When our clients undertake international transactions, they require advice throughout the various stages of a transaction, including:
- Transaction planning stage: advice on effective mechanisms for risk management and structuring foreign investments;
- Contract drafting stage: ensuring that effective and enforceable dispute resolution provisions are included; and
- Dispute resolution stage: the provision of experienced international arbitration and ADR practitioners adept at ensuring the most effective and cost effective solutions are found if a dispute arises.
By specialising in international trade and international arbitration, our International Arbitration team has developed extensive experience in helping clients successfully navigate their way through the complexities of bilateral investment treaties, free trade agreements and other international instruments.
We work with clients from the very start of their foreign investment, international project or transaction, identifying the risks and opportunities. We develop effective, tailored, risk management strategies to deal with potential problems efficiently and quickly.
If a dispute does arise, we are dedicated to advising clients on how to get the best out of the arbitral or dispute resolution process and navigate potentially complex terrain at both international and national levels, and advise and represent clients from the preliminary stages through to the final resolution or enforcement before national and international courts.
Our International Arbitration team comprises pre-eminent and experienced international arbitration practitioners, recognised as leaders in the field. We have advised and represented clients in major international transactions, projects and disputes throughout the world under many of the international arbitration rules and regimes, and our team includes leading arbitrators and counsel.
As more and more Australian companies become involved in cross-border trade and investment, they discover that international arbitration is an increasingly important part of complex cross-border transactions, and is a crucial tool for managing business relationships from their inception.
Yet many of those businesses have unanswered questions, ranging from "what is international arbitration?" to "how can I be sure my business will be treated fairly if a dispute occurs in a unfamiliar legal environment?".
The annual International Arbitration lecture, presented by Clayton Utz and supported by the University of Sydney, brings together key figures in international arbitration and the Australian business community, to explore the real issues that could affect their international operations, and how international dispute resolution can contribute to their bottom line.
To learn more about the annual International Arbitration lecture, please visit our dedicated International Arbitration Lecture website.
International Arbitration Lecture website
McConnell Dowell: Singapore Main Trunk Gas Pipeline: An arbitration pursuant to Singapore International Arbitration Centre rules, with procedural and substantive law being that of Singapore.
Toyo Engineering Case: Acted for John Holland against Toyo in an arbitration before international panel arbitrators concerning construction of the Mobil Altona refinery. With a $250 million project value, the amount in dispute was $100 million. Conducted in Vancouver, London and Singapore under ICC rules (with substantive and procedural law being that of Singapore), the arbitration led to amendments to the Singapore legislation concerning challenge rights of parties who opt out of the Model Law in Singapore.
Bains Harding - MLNG Dua Liquidated Natural Gas Plant, Bintulu LNG field, Sarawak, Malaysia: Acted for a sub-contractor in dispute with Kellogg (main contractor) over termination of its contract for installation work on the Bintulu LNG field in a major international arbitration conducted under UNCITRAL Rules before a panel of three international arbitrators. (Seat in Kuala Lumpur, with procedure hearings in London.) The amount in dispute was in excess of MR$70 million. Award made in our client's favour plus 100% recovery of costs. Involved working with Malaysian lawyers in proceedings in the High Court of Malaysia and in the prosecution of an international arbitration arising out of the project work.
Southern Highland Gulf Road, Papua New Guinea: Acted for Barclay Mowlem in an ICC arbitration against the Government of PNG concerning a construction of a national road link between the Southern Highlands and the Gulf Provinces, and also in related court proceedings in PNG.
SMEC - West Seti Hydro-electric Project, Nepal: Providing ongoing advice on the most effective way to handle disputes, including consideration of the effectiveness of arbitration in India or England and ICSID. We advised SMEC in its negotiations with His Majesty's Government of Nepal in relation to a proposed 750MW independent power project involving the construction of hydro-electric facilities and associated transmission facilities connecting far west Nepal to the Indian Electricity Grid. The project involved concession, construction and loan agreements. Our team spent considerable time in Nepal in complex and lengthy negotiations with the Government. A detailed knowledge of local laws was developed in conjunction with local lawyers advising the sponsor.
Sandline Appeal: acted for Sandline against the Papua New Guinea (PNG) government in an application for leave to appeal from an international arbitration award, in relation to a contract to provide security forces in relation to the Bouganville crisis. We also successfully obtained a security for costs order against the sovereign state of PNG.
Phillips Petroleum Inc and Sun Petroleum Inc (US companies): acted in an arbitration with Australian Gasfields Limited in relation to a dispute over royalties from gas production in the Gilmore gas field in western Queensland.
Tyco Services -v- Hai Van Thiess: International arbitration between Singaporean and Vietnamese parties arising out of the Indochina Beach Hotel project. The proceedings consisted of 2 separate arbitrations heard together by an Australian Based arbitrator, and our client was based in Singapore. No particular arbitral rules were specified and the arbitration agreement simply called for the proceedings to be conducted in Queensland, Australia in accordance with Queensland law. There were also associated court proceedings in Singapore seeking injunctions to restrain demands upon performance securities.
ING/ANZ Joint Venture: advised on the structure and drafting of the dispute resolution and management regime under the joint venture agreement.
Dublin Light Rail Project: advising on the structure and drafting of the dispute resolution regime including appropriate type international arbitration for a project governed by Irish law.
Australian/American technology company: advised on appropriate dispute regime for a technology licensing agreement where the parties were planning to adopt arbitration in California. Advised on the appropriate arbitration regime.
Engineering company and construction company: We provided advice and drafted papers in relation to the commencement of an ICC arbitration in respect of a dispute concerning the refurbishment of a copper processing facility in Port Kembla. We acted for the consortium of an engineering company and construction company in relation to its dispute with the owner of the facility. The dispute was eventually resolved through a process of third party facilitation undertaken by John Tyrill and subsequently direct negotiation between the parties.
South East Asia Government entity: Acting for South East Asia Government entity in an international arbitration against a Californian energy company in respect of a dispute about a power station in South East Asia.
Hydro-power project: Acted for leading Australian contractor in giving pre-arbitration advice with respect to a hydro-power project in Iran. Involved advising on Iranian contract and arbitration law.
Put-option contracts: Acted for leading American bank in giving advice on dispute resolution regimes under the ICC Rules in respect of various put-option contracts.
New York Stock Exchange Arbitration Rules: Acted for leading American securities house on pre-arbitration advice in respect of the New York Stock Exchange Arbitration Rules and the enforcement of such award in Australasia and Asia.
Diamond mine: Advised an Australian contractor on a potential dispute and international arbitration concerning a diamond mine in the Central African Republic.