Peter Fauerholdt Thommesen advises public and private sector clients and technical consultants on all aspects of construction including infrastructure and public procurement. He assists in drafting and negotiating contracts and in designing and handling tenders for public works and other public contracts.
Dispute resolution (arbitration, litigation and mediation) is a particular area of expertise for Peter. He handles not only construction and infrastructure disputes and professional negligence disputes within technical consultancy, but also commercial, contractual and public law disputes. He is the co-author (with Jakob Juul) of the book Danish Arbitration ("Voldgiftsret") and a certified arbitrator and mediator. In 2013, he sat as a Temporary Judge at the High Court of Eastern Denmark. Since 2017, he has been member of the ICC Commission on Arbitration and ADR.
Peter also advises on real estate transactions and projects, including public-private urban development projects and other PPPs. He has extensive general commercial, contracts and corporate law experience.
He speaks the Scandinavian languages, English and French.
Peter has recently advised clients on matters such as:
- Drafting and tendering of contracts for the lightrail project in Odense (Odense Letbane) and the Greater Copenhagen Area (Ring 3), covering civil works, transportation systems, rolling stock and maintenance and operation
- Drafting and tendering of contracts for infrastructure works in connection with the Copenhagen Metro
- Drafting and tendering of contracts for urban development PPP projects as well as establishing public-private urban development companies (NærHeden, Høje Taastrup C, etc.)
- Tender of insurance services relating to infrastructure projects
- Tender of it development contract
- Ongoing legal assistance to technical consultants (architects and engineers) and contractors on building and construction projects
He has also been involved in litigation and arbitration concerning:
- Delay and additional claims of contractors in connection with the Copenhagen Metro project
- Delay and disruption related to projects within the district heating sector
- All-risks insurance cover for construction defects in newly constructed commercial buildings and other insurance claims disputes
- Product liability in the building and construction industry
- Fees and liability of technical consultants in relation to large public construction projects such as mega-hospital projects
- Professional negligence of technical consultants, attorneys and company directors
As arbitrator Peter Fauerholdt Thommesen has been appointed in 20+ ad hoc and institutional arbitrations regarding shareholder disputes, partnership disputes, M&A, real estate and insurance disputes as well as contractual disputes in a number of areas such as building and construction, IT and energy. He has experience both as chairman, co-arbitrator, sole arbitrator, interim arbitration and as arbitrator in expedited arbitration procedures.
WHAT OTHERS SAY
Peter Fauerholdt Thommesen is one of the recommended profiles in Chambers Europe within the category Real Estate: Construction and in the guide for 2021 it is stated: "Peter Fauerholdt Thommesen acts on construction disputes, large infrastructure and commercial development projects and contract negotiations. Sources highlight that "he has the ability to quickly understand the client's needs and act accordingly," adding: "He listens to the strategies indicated by the client and he contributes with very good evaluations regarding the risks involved.""
Furthermore, Peter is selected a ‘Leading Individual’ within Real Estate and Construction by Legal 500 2020 where he is also recommended in the categories Dispute Resolution and EU and Competition.
He has also been selected as a ‘Future Leader’ in arbitration in Who’s Who Legal: Arbitration 2018, 2019 and 2020.
EDUCATION AND CAREER
Certified mediator, The Association of Danish Law Firms, 2020
Partner, VILTOFT, 2014-
Temporary Judge, the High Court of Eastern Denmark, 2013
Certified arbitrator, the Association of Danish Law Firms, 2013
Admitted to the High Court, 2012
Attorney, VILTOFT, 2010-2013
Foreign intern, Essex Court Chambers (Toby Landau QC), London, 2008
Stagiaire, ICC International Court of Arbitration, Paris, 2008
LL.M., University of Cambridge, England, 2008
Admitted to the Danish Bar, 2007
Assistant attorney and attorney, Bruun & Hjejle, 2004-2010
Master of Laws (LL.M.), University of Copenhagen, 2004
Studies at New York University School of Law, USA, 2002
External lecturer in International Commercial Law (private international law and commercial arbitration), Copenhagen Business School, 2012-2017
External lecturer at the University of Copenhagen in European & International Commercial Law (2008-2013) and in the Willem C Vis International Commercial Arbitration Moot Competition (2010-2012), 2008-2013
Tutor in the Law of Obligations at the University of Copenhagen, 2004-2007
Peter also regularly teaches courses in commercial arbitration, construction, procurement and contracts for private course providers.
Co-author (with Michael Gjedde-Nielsen et al.) of ABR 18: General Conditions for Consulting Services, Karnov Group, 1st edition, 2021
Co-author (with Jakob Juul) of Danish Arbitration ("Voldgiftsret"), Karnov Group, 3rd edition 2017.
Co-author (with Michael Gjedde-Nielsen) of article about construction arbitration in Denmark, Tidsskrift for Bolig- og Byggeret (T:BB) 2016, p. 883.
In addition, he is author of articles on various topics in the field of commercial arbitration (Advokaten 2011, No 10, p. 20) and corporate law (Justitia 2005, No 2; with Simon Krogh).
Member, ICC Commission on Arbitration and ADR (since 2017)
Board member and co-founder of Young Arbitrators Copenhagen (YAC) ((2013-2020, chairman 2017-2019).
Member of the working group of the Danish Institute of Arbitration concerning dispute boards in construction and other long-running contracts (2013).
Member of the working group of the Association of Danish Law Firms about forms of remuneration (2013-2014).
Volunteer advisor, Copenhagen Legal Aid (2002-2012).
Member of the Danish Society for Construction and Consulting Law, the Danish Association for Procurement Law, the Danish Arbitration Association, Young Arbitrators Stockholm (SCC) and the Young International Arbitration Group (LCIA).