Dispute Resolution

Clients include both owners and contractors on projects in Australia, Europe, the Middle East, India, Africa, China and Southeast Asia. They value his comprehensive project experience and the strategic edge that it provides when entering into significant “bet-the-company” disputes and arbitrations. Many of Brendan’s matters are settled on terms favourable to his clients, but where settlement through negotiation is not an option, his formidable experience sees his clients well positioned to progress or defend their claim through legal or arbitral proceedings.

Following are examples of Brendan’s experience.

• Advising the manufacturer/supplier of all of the significant components for the AU$11 billion Roy Hill Project in relation to a dispute with another contractor. The parties are now before an eminent arbitral tribunal seated in Singapore. Legal issues include:
  • Resolution of the proper construction of the complex array of interlinked contracts, deeds of novation, memoranda of understanding and related standstill agreements.
  • A novel application in the Federal Court to prevent dissipation of assets before the conclusion of the international arbitration. The application tested the boundaries of the interaction between an arbitral tribunal and the courts.
  • Related proceedings in the courts of the PRC, the result of which put Brendan’s client at a significant strategic advantage.

• Acting for the world’s largest dredging company with respect to a dispute that has arisen with the owner and developer of the Gorgon LNG project. Brendan acted in both the mediation and subsequent UNCITRAL arbitration seated in Perth.
• Acting for the owners of a lithium carbonate processing plant in China in relation to an ICC arbitration in Singapore and a CIETAC arbitration in Beijing. The arbitrations were commenced by the EPCM contractor under two separate contracts and also involved significant counterclaims by the owners.
• Acting for the head contractor JV in relation to two ICC arbitrations seated in Singapore against its major international subcontractors arising from Ichthys LNG Project.
• Acting for the lead contractor in an ICC arbitration seated in Doha arising out of the construction of a US$800 sports stadium in Qatar. We also provided extensive legal, commercial and strategic advice that focused on resolving outstanding claims with the owner.
• Acting for the contractor in ad hoc arbitration in India arising out of a large oil and gas project in the Bay of Bengal. The matters in dispute exceeded US$1 billion. Brendan acted as counsel during the arbitration, which was settled after the conclusion of the Tranche 1 hearing.
• Acting for a Japanese contractor in an ICC arbitration seated in London arising out of a power station project in Saudi Arabia.
• Acting for an American contractor in an UNCITRAL arbitration arising out of a project in Mumbai. The arbitration was seated in Amsterdam.
• Acting for the owners of an oil pipeline and related infrastructure in Sudan in an ICC arbitration against an Argentinian contractor. The seat was London.
• Acting for the government of Lebanon in an ICC arbitration, seated in Paris, against the lead contractor on the redevelopment of Beirut International Airport.
• Acting for the owner of a power station in the Philippines against the lead German contractor in an UNCITRAL arbitration seated in London.