Mr Sam Moss

Sam Moss

Lawyer biography

New York, 2009
Canadian, Swiss, British
English , French , German
International Commercial Arbitration
Investment Arbitration
Construction & Infrastructure
Sam Moss is an international arbitration lawyer trained in both civil and common law, and focuses on disputes in the construction and energy sectors.
He has acted as counsel or arbitrator in numerous international arbitration proceedings conducted under the ICC Rules, the Swiss Rules, the DIAC Rules, and the ICSID Convention, and governed by a variety of substantive laws, including Swiss, Ukrainian, Qatari, US, Lithuanian, and Public International Law.  He also assists clients with the management of claims in construction projects, and on the drafting and negotiation of construction contracts.
Sam Moss regularly publishes and speaks at conferences on construction disputes and arbitration, and is active in several professional organisations.  He is the founder and co-chair of YConstruction, an international group for young construction arbitration practitioners, and serves as an officer of the International Bar Association’s International Construction Projects Committee.  He is also a member of the Swiss Arbitration Association (ASA), ASA below 40, and the Young Canadian Arbitration Practitioners.  Sam Moss has been ranked for several years as a leading construction lawyer, and as a Future Leader in International Arbitration, by Who’s Who Legal.
Prior to joining LALIVE, Sam Moss was Assistant Legal Counsel at the Permanent Court of Arbitration in The Hague (2006-2007), and served as a law clerk to a judge of the Quebec Court of Appeal (2005-2006).
He is pursuing an MSc in Construction Law and Dispute Resolution at King’s College, London, and holds a Master of International Studies in International Law from the Graduate Institute of International and Development Studies in Geneva (2007-2009), and joint common and civil law degrees (B.C.L./LL.B. (Honours), with great distinction) from McGill University (2006), where he served as Executive Editor of the McGill Law Journal (2005-2006).


Projects, Construction & Infrastructure

Three practical steps to protect your legal position on COVID-19 disruptions
International | 06 April 2020

All parties involved in construction projects – including contractors, employers, subcontractors and suppliers – should consider what steps they can take now to ensure that they are on a sound legal footing with respect to COVID-19 impacts when the dust settles and it becomes time to allocate responsibility for the consequences. This article sets out three practical steps that parties should be taking now to preserve their rights in respect of the COVID-19 fallout and minimise the risk of future disputes.

Five points to look out for when signing construction contracts governed by Swiss law
Switzerland | 24 February 2020

Swiss law is commonly used for construction contracts and is generally considered to be a safe option for good reason. But Swiss law does have some particularities that international parties might not expect. This article sets out five points that international parties should look out for when signing a Swiss law construction contract. With some forethought, parties can opt to contract out of these particularities or adequately address the allocation of risk that they entail.

Model for dealing with geotechnical uncertainty: FIDIC Emerald Book for underground works
Switzerland | 29 July 2019

The 2019 Conditions of Contract for Underground Works (Emerald Book) is a new standard form specifically for underground works that is the result of a lengthy collaboration between the International Federation of Consulting Engineers and the International Tunnelling and Underground Space Association. The Emerald Book contains several features aimed at addressing geotechnical uncertainty, including geotechnical baseline reports and mechanisms to adjust the time for completion and contract price.

Employer termination of a construction contract
Switzerland | 05 November 2018

Terminating a construction contract is the last resort for employers frustrated by delays, defects or other problems. Three recent Supreme Court cases illustrate some of the pitfalls of termination for employers. In all three cases, the employers' attempt to terminate for cause was construed as termination for convenience, exposing the employers to significant liability towards the contractors, including for lost profits.