Thought Leaders

Mauro Rubino-Sammartano is a partner in the construction group at LawFed BRSA, which acts for construction companies, public companies, foreign states and developers. As well as advising and assisting them in their negotiations and problems, he has – for some decades – been active in large international arbitrations concerning construction. He has taught arbitration at university level; authored books on arbitration and construction law; and writes and lectures regularly in both fields. He frequently sits as arbitrator.

What attracted you to a career in construction law?

I was involved with a major contractor in legal issues related to dams in Africa and the Middle East. I liked helping to solve legal problems in such huge international projects.

What motivated you to specialise in arbitration?

As is well known, international construction disputes end up in arbitration. I liked it very much because arbitration allows parties to choose the procedural rules and arbitrators.

How does your experience as an academic and author enhance your practice?

My research and teaching has forced me to clarify problems for myself. This was definitely helpful in preparing for negotiations when acting as counsel/sitting as an arbitrator.

What is your personal philosophy with regards the role of the arbitrator in construction matters?

To me, the arbitrator must ensure that the parties and experts clarify to the arbitrator all the problems related to the dispute, its critical path, the ripple effects and so on. The arbitrator must act with humility and humanity.

How has the growth in alternative dispute resolution impacted the jurisprudence of construction law?

Alternative dispute resolution has enabled a more common approach to various legal problems in construction disputes. As a result, counsel dealing with international construction disputes frequently understand each other much better.

What challenges does Brexit pose for the construction sphere?

The severance of the UK from the EU will not encourage the establishment of common ground. Nevertheless, the English approach to construction disputes by counsel and quantity surveyors remains an important asset, and this goes for the other European states.

What advice would you give to younger arbitrators hoping to one day be in your position?

I would advise younger arbitrators to study construction law; to work closely with arbitrators who have more experience; to publish comments and articles (and express their views on related issues); and to act in the spirit of service, without giving priority to financial or other success.

You have enjoyed a very distinguished career. What would you like to achieve that you have not yet accomplished?

I have enjoyed serving as chair of various associations and committees, including my currently role as chair of the European Court of Arbitration (which has its headquarters in Strasbourg), and co-founding the European Society of Construction Law.

I have always focused on serving these bodies, and on understanding, analysing and proposing new ideas.

I feel committed to continue my search for new horizons in construction and arbitration, and particularly arbitration of construction disputes.

Mauro Rubino-Sammartano is a construction lawyer. He graduated at 21, and was admitted to the Courts of Appeals in Italy in 1961, to the Supreme Court in 1975 and to the Paris Bar in 1985. He is an associate tenant as an international arbitrator of Littleton Chambers.

He is a chartered arbitrator and presides the European Court of Arbitration and the International School of Arbitration and Mediation of the Mediterranean and the Middle East.

He is president emeritus of the Italian Society of Construction Law (which he formed); he has conceived and co-funded the European Society of Construction Law.

He has chaired the IBA construction committee T, of which he is chairman emeritus, and has launched many publications.

He is the author of textbooks such as Appalti d’Opere e Contratti di Servizi (Construction Contracts and Contracts for Services, second edition, CEDAM 2010, Padua), Il Diritto dell’Arbitrato (Arbitration Law, sixth edition, 2010) and International Arbitration Law and Practice (third edition, Juris 2014). He has also written various articles including “The Role of the Engineer: Myth and Reality” (International Business Law, 1986), “The Crook, the Saint and the Swiss Watch” (Construction Law International, 2006), “Disruption” (2017), “Concurrent Delays” (Rivista trimestrale degli appalti, 2017), “Nature and Articulated Effects of the Decisions of Dispute Adjudication Boards” (Construction Law International, 2019) and “Nationality v Internationality of Arbitral Proceedings” (Austrian Yearbook on International Arbitration, 2019).

He has frequently acted as to very large international construction projects, such as dams in Turkey, Africa and Asia, as well as highways, skyscrapers and very large residential projects.

He acts as arbitrator in construction disputes and in investment arbitrations; he also regularly advises and acts as counsel in such areas.

He lectures on construction, international construction, joint ventures and performance bonds on demand.

Mauro Rubino-Sammartano is a chartered arbitrator. He has been admitted to the Paris Bar and is an associate member, as an arbitrator, of a set of barristers chambers in London, Littleton Chambers. He chairs the European Court of Arbitration, the International School of Arbitration and Mediation for the Mediterranean and the Middle East and the arbitration group of LawFed BRSA. He has launched the European Court of Arbitration Main Points, which characterise its approach to arbitration.

He sits as an arbitrator, appears as counsel in arbitral proceedings and in courts for challenges against awards. He is a paladin of the full right of a party to call evidence and to examine witnesses without undue interference.

He has been a visiting professor at the Milan and Padua Universities and has chaired the International Association of Lawyers (UIA), the IBA’s international construction committee, the IBA international sales committee and the IBA mediation committee.

His main textbooks are International Arbitration: Law and Practice (third edition, Juris 2014), Il Diritto dell’Arbitrato (Arbitration Law, sixth edition, Cedam, 2010), and Appalti di Opere e Contratti di Servizi (Construction Law and Contracts for Services, Cedam 2006).

His articles include “A Continuous Search for New Horizons” (ARIA 2012, Vol. 23, No 2), “The Arbitrator's Pledge Launched by the European Court of Arbitration” (ARIA 2015, Vol. 26, No 4) and “A Second (Quasi-Perfect) Storm Also in Arbitration” (JOIA, Vol 34, 6, 2017).

He has written and is writing extensively on arbitration, mediation and construction in English, French and Italian.

Mauro Rubino-Sammartano is a construction lawyer. He graduated at 21, and was admitted to the Courts of Appeals in Italy in 1961, to the Supreme Court in 1975 and to the Paris Bar in 1985. He is an associate tenant as an international arbitrator of Littleton Chambers.

He is president emeritus of the Italian Society of Construction Law (which he formed); he has conceived and co-funded the European Society of Construction Law.

He has chaired the IBA construction committee T, of which he is chairman emeritus, and has launched many publications.

He is the author of textbooks such as Appalti d’Opere e Contratti di Servizi (Construction Contracts and Contracts for Services, second edition, CEDAM 2010, Padua), Il Diritto dell’Arbitrato (Arbitration Law, sixth edition, 2010) and International Arbitration Law and Practice (third edition, Juris 2014). He has also written various articles including “The Role of the Engineer: Myth and Reality” (International Business Law, 1986), “The Crook, the Saint and the Swiss Watch” (Construction Law International, 2006), “Disruption” (2017) and “Concurrent Delays” (Rivista trimestrale degli appalti, 2017).

He has frequently acted as to very large international construction projects, such as dams in Turkey, Africa and Asia, as well as highways, skyscrapers and very large residential projects.

He acts as arbitrator in construction disputes and in investment arbitrations; he also regularly advises and acts as counsel in such areas.

He lectures on construction, international construction, joint ventures and performance bonds on demand.