Undergraduate: Emory University A.B., LL.B.
Graduate: Harvard Law School LL.M. and Oxford University, M.Litt.
Awards and Recognition
■ Cornerstone Award (2006); highest award for distinguished service by the American Bar Association, Forum on the Construction Industry.
■ 2012 Arbitration “Lawyer of the Year Award”, Washington D.C.; 2014 "Lawyer of the Year Award, Atlanta; Best Lawyers in America (Listed from 2003-date).
■ 1st Band, Leading Individual Lawyers (Construction-Georgia), Chambers and Partners (2005-date).
■ Top 10 “Most Highly Regarded Individuals-Global” International Who’s Who of Construction Lawyers (2007-2010); International Who's Who of International Commercial Arbitration (2013-2014).
Mr. Hinchey is recognized domestically and internationally as a leader in construction law, with extensive experience in resolving significant construction disputes as a mediator and arbitrator with the JAMS Global Engineering and Construction Panel. Prior to his retirement in 2011 from King & Spalding, an international law firm, he led their construction disputes practice for 18 years. Mr. Hinchey now focuses his practice on international and domestic construction arbitration and dispute resolution, having served as an arbitrator and mediator in a great variety of large complex construction disputes.
The range of matters for which Mr. Hinchey has been responsible as an advocate include the negotiation and drafting of design and construction agreements and resolution of disputes for the 1996 Summer Olympic Games; representation of Turner Broadcasting System in all aspects of its construction programs; representation of a Fortune 100 transportation company as core counsel for its worldwide construction transactions and related dispute resolution matters; representation of Wal‑Mart, Inc., in multi-state construction litigation; representation of The Coca-Cola Company in construction matters; and drafting, negotiating or performing risk analyses of a variety of design build, turnkey and EPC agreements for such projects as the Al Udeid Air Base Fueling Facility in Qatar, Turner Field in Atlanta, the Houston Astros’ Stadium, the New England Patriots Stadium, the Philadelphia Eagles Stadium, the proposed new Tacoma Narrows Bridge, and a monorail project in Las Vegas, Nevada.
Mr. Hinchey has served as Chair of, and received the highest achievement “Cornerstone” award from, the world’s largest organization of construction lawyers, the American Bar Association Forum on The Construction Industry; He has served as President of the American College of Construction Lawyers, is an honorary fellow of the Canadian College of Construction Lawyers, a fellow of the College of Commercial Arbitrators and a Chartered Arbitrator and Fellow of the Chartered Institute of Arbitrators. He has also served as Chair of the Atlanta Bar Association, Construction Law Section. He now serves on the JAMS International Panel and the Global Engineering and Construction Panel of Arbitrators and Mediators; the CPR Distinguished Construction, International and ADR Panels for of Neutrals. He was appointed to the Council of Distinguished Advisors to The Straus Institute, Pepperdine University School of Law. Mr. Hinchey has been regularly listed in Chambers and Partners, Best Lawyers in America, U.S. Legal 500, Guide to the World’s Leading Experts in Commercial Arbitrators, Superlawyers (Corporate Counsel Edition), Who's Who in International Arbitration; Who’s Who in American Law, Who’s Who in America; as one of the top eight “Most Highly Regarded Individuals—Global” in the International Who’s Who of Construction Lawyers; and received the 2012 Arbitration “Lawyer of the Year Award”, Washington D.C.; and the 2014 "Lawyer of the Year Award", Atlanta, from Best Lawyers in America.
Positions and Memberships
■ Former President and current Fellow of American College of Construction Lawyers (1993-2014).
■ Honorary Fellow, Canadian College of Construction Lawyers (2011-2014).
■ Past Chair, American Bar Association, Forum on the Construction Industry (1996-1997).
■ Past Chair, Atlanta Bar Association, Construction Law Section (1999-2000).
■ Past Chair, Legal Steering Committee, Georgia State Financing and Investment Commission (GSFIC) (2005).
■ Co-Chair, International Bar Association, International Construction Projects Committee (2009-2010).
■ Chartered Arbitrator and Fellow, Chartered Institute of Arbitrators, with Diploma in International Arbitration
■ Fellow, College of Commercial Arbitrators (2008-date).
■ President, Georgia Arbitrators’ Forum (2009-2010).
■ JAMS International and Global Engineering and Construction Panels (London, New York, Washington, DC, Atlanta, Miami) (2008-date).
■ American Arbitration Association, Master Panel of Construction Arbitrators (1992-2010);
■ CPR Distinguished Panels: (Construction, Cross-Border, ADR)
■ Council of Distinguished Advisors, The Straus Institute For Dispute Resolution, Pepperdine University School of Law (2006-).
■ Advisory Board, Construction Contract Law Report, published by Thomson West.
■ Advisory Board, Institution of Civil Engineers (ICE) Journal of Management, Procurement and Law (2010-2011).
■ Executive Committee, State Bar of Georgia, Dispute Resolution Section.
Representative Articles, Publications, Speeches and Seminars
Publications and Speeches
■ Co-author, Hinchey & Harris, International Construction Arbitration Handbook, published by Thomson‑West (2014 ed.) (Originally published in 2008).
■ Chapter author, “International Arbitration”, published in Construction ADR, by the American Bar Association (2014).
■ Chapter author, “Fast-track International Construction Arbitration”, published in Contemporary Issues in International Arbitration and Mediation – The Fordham Papers (2012) (Nijoff, 2013).
■ Co-author, International Construction Law: A Guide for Cross-Border Transactions, Chapter 10, “Construction Dispute Resolution”, published by the American Bar Association (2009).
■ Author, “Rethinking Conflict in Construction Project Delivery and Dispute Resolution,” Vol. 29, Part 1, International Construction Law Review, January, 2012.
■ Author, Chapter 12, “Dispute Resolution in Megaprojects”, published by the American Society of Civil Engineers, 2012.
■ 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).
■ Co-author, Construction Law Glossary, an in progress publication by the American Bar Association, Forum on the Construction Industry (2010).
■ Co-author, Chapter 5 Preface, Justin Sweet Anthology, published by the American Bar Association, Forum on the Construction Industry (2009).
■ Author, “Taming Construction Disputes Through ‘Rapid Resolution’”, Editorial, Engineering News-Record (ENR) (July 8, 2009).
■ Contributing author, JAMS Global Engineering and Construction Newsletter (2009-2011).
■ 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).
■ Featured Speaker and Panelist at the Chartered Institute of Arbitrators Conference on Costs of International Arbitration, London (September, 2011).
■ Keynote Speaker and Panelist, Society of Construction Law of Australia, Annual Conference, Sydney, August 5-7, 2011, on “Rethinking Adversarialism”.
■ Panelist, 5th Annual Arbitration Institute, Atlanta, August 19, 2011, on “Advanced Arbitration Case Management”.
■ Featured speaker to the Society of Indian Law Firms on arbitration subjects, New Delhi, November 27, 2010.
■ Featured speaker on international commercial arbitration to the Indian Branch of the Chartered Institute of Arbitrators, Mumbai, India, December 2, 2010.
■ Adjunct 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).
■ 8th International Litigation and Arbitration Conference, Florida Bar Association (February 12, 2011), Miami, Florida. Topic: “Regional Developments in the United States”.
■ Speaker and Panelist, The 3-D’s of International Business Transactions, 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.
■ “Change In Law”, paper and presentation to the American Bar Association Mid‑Winter Meeting, New York, New York (January 2006); The Construction Lawyer (Fall 2006).
■ “Multifamily Housing Developers See Increase in FHA and ADA Litigation”, co‑authored with Michael J. Malone, The Real Estate Finance Journal (Winter 2006).
■ “The Effect of Forum Selection Clauses on a District Court's Power to Compel Arbitration”, co-authored with Thomas V. Burch, Dispute Resolution Journal (AAA, November 2005 –January, 2006).
■ “An Arbitrator's Authority to Award Attorney's Fees for Bad Faith Arbitration co‑authored with Thomas V. Burch, Dispute Resolution Journal (AAA, May-July, 2005).
■ Program Chair: “Construction Defects: Water Intrusion and Other Calamities”. The Seminar Group, Atlanta, Georgia (July, 2005).
■ “Best Practices in Document Management For Complex Commercial Construction Cases”, Construction Law Journal (Sweet & Maxwell, Vol. 21, No. 5, 2005).
■ “Picking the Right ADR Method for Your Contracts and Cases”, Institute of Continuing Legal Education in Georgia (September, 2005).
■ “Best Practices In Document Management For Complex Commercial And Construction Cases”, Center for International Legal Studies, Salzburg, Austria (June 2004).
■ “International Construction Arbitration (Frequently Asked Questions)”, State Bar of Georgia ADR Section (March, 2004).
■ “Georgia General Assembly Adopts “Manifest Disregard” as Ground For Vacating Arbitration Awards: How Will Georgia Courts Treat The New Standard?”, (co-authored with Thomas V. Burch), Georgia Bar Journal (February, 2004)
■ Panelist, “Manifest Disregard Of The Law: How This New Standard For Vacatur Will Change The Arbitral Process”, 10th Annual ADR Institute and 2003 Neutrals’ Conference, Lake Lanier Islands, Georgia (November, 2003).
■ “Construction Management/Design-Build in Texas”, Lorman Education Services Seminar, Houston, Texas (November, 2003).
■ “Alternative Dispute Resolution: Guidelines For Choosing The Right Process For Your Case”, Law Seminars International, Atlanta, Georgia (November, 2003).
■ “Alternative Dispute Resolution: Guidelines For Picking The Right Forum For Your Case”, Institute of Continuing Legal Education, Atlanta, Georgia (September 2003).
■ “Guarantees of Performance”, Construction Business Handbook, Aspen (2004).
■ “The Quest For The Right Questions For The Construction Industry”, (co-authored with Laurence Schor), Dispute Resolution Journal (August-October, 2002).
■ Panelist, “Ethics In A World of Mandatory Arbitration”, Law Review Symposium, GSU College of Law (February, 2002).
■ “Exchanges of Documents and Depositions in International Arbitration”, Kluwer Law International Comparative Law Yearbook (2001).
■ Panelist, “Global Construction Superconference”, London (November, 2001).
■ “What’s Right and What’s Wrong with ADR?”, presented in London and Paris to Construction Bar Symposium (November, 2001).
■ Panelist in “Mediation Advocacy For Attorneys”, sponsored by the AAA, Atlanta, GA (July, 2001).
■ “The Owner and Contract Risk Allocation on High Profile Projects”, ABA Forum, New Orleans, Louisiana (April, 2001).
■ “Emerging Trends In Construction Arbitration”, ADR Institute, Callaway Gardens, Georgia (November, 2000).
■ “Emerging Trends In International Construction Arbitration”, K&S/ICC Program, Atlanta, Georgia (October, 2000).
■ Moderator, “How Arbitrators Can Make Hearings Fairer and More Efficient”, American Arbitration Association, Atlanta, Georgia (June, 2000).
■ “ADR in the UK and USA”, ABA Annual Meeting, London (July, 2000).
■ “Exchanges of Documents and Depositions in International Arbitration”, Center for International Legal Studies, Salzburg, Austria (June, 2000).
■ “The Design Blueprint; Key Aspects of Every Architectural and Engineering Contract”, Public Owner's Seminar, Association of County Commissioners, Atlanta, Georgia (November, 1999).
■ Construction Law Handbook, Chap. 2, “Visions for the Next Millennium”, Aspen Law and Business Publications (1999).
■ “The Design Contract”, Construction Law For the General Practitioner, Continuing Legal Education Institute (October, 1999).
■ “Construction Law Update”, Advanced Construction Law Program; Institute of Continuing Legal Education (March, 1999).
■ “The Five Most Important Clauses in Every Construction Contract”, Institute for Continuing Legal Education (October, 1998).
■ “No Damages For Delay; The Law in Georgia”, ABA Construction Litigation Committee, Monograph Chapter (September, 1998).
■ “Guarantees of Performance”, Center for International Legal Studies, Salzburg, Austria (June, 1998).
■ Chair, Atlanta Bar Association Regional Seminar on “The New AIA Documents”, Atlanta, Georgia (May, 1998).
■ “Selected Contracting Issues”, Arthur Andersen/King & Spalding Seminar for Emerging Companies (April, 1998).
■ “Construction Lawyering in the 21st Century”, ABA Forum on the Construction Industry Annual Meeting, Orlando, Florida (April, 1998).
■ “Model Dispute Resolution Clauses for Domestic and International Agreements”, Advanced Technology Development Center, Atlanta, Georgia (June, 1997).
■ “Mastering Mediation--5 Steps to Successful ADR”, ABA Section of Litigation Annual Meeting, Washington, DC (April, 1997).
■ “Value Engineering Legal Services For the Construction Industry”, 1997 Construction Industry Institute, Annual Conference, St. Louis, Missouri (March, 1997).
■ “Evolution of ADR Techniques for Major Construction Projects in the Nineties and Beyond”, Construction Law Journal (Sweet & Maxwell, 1996).
■ “Construction and Procurement Law”, Fulton County Daily Report―Legal Trends (May, 1995).
■ Moderator, “Getting The Most Out Of Mediation”, AAA, Atlanta, Georgia (November, 1993).
■ “Nuts and Bolts of Alternate Dispute Resolution”, Institute of Continuing Legal Education, Environmental and ADR Law Seminar, Atlanta, Georgia (December, 1994).
■ “Evolution of ADR Techniques for Major Construction Projects in the Nineties and Beyond; A Proposal for a Paradigm”, International Bar Association, 25th Biennial Conference, Melbourne, Australia (November, 1994).
■ “Advanced ADR Drafting and Practice Techniques For Litigation and Transactional Lawyers”, K&S University (October, 1994).
■ “ADR and Construction Litigation; Where They Will Meet in the Nineties”, ABA Litigation Section, Washington DC (November, 1993).
■ “Construction Industry: Building the Case for Mediation”, 47 Arbitration Journal 38 (June, 1992).
■ Contributing editor: Construction Business Review (CBR) case digests and occasional articles (1991-1995).
■ Contributing author: The Troubled Construction Loan (John Wiley & Sons, 1991).
■ “New Goals for Construction Trial Lawyers in the 1990s: To Be Both Effective and Economical”, 6 Change Order 6 (N.C. Bar Association, November, 1991).
■ Contributing author: Annotated Commercial Blanket Bond (American Bar Association, Rev. 1990).
■ Contributing author: Payment Bond Defense Manual (American Bar Association, 1990).
■ Contributing editor: Subrogation Rights of Surety (American Bar Association, 1990).
■ Contributing author: Business Insurance Law and Practice Guide (Matthew Bender, 1989).
■ Contributing author: Construction Litigation: Strategies and Techniques (John Wiley & Sons, 1989).
■ Case Notes Editor: The Construction Lawyer (American Bar Association, 1989-1994).
■ “When ADR May Not Work”, 6 The Complete Lawyer 36 (Spring 1989).
■ “Arbitration Requires a Savvy Lawyer”, 6 The Complete Lawyer 25 (Summer 1989).
■ “Arbitration Evolves to Meet the Times”, 6 The Complete Lawyer 40 (Fall 1989).
■ “The Contract, The First Chance for ADR”, 6 The Complete Lawyer 46 (Winter 1989).
■ Contributing author: Annotated Bankers Blanket Bond (American Bar Association, Rev. 1988).
■ “Surety's Performance Over Protest of Principal”, 22 Tort & Insurance Practice Journal 133 (Fall 1986).
■ “Payment and Performance Bond Coverages and Claims”, 41 Arbitration Journal 64 (1986).
■ “Surety's Liability for Extra-compensatory (Punitive) Damages”, National Institute, American Bar Association (1983).
■ “Causation and Loss,” “Exclusions” and “Bankers Blanket Bond”, appearing in Bank Insurance, (Banking Law Institute 1982-1984).
■ “An Analysis of Bank Defenses to Check Forgery and Alteration Claims Under Uniform Commercial Codes, Articles 3 and 4; Claimant's Negligence and Failure to give Notice”, 10 Pepperdine Law Review 1 (1982).
■ “Negligence and Notice Theories in Bank UCC Defenses and Bond Coverage Implications”, 17 The Forum 284 (1981).
■ “Mass Administrative Justice: A Comparison of the British and American Experiences”, Master of Letters Thesis, Oxford University, England (1979).
■ “The First Amendment and the Delivery of Legal Services”, 63 American Bar Association Journal 945 (1977) (Winning article, ABA Ross Essay Contest). Contributing author:
■ “Survey of Georgia Law: Administrative Law”, 29 Mercer Law Review 1 (Winter 1977).
■ Contributing author: “Survey of Georgia Law: Administrative Law”, 26 Mercer Law Review 1 (Fall 1974).
■ Contributing author: “Survey of Georgia Law: Administrative Law”, 25 Mercer Law Review 1 (Spring 1973).
■ Contributing author: “Survey of Georgia Law: Administrative Law”, 24 Mercer Law Review 1 (Winter 1973).
■ “The First Amendment Freedom of Speech: A Rediscovery of Absolutes”, 25 Mercer Law Review 473 (Spring 1972).
■ Contributing editor: Code of Laws, Fulton County, Georgia (Municipal Code Corporation, 1965).
- U.S. Supreme Court (1970)
- United States Court of Appeals (5th Circuit)
- United States Court of Appeals (11th Circuit)
- United States District Courts (Georgia) (1968)
- Supreme Court of Georgia (1965)
- Former Lay Leader and on the Administrative Board and Board of Trustees, of Glenn Memorial United Methodist Church in Atlanta, Georgia
- Secretary, Oxford University Society, Georgia Branch