Firms To Watch: Dispute resolution: arbitration

Nick Longley in Melbourne heads the arbitration practice at HFW, which was recently strengthened by the arrival of Jo Delaney and Paul Evans, who work across the construction, energy, commodities, insurance and shipping sectors. Bronwyn Lincoln departed the team in May 2022.

Dispute resolution: arbitration in Australia

Ashurst

Jeremy Chenoweth and Georgia Quick co-lead the arbitration practice at Ashurst; Quick, based in Sydney, is dual qualified in Australia and England and Wales, and Chenowith practices across Brisbane and Sydney, and heads the firm’s Asia Pacific dispute resolution practice. The team has particular strength in the construction, infrastructure, energy and natural resources sectors and is well versed in international arbitration proceedings in the oil and gas, mining and power sectors. The team has notable international coverage thanks to its broad office network and the knowledge of its lawyers, including Bill Smith, who has experience in the Middle East and North Africa. Nationally, the firm’s reach extends to Sydney, Brisbane, Melbourne, Perth and Canberra.

Responsables de la pratique:

Georgia Quick; Jeremy Chenoweth


Autres avocats clés:

Bill Smith


Les références

‘Ashurst practitioners tend to provide a balance between commercial and thorough, which is important for the Australian market. Bill Smith is creative, collaborative and a pair of safe-hands – the full package. Georgia Quick is thorough and will pick up on issues before they become issues.’

‘Jeremy Chenoweth is a standout. His work was a cut above.’

‘The team is extremely experienced, very hard-working and extremely bright, with great lawyers who understand and devise strategies to achieve their clients’ legal and commercial objectives.’

Principaux 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

The arbitration team at Clifford Chance operates domestically, regionally and internationally, with practitioners working out of Perth, Sydney and Melbourne, conducting advocacy in English, French, Spanish and Chinese. Sam Luttrell and Cameron Hassall co-lead the team from Perth and Sydney, respectively. Luttrell has notable experience in French-speaking markets, Hassall in Hong Kong and China. Spencer Flay has particular strength regarding construction matters; operating out of Perth, he advises developers, project sponsors and contractors on disputes arising from natural resources, oil and gas, and infrastructure development projects. Sydney-based counsel Robert Tang and Julia Dreosti specialise in energy and resources, and aerospace and defence, respectively. In Perth, senior associate Rodolphe Ruffié-Farugia is noted for his cross-border work.

Responsables de la pratique:

Sam Luttrell; Cameron Hassall


Autres avocats clés:

Spencer Flay; Robert Tang; Julia Dreosti; Rodolphe Ruffié-Farugia


Les références

‘Cameron Hassall is a superb lawyer, a careful analyst and a sensible, reasonable person who embodies all the skills necessary for proper and efficient dispute resolution.’

Corrs Chambers Westgarth

Corrs Chambers Westgarth‘s arbitration team draws on the wider firm’s multi-sector expertise to offer integrated support, with a focus on cases involving natural resources, energy and infrastructure projects. The large team spans Perth, Brisbane, Melbourne and Sydney, and collaborates with advocates internationally. Nastasja Suhadolnik, a specialist in construction, renewable energy and natural resources who is dual qualified in New York and Australia, leads the team from Melbourne. Joshua Paffey in Brisbane has experience practicing in London and particular strength handling disputes in the oil, gas and natural resources sectors. The team has notable in-house advocacy and forensic capability, with Melbourne-based silk Charles Scerri KC is a notable member of the team.

Responsables de la pratique:

Nastasja Suhadolnik


Autres avocats clés:

Joshua Paffey; Michael Earwaker; Andrew Stephenson; Carla Mills; Charles Scerri KC


Les références

‘A very strong, experienced team with great depth. Team members display strong initiative, excellent project management and clear communication. Able to deliver high quality work on a short timeframe. ’

‘Joshua Paffey is one of the leaders in international arbitration in Australia and, on top of maintaining an active practice, also contributes his time to the profession and enhancing Australia’s reputation for international arbitration.’

‘Mark Wilks and David Anthony are very responsive to client needs, while able to project manage very large and complex cases in a manner that allows them to be run through an arbitration without a hitch. ’

Principaux clients

Santos Ltd


Hancock Prospecting


Roy Hill


INPEX


John Holland


Acciona Agua Australia Pty Ltd


CIMIC


Principaux dossiers


  • Advising Santos regarding the GLNG project, which is an Australian multibillion-dollar investment involving the extraction and processing of coal seam gas in inland Queensland.
  • Acting for Hainan Airlines in relation to proceedings in the Supreme Court of NSW commenced by Shenglong Zheng against the Australian International Aviation College.
  • Acting for Hancock Prospecting and related parties across a series of proceedings relating to ownership of valuable mining tenements.

DLA Piper

Gitanjali Bajaj in Melbourne and Cameron Maclean in Perth co-lead the arbitration team at DLA Piper. Bajaj is experienced in the renewable energy, oil and gas, defence, construction and infrastructure sectors, and leads the Australia team’s India group. Other practitioners are based in Sydney and Brisbane, in addition to Melbourne and Perth, and collaborate with the firm’s wider global arbitration practice. Richard Edwards co-leads the firm’s global construction disputes practice from Perth, maintaining a focus on construction and transport disputes within the energy sector. Gowri Kangeson is qualified in Malaysia, England and Wales, and Australia, and has notable experience in the technology sector.

Responsables de la pratique:

Cameron Maclean; Gitanjali Bajaj


Autres avocats clés:

Richard Edwards; Gowri Kangeson; Liam Prescott


Les références

‘DLA have a strong International Arbitration Team.’

‘Gitanjali Bajai is very experienced in the field.’

‘Richard Edwards is a supreme operator. The market and the bar considers him a very safe pair of hands.’

Principaux dossiers


King & Wood Mallesons

The international arbitration offering at King & Wood Mallesons is a popular choice for clients across a range of industries, including construction, energy, technology and financial services. Team head Edwina Kwan, based in Sydney, has particular strength in China-related disputes, as well as climate-based arbitrations. ‘Market leader’ Peter Pether, also in Sydney, is experienced across litigation, alternative dispute resolution and arbitration, with specialist experience in construction disputes. Senior associates Erin Eckhoff and Domenico Cucinotta have substantial international experience, both working from Sydney. Enforcement strategy and investment treaty arbitration are both areas of standout expertise for the team, which is ‘well versed in the challenges of running cross-border litigation’.

Responsables de la pratique:

Edwina Kwan


Autres avocats clés:

Juliana Jorissen; Erin Eckhoff; Domenico Cucinotta; Matthew Carr; Peter Pether


Les références

‘The team has a strong combination of experience and talent. As a group they are very well versed in the challenges of running cross-border litigation and they have experience that other firms cannot replicate (in particular, in relation to foreign arbitration experience and experience in the PRC). As a result they bring an added dimension to the management of the arbitration/litigation.’ 

The group is very easy to work with, engaged and responsive. They have high levels of technical excellence but also a pragmatic appreciation for management of the litigation. Domenico Cucinotta stands out for his technical skills, his easy manner and his tactical acumen. Edwina Kwan, as the lead partner in the group, is strategic and brings to bear a significant track record in Asia-based arbitration.’

This is the best arbitration team in the country. Many firms hold themselves out as having experience in arbitration, but KWM is one of the few, which actually has real and deep experience and the ability to properly resource and run a major international arbitration.’

Principaux clients

Tethyan Copper Company Pty Limited


Hong Kong Henson Industrial Ltd


Principaux dossiers


  • Engaged to enforce a c.US$6bn ICSID award against the Islamic Republic of Pakistan in the Federal Court of Australia.
  • Advised Hong Kong Henson Industrial in relation to the enforcement of an approx. AU$4m SIAC award.

Allen & Overy LLP

Allen & Overy‘s integrated APAC arbitration practice works from Perth in collaboration with colleagues in Hong Kong, Shanghai, Japan and Singapore. Department head Mark Van Brakel specialises in international arbitration, with experience in major contract, joint venture, engineering and project disputes. Energy, mining and natural resources are key sector strengths for the team, including experience across the hydrocarbon value chain and growing expertise regarding LNG price reviews. Notably, arbitration practitioners in the team largely conduct their own advocacy. David Jenaway‘s practice has an emphasis on oil and gas work. Senior associate Karina Travaglione is also noted.

Responsables de la pratique:

Mark van Brakel


Autres avocats clés:

David Jenaway; Karina Travaglione


Les références

‘The A&O disputes team is a very high-quality offering, with a good blend of experienced and intelligent partners and strong bench of associates. Capable of managing complex high-end disputes. ’

‘David Jenaway is a very smart and talented litigator with a very good client demeanour. Mark van Brakel is a very experienced and steady operator in this space.’

‘The dispute resolution team at Allen & Overy in Perth are some of the very best litigation and arbitration lawyers in all of Australia.’

Principaux clients

Watkins Holdings S.a.r.l.


Watkins (Ned) B.V.


Eni


Principaux dossiers


Allens

The international arbitration group at Allens works with alliance partner Linklaters to support clients across 28 countries. Key sectors include energy, mining, construction, infrastructure and insurance, along with M&A transaction disputes. Jeremy Quan-Sing a ‘true construction expert‘, leads the team from Perth, while Andrew Maher, in Melbourne, specialises in the energy and natural resources sectors. The team has additional experience acting in an advisory capacity, including with regards to investment treaty protections.

Responsables de la pratique:

Jeremy Quan-Sing


Autres avocats clés:

Andrew Maher; Nick Rudge; Nikki O’Leary


Les références

‘Very focused on getting the best result for the client. Highly experienced.’

‘Jeremy Quan Sing is a true construction expert. Plus a real sense for how to set the strategy for a big arbitration.’

Principaux dossiers


Herbert Smith Freehills

Melbourne-based partner Chad Catterwell, a specialist in cross-border disputes with particular experience in China, heads the arbitration offering at Herbert Smith Freehills. The team sits within the firm’s wider Asia Arbitration Hub, launched in February 2023, and collaborates with colleagues across the region. In Australia, Leon Chung is based in Sydney, Elizabeth Poulos in Brisbane, and Elizabeth Macknay in Perth. Poulos’ experience spans the energy, banking and infrastructure sectors; Macknay specialises in mining and resources disputes. James Allsop, in Melbourne, has notable experience advising Japanese clients in cross-border disputes.

Responsables de la pratique:

Chad Catterwell


Autres avocats clés:

Elizabeth Macknay; Elizabeth Poulos; Leon Chung; James Allsop


Les références

‘The HSF team works exceptionally well together with complementary litigation and arbitration capabilities. They very quickly understand business objectives and provide commercially focused and pragmatic advice. They also work seamlessly with overseas group team businesses and their legal teams. They demonstrate outstanding collaboration and take initiative to suggest alternatives at key decision points.’

‘The way in which key issues and strategic decision making are handled give great confidence to the decision makers in the business, and advice was provided candidly, patiently and clearly.’

‘A very good litigation firm with great people and work.’

Principaux dossiers


Norton Rose Fulbright

The international arbitration team at Norton Rose Fulbright has notable bench strength across the country – with bases in Brisbane and Sydney – allowing it to handle a range of international commercial arbitration, domestic arbitration and investor-state enforcement matters. Team lead Dylan McKimmie, in Brisbane, often works with clients in the oil and gas industry; Tamlyn Mills, in Sydney, has notable expertise regarding the enforcement of commercial and investment treaty awards. In Perth, Jo Feldman was promoted to partner in 2022. Andrew Battisson left the firm in March 2023.

Responsables de la pratique:

Dylan McKimmie


Autres avocats clés:

Tamlyn Mills; Daniel Allman; Jo Feldman


Les références

‘NRF can provide their excellent service with utmost dedication, professionalism, and expertise under the reasonable fee.’

‘Daniel Allman and his team members are excellent lawyers with strong analytical skills and attention to detail. Daniel has deep understanding of the legal system and demonstrates ability to navigate complex issues with ease.’

‘Jo Feldman, in particular, would be the stand-out – her experience as a barrister and diplomat, as well as an in-house government lawyer working on major policy/legislative reforms, gives her an unmatched degree of familiarity with the workings of government and the kinds of sensitivities and risks that may need to be managed.’

Principaux clients

9REN Holding S.à.r.l.


BIC Contracting LLC


Chevron Australia Pty Ltd


Eiser Infrastructure Limited


Energia Solar Luxembourg S.à.r.l,


Energia Termosolar B.V


Exxon Mobil


GLNG Operations Pty Ltd


Infrastructure Services Luxembourg S.à.r.l


International Chamber of Commerce


JERA


LCM Operations Pty Limited


NextEra Energy


Osaka Gas


POSCO Engineering & Construction Co., Ltd


PT Dowell Anadrill Schlumberger


QGC Pty Ltd


RREEF Infrastructure (G.P.) Limited


RREEF Pan-European Infrastructure Two Lux S.á.r.l


Shell


Standard Chartered Bank


Tokyo Gas


TotalEnergies EP Holdings Australia Pty


Principaux dossiers


  • Acting for Chevron in a Perth-seated arbitration under the UNCITRAL Rules concerning an A$411m dispute between Chevron and two of its contractors.
  • Acting for the Mauritian shareholders of Devas Multimedia Private in the first contested enforcement of an investor-state arbitral award under Part II of the International Arbitration Act 1974 (Cth).
  • Secured a significant win for Infrastructure Services Luxembourg and Energia Termosolar, dismissing the Kingdom of Spain’s appeal and rejecting its assertion of foreign immunity from jurisdiction.

Squire Patton Boggs

Cris Cureton leads the arbitration group at Squire Patton Boggs from Sydney, bringing expertise in both international and domestic arbitration, with an emphasis on the construction, energy and mining sectors. In Perth, Greg Steinepreis has particular expertise in disputes arising in the gas and natural resources industries. Director Vicky Kossaris is a key name in Darwin, and Sydney managing partner Graeme Slattery is noted for his corporate arbitration experience.

Responsables de la pratique:

Cris Cureton


Autres avocats clés:

Greg Steinepreis; David Starkoff; Graeme Slattery; Vicky Kossaris


Principaux clients

AustSino Limited


Kingdom of Spain


MSP Engineering


Principaux dossiers