Biography
John W. Hinchey, Esq. is recognized internationally as a leader in resolving significant commercial disputes as a mediator and arbitrator with the JAMS Global Engineering and Construction Panel. Prior to his retirement from King & Spalding, he led their international commercial contracting and construction disputes practice for 18 years. He is now a full-time arbitrator who is listed on several U.S. and global panels of arbitrators, including the JAMS Engineering, Construction, Energy and International Panels. In addition to the JAMS Panels of Arbitrators, he has served as arbitrator on many AAA/ICDR administered arbitrations; he frequently serves as an ICC and LCIA tribunal member; and he is included on the CPR International Institute’s Distinguished transnational panels of Neutrals, including their ADR, Construction and Cross- Border Panels; the Institute of Energy Law Panel, the LCIA North American Panel and the Chartered Institute of Arbitrators Presidential Panel.
Supplementary Matters
As a practicing lawyer and as a practice group leader and partner with the international law firm of King & Spalding, LLP, he represented a broad spectrum of transnational clients engaged in international commercial contracting and procurement. Clients included service and equipment providers, financiers, bond guarantors, surety companies, insurers, infrastructure owners and developers, engineers, design professionals, general and sub-contractors, vendors and equipment and material suppliers.
Supplementary Matters
As a practicing lawyer and as a practice group leader and partner with the international law firm of King & Spalding, LLP, he represented a broad spectrum of transnational clients engaged in international commercial contracting and procurement. Clients included service and equipment providers, financiers, bond guarantors, surety companies, insurers, infrastructure owners and developers, engineers, design professionals, general and sub-contractors, vendors and equipment and material suppliers.
Representative Matters as an International Arbitrator and Advocate
Mr. Hinchey has served as an advocate, arbitrator, DRB/DAB member, mediator or served as a consultant in a great variety of large international commercial contracting, construction, energy generation and
infrastructure disputes, involving four mega-project nuclear powered energy generation plants, each located in Taiwan, California, Georgia and South Carolina; the design and construction of a paper pulp mill in Uruguay; solar powered energy generation projects in the Caribbean and the U.S.; a transnational oil and gas pipeline operator; a hot briquetted iron manufacturing plant; a greenfield fertilizer manufacturing facility; a chlorine-alkali chemical processing plant; various other chemical processing facilities, including a methane reformer hydrogen chemical processing plant on the Gulf Coast; supercritical steam powered and coal-fired electric power generation plants; wind-powered turbine electric generation facilities; a transcontinental natural gas pipeline and storage facility between Canada and the U.S.; an oil refinery in Northwest 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 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; a silver 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 largest convention and resort in the Bahamas; the construction of a large multi-billion convention center, casino hotel and resort in the Cayman Islands; an offshore water intake pipeline system for a power plant off the Western Coast of Mexico; commercial contracts for the repair, maintenance and replacement of railroad rolling stock; and the design and construction of a fiber-optic transmission system covering the Eastern Seaboard of the United States.
Other disputes as an advocate have included:
- Arbitration of defective work, schedule delay and warranty disputes between a Scandinavian global transportation service company and a U.S.-based transcontinental railroad company
- Litigation, arbitration and mediation of a limitation of liability dispute between U.S. based railway company and an international telecommunications company
- Representation of Home Depot, Inc. in multiple construction projects
- Litigation, arbitration and mediation of U.S. domestic and international disputes on behalf of the Ritz Carlton Management Company and Marriott hotel developers and operators
- Representation of the Coca-Cola Company on a variety of construction projects, including litigation in the London Technology and Construction Court involving claims against a large global engineering company Arbitration involving assertion of and defense of claims against Rolls Royce, Inc. arising out of a waste- to-energy power generation plant
- Arbitration of claims arising out of construction of the Atlanta International Hartsfield-Jackson Airport 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 the Southeastern United States
- Representation of UPS and Turner Broadcasting Company in a variety of construction project disputes Representation of the Georgia Public Service Commission in public utility regulatory matters
- Acting as construction counsel in the negotiation and drafting of contracts and risk analyses on a variety of design build, infrastructure, turnkey, and EPC agreements for such projects as:
- Al Udeid air base fueling facility in Qatar Yale University’s construction program
- Housing for military bases 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)
- 1966 Summer Olympic Games
- 2004 G-8 World Conference
Completed Virtual ADR training conducted by the JAMS Institute, the training arm of JAMS.
- Fellow, International Academy of Construction Lawyers
- Fellow, College of Commercial Arbitrators
- Fellow, American College of Construction Lawyers
- Fellow, Chartered Institute of Arbitrators
- Honorary Fellow, Canadian College of Construction
- Recipient of Cornerstone Award for distinguished service to the construction bar by the American Bar Association, Forum on Construction Law, 2006
- Former President (2008-2009) and Board of Governors, 2006-2008, American College of Construction Lawyers
- Past Chair, American Bar Association, Forum on Construction Law, 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- ADR – Cross-border disputes
- Council of Distinguished Advisors and Guest Lecturer in arbitration subjects to The Straus Institute for Dispute Resolution, Pepperdine University School of Law, 2006-present
- Consistently recognized by Best Lawyers as one of the Best Lawyers in America for Construction matters, arbitration and ADR
- International Who's Who Legal - International Arbitration
- International Who's Who Legal - International Mediation
- Arbitration “Lawyer of the Year", Atlanta, Best Lawyers in America, 2014
- Mediation "Lawyer of the Year," Atlanta, Best Lawyers in America, 2020
- Arbitration “Lawyer of the Year", Washington, D.C., Best Lawyers in America, 2012
- “Top 100” Georgia SuperLawyer by Law & Politics Magazine, 2004-2010
- Chartered Arbitrator, Fellow and Diplomate in International Commercial Arbitration
- Institute for Energy Law Panel of Arbitrators
- Chartered Institute of Arbitrators Approved Faculty
- Chartered Institute of Arbitrators, Presidential Panel of Arbitrators,
- Advisory Board of the Institute for Transnational Arbitration, Houston, TX
- 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
- Cited in Guide to the World’s Leading Experts in Commercial Arbitration, 2008-2010
- Top 10 “Most Highly Regarded Individuals-Global,” International Who’s Who of Construction Lawyers, 2007-2010
- Recognized by Legal 500 United States as “thorough, competent and good at communicating issues,” 2010
- Georgia Trend’s “Legal Elite,” 2010
- Albert Nelson Marquis Lifetime Achievement Award (2018) by Marquis Who’s Who
- Guest Lecturer, Georgia State University, Global Partners MBA Program, 2008-2010
- Admitted to practice: 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
- Co-author, International Construction Arbitration Handbook, a two-author treatise published by Thomson Reuters, now in its 2019 edition, having been originally published in 2008
- Co-author, “What We Can Learn From International Arbitration to Improve U.S. Domestic Construction Arbitration,” lead article, Journal of the American College of Construction Lawyers, Vol. 18, No. 1, pp. 1-87 (Summer, 2019)
- Contributing Author, The Use of Forensic Experts in Construction Litigation, a booklet published by the ABA Forum on Construction Law, 2019
- Panel Moderator, “Selected Issues of Energy and Construction Dispute Resolution in the Peoples Republic of China,” 2019 Summit Conference, Beijing Arbitration Commission/Beijing International Arbitration Center (July 28, 2019)
- Panel Moderator for plenary session, Annual Meeting of the American College of Construction Lawyers, “How US Domestic Arbitration Can Benefit from International Arbitration Procedures,” (February, 2019)
- Tutor and Lecturer, Chartered Institute of Arbitrators Accelerated Route to Fellowship qualification course, Miami, April 27-29, 2019
- Luncheon speaker at the 2018 Fall Meeting of the ABA Forum on Construction Law on “Important Differences Between U.S. Domestic Arbitration and International Arbitration” (Montreal, October 4, 2018)
- Organizer and Moderator of a panel presentation on “Causes and Cures of Mega-project Failures”, to the 8th Conference of the Society of Construction Law, in Chicago (September 27, 2018)
- Speaker and panelist at the joint ICDR/AAA/ICC/ICSID 34th Annual Joint Conference on International Arbitration in New York City, December 1, 2017
- Moderator of a group discussion on Selection of Arbitrators in International Arbitration at the 6th Annual Meeting of the Atlanta International Arbitration Society (ATLAS) on October 13, 2017.
- Visiting lecturer on International Commercial Arbitration subjects, Pepperdine Law School, Straus Institute of Dispute Resolution (2009 - 2017)
- Co-author, College of Commercial Arbitrators (CCA), Guide to Best Practices in Commercial Arbitration, (4th edition, 2017)
- Speaker, “Dispute Resolution and Payment Issues”, ABA Forum on Construction Law, Regional Program, Atlanta, Georgia (November 4, 2016)
- Panelist, “Rules Convergence and ‘Flattening’ Among Leading Arbitral Institutions; Does the Choice of Seat Still Matter?”, 5th Annual Conference of the Atlanta International Arbitration Society, Atlanta, Georgia (October 10, 2016)
- Speaker, “Collaborative Dispute Resolution,” ABA Forum on Construction Law, Fall Meeting, Chicago, Illinois (October 6, 2016)
- Speaker, “Current Developments in Arbitration”, Arbitration Institute, Georgia Bar Association (August 5, 2016)
- Panelist, “Are Dispute Resolution Boards and Arbitration Redundant?”, Annual Meeting, American College of Construction Lawyers, Laguna Beach, California (February 19, 2016)
- Panelist, “Lessons for Effective Advocacy and Management of Proceedings in International Arbitration,” Atlanta Bar Association, Atlanta, Georgia (February 12, 2016)
- Paper and panel presentation on “Demystifying International Arbitration”, American Bar Association, Forum on Construction Law, October 8-9, 2015, Austin, TX
- Speaker and Panelist, “Management of Time and Cost in International Arbitration”, Chartered Institute of Arbitrators, Centenary Conference, Keble College, Oxford University (13 September 2015)
- Panelist, “Distinctions Between Arbitration Practices of US and UK Lawyers”, ABA Meeting, London, 800th Anniversary of the signing of Magna Carta (June 15, 2015)
- Speaker and panelist, joint program of the College of Commercial Arbitrators and the American Arbitration Association, Atlanta (May 27, 2015)
- Panelist, Annual Meeting of the American College of Construction Lawyers, Miami (February, 20, 2015)
- Chapter author, “International Arbitration”, published in Construction ADR, by the American Bar Association Forum on Construction Law (2014)
- Panelist, Atlanta Arbitration Society (ATLAS) Conference on Africa-related Subjects, “Developments and Trends in Resolving Infrastructure Disputes” (November 4, 2014)
- Faculty Member, American Bar Association, Section of Dispute Resolution Arbitration Institute, Washington, DC (June 6-7, 2014)
- Speaker and panelist, “What In-house and Litigation Counsel Say about Arbitration of Big Cases – The Neutrals Respond”, Superconference, San Francisco (December 13, 2013)
- Speaker, 2d Annual Construction Law Conference on “Effective Advocacy in Mediation and Arbitration”; Atlanta, Georgia; March 1, 2013
- Speaker and Panelist, JAMS/Atlanta Bar Association Seminar on Current Developments in International Arbitration; Atlanta, Georgia; February 26, 2013
- Chapter author, “Fast-track International Construction Arbitration”, published in Contemporary Issues in International Arbitration and Mediation – The Fordham Papers (2012) (Nijoff, 2013)
- Panelist, American College of Construction Lawyers Annual Meeting, Scottsdale, “Developing a Practice in Arbitration and Mediation” (February 2013)
- Chapter author,“Dispute Resolution”, Chapter 12, Managing Gigaprojects – Advice From Those Who’ve Been There, Done That, a recent publication of the American Society of Civil Engineers, 2012
- Speaker and panelist; ABA Forum on Construction Law, 2012 Fall Program, Boston, Massachusetts, on the topic: “Cross-Border Dispute Resolution”
- 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)
- Author, “Rethinking Conflict in Construction Project Delivery and Dispute Resolution,” Vol. 29, Part 1, International Construction Law Review, January, 2012
- Speaker and Panelist at the Chartered Institute of Arbitrators Conference on Costs of International Arbitration, London (September, 2011)
- Panelist, 5th Annual Arbitration Institute, Atlanta, August 19, 2011, on “Advanced Arbitration Case Management”
- Keynote Speaker and Panelist, Society of Construction Law of Australia, Annual Conference, Sydney, August 5-7, 2011, on “Rethinking Adversarialism”
- 8th International Litigation and Arbitration Conference, Florida Bar Association (February 12, 2011), Miami, Florida. Topic: “Regional Developments in the United States”
- Contributing author, JAMS Global Engineering and Construction Newsletter (2009-2011)
- 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, 2015)
- Co-author, Construction Law Glossary, publication by the American Bar Association, Forum on Construction Law (2010)
- Speaker, Arbitration Conference, Society of Indian Law Firms, New Delhi, November 27, 2010
- Speaker on international commercial arbitration subjects, Indian Branch of the Chartered Institute of Arbitrators, Mumbai, India, December 2, 2010
- Guest 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
- 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)
- Chapter author, “Construction Dispute Resolution”, published in International Construction Law: A Guide for Cross-Border Transactions, Chapter 10, by the American Bar Association (2009)
- Co-author, Chapter 5 Preface, Justin Sweet Anthology, published by the American Bar Association, Forum on Construction Law (2009)
- Author, “Taming Construction Disputes Through ‘Rapid Resolution’”, Editorial, Engineering News-Record (ENR) (July 8, 2009)
- Speaker and Panelist, The 3-D’s of International Business Transactions, a conference 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”
- Panelist, Construction SuperConference--2008, San Francisco, California (December, 10-12, 2008); Topic: “From the Other Side of the Bench: Views of Cross-Border Construction Mediators and Arbitrators About Dos and Don’ts of Case Presentation and Cost Control”
- Co-instructor, JAMS Institute, Arbitration Training Workshop, New York (October 25, 2008)
- Chair, International Construction Law Conference, Sponsored by the American College of Construction Lawyers and the Society of Construction Law, London (October 5, 2008)
- Panelist, American Bar Association, Section of Dispute Resolution Annual Meeting, New York (August 9, 2008): Topic: “The Emerging Global Order in International Construction ‘Disputology’; The Top 10 Cutting-edge ADR Processes Employed in Construction
World-wide ” - Co-author, “A Perspective From the United States: Tensions Between ‘Getting it Right’ and ‘Getting it Done’”, American Society of Civil Engineers (ASCE) Journal (April, 2008)
- Co-author, “Methods for Discovery in Arbitration,” Georgia Bar Journal, Vol. 13, No. 6 (April, 2008)
- Speaker: “Construction Defect Litigation”, Condominiums: Opportunities & Pitfalls in Today’s Environment. The Seminar Group, Atlanta, Georgia (March, 2007)
- Keynote Speaker and Panelist for the Annual Meeting of the Canadian College of Construction Lawyers. (June 2007) Vernon, British Columbia
- Speaker and Panelist. “Achieving Efficiency With Fairness”, ADR Institute, ABA Section of Dispute Resolution (April 2007) Washington, D.C.
- 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)
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