International Law & Arbitration

Banco barristers are frequently retained by leading international firms to advise and appear in arbitrations seated domestically and internationally convened under ACICA, HKIAC, ICC, LCIA, SIAC or UNCITRAL rules. Many of Banco’s barristers bring extensive international academic and professional experience to this work, in which they are experience in acting for a diversity of parties in disputes of all kinds from banking, cross border joint venture disputes, to major, multi party infrastructure disputes. Floor member Jonathon Redwood is also the Vice President of the Australian Centre for International Arbitration (ACICA), the peak arbitral body in Australia.

In addition to international arbitrations, Banco Chambers’ expertise extends to all aspects of private international law (choice of law, jurisdiction, stay, anti-suit injunctions, enforcement of foreign judgments and disputes involving a foreign governing law).

Select recent examples of members experience in this area include:

  • Justin Gleeson SC is acting as presiding arbitrator in an LCIA arbitration seated in London.

  • Chris Withers, Adam Hochroth, Chris Mitchell and Kate Lindeman are acting for various parties in a number of disputes within the Rinehart family concerning the beneficial ownership of mining tenements and whether proceedings brought in respect of that dispute fell within the scope of an arbitration agreement. Justin Gleeson SC, Jonathon Redwood and Danielle Forrester also appeared in the matter for ACICA when the proceedings were appealed to the High Court.

  • Banco members are acting for various parties in an ACICA arbitration concerning the construction of the $2.5 billion new Royal Adelaide Hospital. The claims are in excess of $800 million. The case concerns defects and complex (global and non-global) delay and disruption claims.

  • Cameron Moore SC and Tim Breakspear are advising and appearing for an East Coast gas purchaser in a gas price arbitration seated in Melbourne.

  • John Sheahan QC and Jonathon Redwood appeared for for Samsung in a large SIAC arbitration heard in Singapore with a claim value of $1.2 billion concerning the construction of an iron ore processing facility in Western Australia and enforcement and set-aside proceedings in the Singapore International Commercial Court and Federal Court of Australia.

  • Tim Breakspear and Sebastian Hartford Davis appeared for an international oil & gas consortium in an international arbitration under the ICC Arbitration Rules, conducted in Singapore over 2 months in 2019, with claims totalling almost $300m.

  • Harriet Lenigas was part of the successful counsel team for a major international coal producer in a London Maritime Arbitration Association (LMAA) arbitration seated in London before a three member tribunal under English law. The arbitration concerned breaches of a long-term coal supply contract. The client was awarded over $80 million USD in damages.

  • Richard McHugh SC, Tim Breakspear, and Grace Keesing appeared for a government entity in a commercial arbitration seated in Sydney involving disputes under a development agreement for an inter-model transport facility.