Arbitration

Expertise

Cross-border as well as purely domestic disputes are an inevitable by-product of the growth of Australia’s international trade and investment. Combining our commercial dispute resolution and litigation, projects and construction, agribusiness, renewable energy, shipping and logistics expertise with decades of arbitration experience, our team is well equipped to advise on the full range of cross-border and domestic arbitration matters.

We have recently advised on the following matters:

designing systems and processes for dispute resolution in connection with contract negotiations
drafting customised, workable contemporary dispute resolution clauses (including choice of law, forum-selection and arbitration) for commercial contracts
developing global dispute resolution strategies for disputes arising between or among multiple parties in multiple jurisdictions
international service of process and discovery in connection with crossborder litigation and international arbitration
enforcement of court judgments and arbitral awards (international and domestic)
obtaining security in respect of current and potential arbitral decisions, locating and freezing assets
representing parties in the arbitration of disputes governed by the laws of common-law jurisdictions or by international law, including cases under ICC, UNCITRAL, SIAC, SHIAC, SCMA, CIETAC, HKIAC, ACICA, LCIA, LMAA, ICA, GAFTA, FOSFA and ICSID rules
conducting litigation in Australian courts, including those involving foreign parties and/or cross-border disputes and court involvement in arbitral proceedings
provision of concurrent arbitrations by consolidating connected disputes
engaging in jurisdictional challenges to arbitrations
joinder of third parties to arbitrations, and supervision of and support for litigation and arbitrations in other jurisdictions in close cooperation with local counsel.

Experience

We understand Australia’s arbitration institutions and their governing rules. We regularly advise on arbitral procedure, from commencing an arbitration to completion of the arbitration and enforcement of awards. We also have practical insights on arbitrator and expert witness selection, arbitral tribunal formation and challenges, as well as appointment of the world’s foremost counsel.

Our access to the best legal technology solutions ensures our clients receive efficient representation in large arbitration matters.

In recent years, our international arbitration team has been involved in a number of complex arbitrations at the Singapore International Arbitration Centre and the Hong Kong International Arbitration Centre, evidencing the growing trend towards increased case numbers in the Asia Pacific Region. Our team also has a wealth of experience in acting for clients in all aspects of large, complex domestic arbitrations within Australia, across a range of industries including mining, natural resources, logistics, construction and infrastructure.

Domestic arbitration

Our experience includes acting for and advising clients in relation to the following matters:

advising and acting for Grain Trade Australia in relation to its arbitration service and providing Tribunal Secretariat services and training arbitrators
acting for parties in arbitrations under various Industry Codes, including advising a sugar industry organisation on a significant arbitration under the terms of Competitor and Consumer (Industry Code – Sugar Regulations 2017)
an arbitration under the UNCTIRAL Rules in respect to breaches of a rail related contract
acting for one of the respondents in a multi-party domestic arbitration, before a former Australian High Court judge, in relation to a coal export terminal in Queensland
acting for the claimant in a domestic arbitration under the ACICA Rules in Victoria in relation to a breach of a supply agreement
advising clients in construction-related disputes under ACICA Rules.

International arbitration

Our experience includes acting for and advising clients in relation to the following matters:

representing the claimants in an arbitration under UNCITRAL rules at the Hong Kong International Arbitration Centre (HKIAC)
representing a claimant in an arbitration under UNCITRAL rules at the HKIAC in a dispute relating to a Sino-foreign joint venture
an arbitration under HKIAC rules at the HKIAC in a construction contract dispute governed by Chinese law
an arbitration under ICC rules at the Singapore International Arbitration Centre (SIAC) in a dispute relating to a large infrastructure project in China
an arbitration under SHIAC rules relating to a large infrastructure project in China
representing the respondent in an arbitration filed with the SIAC under SIAC rules. The arbitration related to a cross-border iron ore purchase agreement governed by Australian laws
advising on arbitral enforcement options and discovery obligations for a Chinese State Owned Enterprise
advising on the enforcement of a $40 million arbitral award in Mongolia on behalf of European Bank for Reconstruction and Development (EBRD)
acting for a Fortune 500 Firm operating in the renewable energy industry on disputes arising from construction of coal firing power plant in East Asia. Disputes were referred to arbitration under SIAC rules seated in Singapore
acting for one of the world’s largest vertically integrated oil and gas companies on disputes arising from construction of Oil Refinery in the Middle East. Disputes were referred to arbitration under London Court of International Arbitration (LCIA) rules and seated in London
acting for a Middle East Government in relation to USD1.1 billion dollar disputes arising from the construction of two international airports in country. Disputes were referred to arbitration under International Chamber of Commerce (ICC) rules and seated in London
advising a global EPC Contractor on disputes arising from construction of power plant. Disputes were referred to arbitration under HKIAC rules seated in Hong Kong.