Arbitration

Specialist arbitration lawyers with deep experience within Australia and across the globe.

Overview

Our national team is comprised of specialist lawyers with deep experience within Australia and across the globe representing clients in high value and complex arbitrations, whether pursuant to institutional arbitral rules or in ad hoc proceedings, and in a broad range of sectors: 

  • International trade and investment

  • Technology and telecommunications

  • Financial services and banking

  • Government and public infrastructure

  • Transport and major infrastructure

  • Construction and engineering

  • Mining and commodities

  • Energy transition and renewables

  • Energy and natural resources

  • Oil and gas

We leverage our experience to provide cost-effective arbitration advice and representation to both Australian and international entities in domestic and international arbitrations.

Our depth of experience and status as a leading Australian law firm means we are well-placed to provide top tier representation in both arbitrations and arbitration-related proceedings before the Federal and State courts across Australia, such as the enforcement of foreign arbitral awards and arbitration agreements referring disputes to arbitration.

In addition to acting in arbitration and related proceedings, our team provides advice and assistance to clients in arbitration clause drafting through to the identification of risk management strategies to reduce the risk of disputes arising.

Experience

  • Representing an electricity generator in two arbitrations heard concurrently under the UNCITRAL Rules, seated in Melbourne, Australia, concerning the failure of a subsea interconnector, resulting in favourable awards regulating ongoing use of the asset and ultimately enabling termination of the underlying services contract.

  • Acting for an Australian Renewables company with the first Australian Energy Regulator access arbitration and the client to gain access to a gas pipeline on commercially acceptable terms.

  • Acting for construction contractor in defending repudiation and take-out related claims, and counter-claiming extensions of time, delay costs and damages, arising under a mechanical balance of plant subcontract for a solar farm project. Resolution Institute Arbitration Rules, seated in Brisbane.

  • Acting for an ASX-listed entity in two related commercial arbitrations, seated in Sydney, concerning a significant 'force majeure' dispute arising from two major generator transformer failures at a power station in NSW.

  • Key Partner contacts: Steve O'Riley, Scott Sharry, Sean Kelly, Tobin Meagher, Emily Tranter, Jessica Wacker

  • Acting for a publicly listed Australian mining company in an arbitration under the ICC Rules (seated in Sydney) with a Swiss multinational resources trader over offtake arrangements for a highly profitable polymetallic discovery in NSW.

  • Acting for an Australian publicly listed resources company, Indiana Resources Pty Ltd, and its UK subsidiary, in an ACICA Rules arbitration seated in Perth in relation to a shareholder dispute concerning the acquisition of its interest in a Tanzania nickel sulphide project.

  • Acting for an Australian commodities facility operator in a claim for unpaid services and fees. ACICA Rules, seated in Brisbane.

  • Acting for a mining company in a dispute relating to equipment hire at the Millennium Mine. ACICA Expedited Arbitration Rules, seated in Brisbane.

  • Acted for an engineering contractor and its Italian parent company in relation to a series of arbitrations in respect of a gas pipeline. UNCITRAL rules, seated in Singapore.

  • Key Partner contacts: Cameron Belyea, David Benson, Scott Sharry, Tobin Meagher, Jessica Wacker

  • Acting for Papua New Guinea Government owned corporation in relation to a dispute concerning the fitness for purpose of roads and other structures at an international shipping container terminal, located in PNG. Resolution Institute Rules, seated in Brisbane.

  • Acting for Siemens in the Federal Court of Australia in connection with the enforcement of two arbitral awards totaling A$57 million concerning a design and construction project in Qatar.

  • Acting for an international contractor in respect of alleged design defects and project delay, disruption and escalation claims on a complex viaduct project, and related disputes under joint venture arrangements, in ICC arbitration (seated in Singapore) and associated NSW Supreme Court proceedings.

  • Acting for an Australian port in an arbitration relating to handling and infrastructure charges payable to our client.

  • Acting for the owner on a zinc refinery, involving disputes about the design and construction of metals processing infrastructure as part of a major expansion project. Resolution Institute Arbitration Rules, seated in Brisbane.

  • Acting for contractor in disputes arising from road project, including claims under the subcontract and Australian Consumer Law, and in conventional estoppel. Made successful stay application under the Commercial Arbitration Act 2013 (Qld) (upheld by the Queensland Court of Appeal). Resolution Institute Arbitration Rules, seated in Brisbane.

  • Acting for local council in a dispute concerning the operation, maintenance and repair of marine transport vessels and the terminal facilities that serve them. Ad hoc arbitration, seated in Brisbane.

  • Acting for the State of Qld in arbitration proceedings in respect of the construction of a school hall. Resolution Institute Rules, seated in Brisbane.

  • Key Partner contacts: Frank Bannon, Dale Brackin, Alison Close, Jessica Wacker, Sean Kelly

  • Acting in relation to two confidential gas price review arbitrations in relation to the sale of large quantities of gas in the Western Australian market, seated in Perth.

  • Acting in price reviews for the purpose of setting the toll for accessing various infrastructure.

  • Acting for port terminal owner in multiple year price review arbitrations with coal mining users. Resolution Institute Arbitration Rules, seated in Brisbane.

  • Key Partner contacts: Emily Tranter, David Benson

  • Representing a Commonwealth Department in an ICC arbitration (seated in Melbourne) in respect of negligent delivery of services on nation-wide asset procurement project.

  • Acted for a property developer in an ad hoc arbitration seated in Perth in relation of a dispute arising from the terms of a sublease between the developer and and a sublessee.

  • Acting for an ASX-listed entity in an international arbitration, seated in Sydney, in relation to a dispute with a customer based in Switzerland, and related enforcement proceedings in Switzerland.

  • Acting for an ASX-listed entity in relation to a significant lease dispute in an ACICA Rules arbitration, seated in South Australia.

  • Key Partner contacts: Tobin Meagher, David Benson

  • Acting in a A$62m claim relating to representations made under a share sale agreement in which the main assets was a herd of high-quality livestock whose genetic quality was alleged to be mispresented. UNCITRAL Rules, seated in Perth.

  • Key Partner contacts: David Benson

  • Acting for an Australian private investment management company in an international arbitration relating to alleged copyright infringement of designs for a AU$1 billion building construction project, under the Swiss Rules of International Arbitration seated in Geneva.

  • Key Partner contacts: Timothy Webb

  • Members of our team have acted as counsel in investment treaty proceedings conducted under the ICSID Rules in respect if energy and shipping projects.

  • We provide investment treaty protection advice including advising on structuring investments into foreign jurisdictions to obtain investment treaty protection.

  • Key Partner contacts: Sean Kelly

  • Achieved enforcement of an award by the London Court of International Arbitration in Federal Court of Australia.

  • Achieved enforcement of an award made under the UNCITRAL Rules following the commencement of enforcement proceedings in the Supreme Court of WA.

  • Key Partner contacts: David Benson

Clayton Utz Annual International Arbitration Lecture

Resources

Litigation 101: Arbitrations
Doing Business In Australia
Arbitration essentials: Selecting an arbitrator and doing your own research on conflicts of interests
Dispute resolution escalation clauses – be clear when drafting escalations, particularly when all roads lead to arbitration
Arbitration v litigation: what forum to choose, when
Key issues to consider when negotiating EPC contracts for wind farm projects

Our team to support you

Insights
Star Hydro powers path for enforcement of arbitral awards in cross-border energy project disputes
20 Jan 2026 | Article
Read Insights
Global Arbitration Review - the law and practice of International Arbitration in Australia
10 Jun 2025 | Document
Read Insights
Arbitration essentials: Selecting an arbitrator and doing your own research on conflicts of interests
11 Jul 2024 | Article
Read Insights
Updated Hong Kong International Arbitration Centre Rules – continued refinement of efficiency and good practice
21 May 2024 | Article
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Arbitration v litigation: what forum to choose, when
2 May 2024 | Article
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Subpoenas in support of arbitration – when can Australian courts assist with third party evidence gathering including foreign-seated arbitrations?
16 Feb 2024 | Article
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Conducting mining operations in Africa? Consider the role Mauritius may play in business formation and dispute resolution
16 Feb 2024 | Article
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Dispute resolution escalation clauses – be clear when drafting escalations, particularly when all roads lead to arbitration
24 Jan 2024 | Article
Read Insights
Litigation 101: Arbitrations
8 Mar 2023 | Article
Read Insights
Extract from The Asia Pacific Arbitration Review 2022
12 Jul 2021 |
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New year, new rules: International arbitration rules updated to reflect new challenges
4 Feb 2021 | Article
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Path cleared for ICSID Award enforcement by investors in Australia
28 May 2020 | Article
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