sponsor/developer of two 75MW solar PV projects in the South African renewable energy procurement programme - negotiation and conclusion of EPC and O&M detailed heads of terms.
  • Advising a renewable energy project developer on compliance with the provisions of the RFP, bid development and the conclusion of EPC and O&M detailed heads of terms for two 75MW solar PV projects; subsequent advice on EPC/O&M/operational issues/disputes.
  • Legal 500 EMEA 2018 recommended Timothy in construction.

Education

  • LLB, University of Cape Town
  • Year of admission as an attorney: 2003
  • Year of enrolment as a solicitor of England & Wales: 2008

Memberships

  • Society of Construction Law for Africa
  • Solicitors Regulation Authority