We represent leading corporations, financial institutions, investors and sovereign state parties in complex and high-value domestic and international commercial arbitrations, as well as in disputes under international investment treaties.
Our team has significant knowledge and experience in the conduct of arbitrations across a wide range of industry sectors, including energy and resources, infrastructure and construction, mining, financial services, pharmaceuticals, technology and retail. We work with subject matter experts in all of these areas.
Our team’s arbitration experience includes the conduct of ad hoc and institutional arbitration under leading arbitral rules including the ICC, ACICA, LCIA, SIAC, Resolution Institute and the UNCITRAL Arbitral Rules. Members of our team are also familiar with the Code of Sports-related Arbitration used to resolve sports disputes.
We work closely with clients at all stages of the arbitration process — from drafting and negotiating arbitration agreements including in complex multi-contract, multi-party arrangements, through to award enforcement. We advise clients on both enforcing and resisting awards and are presently acting for a sovereign state defending multiple enforcement proceedings, which is making law in Australia and internationally. We also regularly conduct litigation in aid of arbitration and foreign court proceedings.
We advise clients (both investors and sovereign state parties) on how to obtain and enforce the best protections under bilateral investment treaties, including by way of corporate structuring to optimise treaty protection. It is critical to seek advice of this nature in advance of making any investment in a foreign jurisdiction, particularly a jurisdiction prone to adverse government action.
Our lawyers are experienced and have been involved in the region’s largest and most complex arbitrations. Our approach is pragmatic, strategic and aligned with each client’s commercial objectives.
Work highlights
Kingdom of Spain
Defending proceedings brought by three separate award creditors seeking recognition and enforcement of investor state arbitral awards rendered against Spain. These proceedings raise complex issues of sovereign immunity, assignment of ICSID awards, and the conflict between a sovereign state’s international obligations as a member of the EU and as a contracting state to the ICSID Convention.
ICSID arbitration
Acted for the claimants with the Democratic Republic of Timor-Leste and associated Supreme Court of Victorian proceedings, over the alleged unlawful termination of an agreement to supply fuel and other services to Timor-Leste.
ICC arbitration
Treatment of the costs associated with the construction of the QCLNG Pipeline which transports coal seam gas from mainland Queensland to Curtis Island.
London seated LCIA arbitration
Against joint venturers in an oil and gas project in Tunisia.
Perth seated ICC arbitration
Disputes under two EPCM contracts for the development of the mineral processing plant at Base Resources Ltd’s Kwale project in Kenya.
Various advice to investors and sovereign state parties
On investment protection under bilateral and multilateral treaties, including the potential enforcement of bilateral treaties and corporate structuring with a view to optimising investment protection.