Dispute resolution: arbitration in Australia

Ashurst

Ashurst is active in both international and domestic arbitration within the energy and resources and construction arenas. The team is co-led by Brisbane-based Jeremy Chenoweth, head of the firm’s Asia Pacific dispute resolution practice, who has particular expertise in project development disputes, and Georgia Quick, who was also appointed president of ACICA in June 2021. Peter Voss is also a notable member of the team, with extensive experience in cross-border disputes, as is Bill Smith. All named lawyers are based in Sydney unless stated otherwise.

Practice head(s):

Jeremy ChenowethGeorgia Quick

Other key lawyers:

Peter VossBill Smith

Testimonials

‘The team are extremely bright, practical and easy to work with.’

‘Bill Smith is outstanding: very clever, extremely knowledgeable and very pragmatic and commercial, as well as being a delight to work with.’

‘Georgia Quick is a star: hardworking, technically brilliant and very responsive. It’s a pleasure to work with her team.’

‘I value Georgia Quick’s responsiveness and availability. She always looks for solutions through the lens of what the client needs. In the past year she has delivered some great outcomes for us.’

Key clients

AGL Energy Limited

Airservices Australia

Alcoa Corporation

Australian Naval Infrastructure Pty Ltd

CBRE Pty Limited

Gold Coast City Council

Hochtief AG

Idemitsu Australia Resources Pty Limited

LafargeHolcim Ltd

Leighton Offshore Pte Limited

MMA Offshore Limited

MMI Indonesia Investments Pty Ltd

Nexus Infrastructure Pty Ltd

Northern Oil & Gas Australia Pty Limited

Northern Star Resources Ltd

NorthWest Healthcare

NSW Government

Orica Limited

Paladin Solutions PNG Ltd

Roads and Maritime Services

Shell International Limited

SRG Global Limited

Sydney Metro

Whitehaven Finance Company Pty Ltd

Wiggins Island Coal Export Terminal Pty Limited

Woodside Energy Ltd.

WorkPac Pty Ltd

WSA Co Limited

Yanzhou Coal Mining Company Limited

Clifford Chance

Clifford Chance benefits from the firm’s global presence in the arbitration arena and is adept at conducting commercial and international investor-state arbitrations. In Perth, natural resources, energy and mining sector expert Sam Luttrell leads the firm’s investor-state dispute settlement team, which has conducted arbitrations against the Republic of Kenya and the Arab Republic of Egypt. Also in Perth, Amanda Murphy is also highly adept at handling disputes in the mining and energy sectors, and her mandates include investment treaty claims made against various states. Counsel Robert Tang is also a notable team member based in Sydney.

Practice head(s):

Sam Luttrell

Key clients

Kingsgate Consolidated

Tantalum International Ltd

Cortec Mining Kenya Ltd

Work highlights

    Corrs Chambers Westgarth

    Corrs Chambers Westgarth‘s sizeable team acts for international and domestic corporates in high-value arbitrations, in particular across the Asia Pacific. The practice has expertise in various sectors, including natural resources, infrastructure, oil and gas, and life sciences, and is experienced in investment treaty arbitrations. Brisbane-based Joshua Paffey leads the practice and is noted for his significant cross-border expertise; he was recently appointed as an executive director of ACICA. Sydney-based Michael Earwaker is strong in the construction arena. Andrew Stephenson is national head of the firm’s projects practice and is skilled in projects-related disputes and international arbitration. Charles Scerri QC joined the team in June 2021 after retiring from the bar. All named lawyers are based in Melbourne unless stated otherwise. Since publication, Bronwyn Lincoln departed.

    Practice head(s):

    Joshua Paffey

    Testimonials

    ‘The team is lead by several of the best arbitration practitioners in Australia. It has real depth in its associates at both senior and junior levels. Has certainly one of the most knowledgeable and experienced practice internationally.’

    ‘The team has breadth and depth of experience in relation to international construction disputes with reach across Asia.’

    ‘It is a very large practice, with more partners than most firms have in the area, and a deep bench of experienced senior associates and well trained associates. Unlike some other large firms, they are looking to try new ways of doing things.’

    ‘Corrs is the only Australian practice I have worked with that has a strong presence in most States and Territories and does a significant amount of work on overseas projects. ’

    ‘Andrew Stephenson has an encyclopaedic knowledge of the law and the ability to impart his knowledge both orally and in writing. Would rank in everyone’s top 5 arbitration specialists in the country. One of the few with a truly international practices. Michael Earwaker has developed into a formidable team leader in both arbitration and infrastructure disputes both domestically and internationally. As counsel I have found the firm provides enormous support in even the most complex cases’

    ‘Team leader Joshua Paffey stands out. Great team leader. Highly experienced. Excellent with clients.’

    ‘Michael Earwaker and Carla Mills are both smart and work tremendously hard for us, often under difficult circumstances’

    ‘The individuals I have worked with stand out, mainly because they work well as a team nationally and demand excellence. The stand-out partners are Michael Earwaker and Joshua Paffey.’

    Key clients

    Hancock Prospecting

    Acciona Agua Australia

    Downer EDI

    Laing O’Rourke

    JX Nippon

    Oil Search Limited

    Barrick (Niugini) Gold

    ISGEC Heavy Engineering

    CH2M Hill Companies

    CPB Contractors

    EnviroGold Limited

    M Resources

    Google

    Work highlights

    • Acting for CH2M Hill as one of three respondents in Western Australian Supreme Court proceedings brought by JKC who was seeking declarations on the proper construction of Parent Company Guarantees, in relation to the construction of the power station for Inpex’s Ichthys LNG Power Plant Project.
    • Acting for Hancock Prospecting in various court proceedings in the High Court of Australia, Federal Court of Australia, Supreme Court of New South Wales and the Supreme Court of Western Australia regarding referral of various claims for dividends worth billions of dollars, and allegations of corporate oppression

    King & Wood Mallesons

    King & Wood Mallesons benefits from its global network of offices, acting for clients in highly complex investment treaty arbitrations and enforcement, representing both investors and states. The team has significant strengths in the energy and resources, infrastructure and construction spaces. Daisy Mallett leads the international arbitration practice with a strong presence in both Australia and Singapore, while Peter Pether leads the dispute resolution team and has considerable strengths in the construction arena. Edwina Kwan specialises in China-related disputes, having spent time in Beijing and Hong Kong. Juliana Jorissen, who is based in Perth, and senior associates Erin Eckhoff and Domenico Cucinotta are also lawyers of note. All named lawyers are based in Sydney unless stated otherwise.

    Practice head(s):

    Daisy MallettPeter Pether

    Testimonials

    ‘Traditionally one of the strongest international arbitration practices in Australia. They have a strong client base in SE Asia and the PRC in particular, and some next generation partners coming through.’

    ‘The practice is young and dynamic. The partners have good track records and experience in the arbitration area and have worked internationally. They are responsive, client friendly and understand the strategic drivers for clients confronting cross-border problems. They are particularly well versed in China-related disputes and issues across Asia generally. They are cost conscious.’

    ‘Edwina Kwan and Daisy Mallett are both well established practitioners with good track records. Edwina is a stand out: a great track record with cross-border disputes in Asia, broad international experience, excellent understanding of the area and a sophisticated and strategic approach to running disputes. She’s also a pleasure to deal with.’

    ‘Daisy Mallett is a star partner; she is very tenacious, has strong advocacy skills and is good at handling clients.’

    ‘Edwina Kwan is an excellent communicator and a go-to for many PRC clients.’

    ‘Erin Eckhoff is one to watch.’

    Key clients

    Tethyan Copper Company Pty Limited

    Work highlights

    • Acting for Tethyan Copper in the enforcement of a US$ 6 billion ICSID award against the Islamic Republic of Pakistan in the Federal Court of Australia.

    Allen & Overy LLP

    Allen & Overy’s international arbitration team based in Perth is made up of 'talented technical lawyers'. The practice benefits from the firm’s global network, acting on high-profile, cross-border arbitrations. Energy, mining and resources are core areas of focus for the practice. Team head Mark Van Brakel has an 'outstanding track record' and the 'very strategicDavid Jenaway is also a notable international arbitration practitioner.

    Practice head(s):

    Mark Van Brakel

    Testimonials

    ‘The team is comprised of outstandingly talented technical lawyers, who are equally strategic and exceptionally hardworking. They are safe and reliable for the most important disputes for a company.’

    ‘David Jenaway is very strategic, laser focused on helping the client and getting the best outcome, a master of litigation warfare, wise beyond his years, huge work ethic, unstoppable and always delivers.’

    ‘Mark van Brakel is the first choice for some of Australia’s biggest mining and energy companies, with an outstanding track record, huge commitment to the client’s cause and fastidious preparation to perfect effect.’

    ‘Karina Travaglione is intelligent and brilliant, a delight to work with, and indispensable as a younger lawyer on the team.’

    ‘Blake Primrose is a very capable heavy lifter. A very good addition to corporate disputes.’

    Key clients

    Watkins Holdings S.a.r.l. and Watkins (Ned) B.V.

    Work highlights

    • Acted for Watkins Holdings S.a.r.l. and Watkins (Ned) B.V. in successfully obtaining an investment arbitration award for its client against the Kingdom of Spain, and enforcing that award in the Federal Court of Australia, NSW Registry.

    DLA Piper

    DLA Piper has a global presence in arbitration thanks to the international footprint of the firm. Recently appointed ACICA vice-president Gitanjali Bajaj co-leads the international arbitration practice across the Asia Pacific from Sydney; she is skilled in both domestic and international commercial arbitration within the building and construction, infrastructure, oil and gas, power and energy sectors. Richard Edwards, Gowri Kangeson and Liam Prescott are also notable team members, each conducting complex and high-value commercial arbitration, based in Perth, Melbourne and Brisbane, respectively.

    Testimonials

    ‘Excellent commercial acumen, timely and thorough work, dedicated to delivering cost efficient and targetted legal services.’

    ‘A team with a leader who listened to the client\’s requirements. Was very effective in issuing us with work plans and budgets.’

    ‘Gitanjali Bajaj -is an excellent communicator and efficient. A quality and effective leader which is reflected through the quality of the work produced by her teams members as well as their enthusiasm for their work.’

    ‘Richard Edwards is at the top of his game, a real market leader.’

    Work highlights

      Herbert Smith Freehills

      Herbert Smith Freehills has notable experience in international arbitration, with key members of the team including, Melbourne-based team head Chad Catterwell, who has extensive experience in arbitrations across the Asia Pacific, and Leon Chung in Sydney, who is adept at both domestic and international arbitration. Perth office managing partner Elizabeth Macknay also handles international arbitration, with experience in the mining and resources sectors. Brenda Horrigan retired from the practice in 2021 to become an independent arbitrator in Singapore.

      Practice head(s):

      Chad Catterwell

      Other key lawyers:

      Anna Sutherland; Leon ChungElizabeth Macknay

      Work highlights

        Norton Rose Fulbright

        The international arbitration team at Norton Rose Fulbright is skilled in a range of arbitration work, including investor-state arbitrations and enforcement, and international arbitration with and without connections to Australia. The team is particularly adept at matters in the energy and resources and oil and gas sectors. The team is headed up by Andrew Battisson, who splits his time between Sydney and Singapore, and Dylan McKimmie in Brisbane. Sydney-based Tamlyn Mills was made up to partner in 2021.

        Other key lawyers:

        Tamlyn Mills

        Testimonials

        ‘I’ve worked with Andrew Battisson and Tamlyn Mills on several matters and both are first rate. Tamlyn is super responsive, knowledgeable and a rising star in her field. Andrew is a seasoned arbitration practitioner with a truly international background.’

        Key clients

        Burford No

        BIC Contracting LLC

        Centerbridge Capital

        Chevron Australia Pty Ltd

        EISER Infrastructure Limited

        Exxon Mobil

        International Chamber of Commerce

        Infrastructure Services Luxembourg S.a.r

        JERA

        King Street Capital

        Leighton Contracting Qatar WLL

        Oilex (JPDA 06-103) Ltd

        Osaka Gas

        POSCO Engineering & Construction Co., Ltd

        PT Dowell Anadrill Schlumberger

        PT Macmahon Mining Services

        RREEF

        Shell

        Tokyo Gas

        Western Australian State Solicitor’s Office

        9REN Holdings Sarl

        Work highlights

        • Acting for various clients in proceedings in the Federal Court of Australia to enforce a €128m ICSID award in favour of the Eiser parties and a €101m ICSID award in favour of the Infrastructure Services parties against Spain.
        • Acting for all joint venture parties who are respondents in a USD46M Singapore-seated ICC arbitration commenced by the Autoridade Nacional do Petroleo e Minerais, the government petroleum authority of the Democratic Republic of Timor-Leste.
        • Acting in an arbitration seated in Perth, Australia concerning an AU$411m dispute between our client, the operator of one of the largest LNG projects in the world, and two of its contractors in connection with a multi-billion dollar contract to supply labour to the project.

        Squire Patton Boggs

        Squire Patton Boggs benefits from the firm's large global footprint and is successful in domestic and international commercial arbitration. In Perth, Greg Steinepreis is strong in disputes relating to major construction projects, whilst Simon Adams and Caroline Brown both have expertise in the energy and utilities arenas. Cris Cureton, who is also based in Darwin, and David Starkoff are notable team members in Sydney.

        Key clients

        Laing O’Rourke Australia Construction Pty Ltd

        Kingdom of Spain

        MSP Engineering Pty Ltd

        Dalian Huarui Heavy Industry Group Co., Ltd.

        Melbourne Olympiad Development

        Proprietors of Unit Title Schemes BC2014/023 and BC2015/079

        Dover Investments v Northern Territory of Australia

        Woolworths Group Limited

        Pindan Capital East Perth Pty Ltd

        Cockburn Cement

        Work highlights

        • Acting for the Kingdom of Spain in Federal Court of Australia proceedings concerning the enforcement of ICSID investor-state arbitration awards in Australia.