- an integrated, multidisciplinary team with extensive experience in complex cross-border transactions
- a deep understanding of bilateral investment treaties, free trade agreements and other international investment and trade instruments, so you can have the most effective mechanism for risk management
- internationally recognised arbitrators and dispute resolution practitioners for arbitral and ADR proceedings and successful dispute resolution.
"A definite leader... The firm is recognised for working closely with clients to achieve successful and commercial outcomes in relation to the often significant and complex transactions undertaken both home and globally." Chambers Global 2007
"Clayton Utz has dominated the listing of best lawyers in construction and infrastructure..." Best Lawyers, Australian Financial Review, 7 March 2008
"This Australian firm is renowned for its work as counsel and as arbitrator." Chambers Asia, 2009
Investing abroad can be a lucrative business, but it can be very risky unless you're fully aware of the many complex legal and commercial issues that affect foreign direct investments from the beginning and throughout the life of a venture.
To help you identify some of the key issues in foreign direct investments, we've produced Australia's first Guide to Protecting Foreign Investments, an easy to understand overview of the legal and commercial issues that you should consider when planning your company's foreign investments.
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.
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.
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.
Confidential client: Advised an Australian contractor on a potential dispute and international arbitration concerning a diamond mine in the Central African Republic.
Confidential client: 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.
Confidential Client: acting against a government entity on a dispute regarding a ship lifting facility. This arbitration is being held under Ad-hoc rules in Australia.
Taiwan High Speed Rail Project, Taiwan: Advising the project concessionaire, Taiwan High Speed Rail Corporation (THSRC) on resolution by international arbitration of performance-related disputes with international contractors, concerning provision of rolling stock and systems to the newly constructed 345km high-speed rail link connecting Taipei and Kaohshiung (billed as the world's largest Build-Own-Transfer project of its time, with a total construction cost of approximately US$16 billion).
Melut Basin, Sudan: acted for contractor in dispute with the government in relation to a major oil field development project in Sudan.
Philippine Oil Company: Prepared setting aside proceedings in relation to an UNCITRAL arbitration, where the dispute centred on tariff payments under an energy supply contract between a Philippine government entity and an American energy company. The contract was governed by Philippine law, with the seat of the arbitration in Sydney.
Coal Sales, Israel: Acted in an ICC arbitration (seat in London) against the National Coal Supply Corp of Israel. The disputes concerned price and termination of long-term supply agreements with the Government of Israel, and involved disagreement over fixed price changes in long-term supply agreements and the requirements of good faith under Israeli and English law. Resolved in favour of the client prior to the hearing.
Airport Authority – Terminal Building, Hong Kong: Represented the Hong Kong Airport Authority in arbitration proceedings against the Authority arising out of the construction of the Terminal Building; claims in excess of HK$3b; after almost two years the arbitration proceedings settled.
Ghatsila Copper Complex, India: Provided advice to AusAID in relation to the contractor's responsibilities under the project contract, when the installation and commissioning of the smelter at the Ghatsila Copper Complex using Australian technology encountered serious problems and was stalled indefinitely. Assisted with six contract variations and complex negotiations between the recipient government, contractor and AusAID Indonesia, and advised on contractual issues and dispute avoidance strategies.
Pergau Hydro Electric Scheme: provided advice to the Government of Malaysia on project structuring, contract documentation, and dispute resolution. Project was delivered on a Turnkey design and construct basis and involved earthfill dams, over 30 km of diversion, power, tailrace, water transfer tunnels, an 800 mw underground power station, associated roads and infrastructure. Significant disputes concerning ground conditions risk resolved in favour of the Owner. Advised and acted for a major Australian Bank in co-operation with its specialist insurance broker, in the negotiation, drafting and settling of Political Risk Insurance cover for the Bank's interest, as financier, in the assets and output of a substantial mining project in a sensitive area of PNG, including cover for exposure under hedging facilities. Advised and acted for a major Australian manufacturer in co-operation with an international insurance broker, in the negotiation, drafting and settling of Political Risk Insurance cover for a project to build and operate a hazardous chemical manufacturing plant in an industrial park in Kalimantan, Republic of Indonesia. This project involved a very substantial capital investment and a complex financing structure, as well as local partnership in the Foreign Enterprise.