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CORRS CHAMBERS WESTGARTH

INTERNATIONAL ARBITRATION

INDEPENDENT, STRATEGIC CLIENT FOCUSED.

WE ADVISE MAJOR ORGANISATIONS ON THE MATTERS MOST IMPORTANT TO THEM, BRIDGING THE GAP BETWEEN BUSINESS ISSUES AND LEGAL PRACTICE.

WE ARE COMMITTED TO DRIVING AUSTRALIA’S COMPETITIVENESS AND ITS ECONOMIC ENGAGEMENT GLOBALLY.

Corrs Chambers Westgarth is Australia’s leading independent law firm, recognised for our innovation, quality advice and client-driven approach. Corrs was voted as the number one law firm in both Australia and the APAC in the 2016 Legal 500 Client Intelligence Report, with the in-house legal community scoring the firm highly across all three of the key performance indicators, including client relationship skills, technical legal ability, and project management. We invest an incredible amount of time and resources into listening to our clients, studying their businesses, understanding the

challenges they face, and helping them see around corners. We go beyond the traditional expectations of a law firm to ensure that we are offering our clients not just first class legal advice, but a partnership and commitment to helping them achieve success – both on a national and global scale.

recognised for outstanding service and results. We do more than advise our clients – we help them adapt to the future. Our values and behaviours: Generous of Spirit; To the Point; Connected; Team Players; Pioneering; Agile and World Class form the foundation of our strong culture.

We are the most globally connected law firm based in Australia. Our pioneering partnering networks in Asia–Pacific and globally, ensure we support our clients everywhere.

Corrs has a strong history spanning more than 175 years but we are firmly focussed on creating opportunities for our clients in the rapidly changing business landscape of today and tomorrow.

We are recognised as a leader in the market for the quality of our advice and commercial outcomes achieved for our clients – we are innovative lawyers. Our people are consistently

In an increasingly globalised, hyperconnected world, we will continue to assist our clients by focusing on their needs.

MAKING A DIFFERENCE TO THE WAY YOU SOLVE INTERNATIONAL DISPUTES.

INTERNATIONAL ARBITRATION AT CORRS International disputes are high risk. They often involve complex legal issues, conflicts of laws, jurisdictional challenges and parallel litigation and arbitration. International commercial arbitration is recognised globally as the preferred means of resolving cross border disputes. It offers confidentiality, neutrality and, most importantly, the benefit of enforcement in over 155 countries through the New York Convention. Corrs’ internationally recognised arbitration team has experience and expertise across a range of industry sectors and geographical locations. Our lawyers have conducted international arbitration proceedings under the rules of most of the world’s leading arbitral institutions, acting as counsel and sitting as arbitrator.

SERVICES International dispute services Our experience enables us to provide insightful, pragmatic and innovative advice. This combines with our international experience to develop strategic and culturally sensitive solutions to multi-jurisdictional disputes. We regularly advise on: • Dispute resolution processes, including arbitration, mediation and transnational litigation • The advantages and disadvantages of ad hoc and institutional arbitration and strategic use of arbitral rules • The appointment of arbitrators • The conduct of litigation in aid of arbitration and foreign court proceedings, including applications for conservatory measures to freeze assets or injunctive relief to stay parallel litigation and enforce arbitration agreements • The enforcement of foreign arbitral awards and foreign judgments

Advice and risk assessment Corrs’ international arbitration team recognises that international disputes are costly and divert our clients from their core business. Managing the risks of global trade starts with an effective and enforceable dispute resolution clause. We provide advice to clients on the effectiveness and appropriateness of their chosen dispute processes before the contract is signed, at any time during the currency of the contract and after a dispute emerges. Each cross border contract will have its own unique features and permutations depending on the nationality of the parties, the governing law and the location of the project. Our team’s collective experience enables us to provide focussed and strategic advice for each transaction, project or dispute.

Project management We provide project management services across jurisdictions, managing multiple legal service providers and consultants. These services include the co-ordination of legal teams across civil, criminal and regulatory matters. Our primary focus is to think and act quickly and strategically when your cross border investment is at risk.

Technology International arbitration can be a 24/7 dispute process. Corrs prides itself on being one of Australia’s most innovative law firms. Our technology helps us to provide a seamless service across multiple jurisdictions and time zones. Our technology is not static. We continue to explore solutions to make dispute resolution more efficient and cost effective for global business. These include project management, planning and budgeting tools focussing on transparency in how we work for you and how we spend your money.

Network Corrs is proudly independent, but with an extensive network with other independent law firms around the world. This gives our team access to prompt, relevant and specialist foreign legal advice. It gives our team the flexibility to source the best international practitioner to work with us for each individual client and matter. We invest in building and maintaining our global network. Many of our international arbitration lawyers have spent time working with our overseas partners through secondment and exchange programs.

EXPERIENCE

Stockholm Chamber of Commerce Corrs acted in an international commercial arbitration under the rules of the Stockholm Chamber of Commerce concerning a plant constructed in the People’s Republic of China, for a world leading engineering, project management and consultancy company. The matter included consideration of enforcement of foreign arbitral awards under the New York Convention.

Singapore International Arbitration Centre Corrs recently acted for an Australian client in an international arbitration seated in Singapore under the rules of the Singapore International Arbitration Centre. The dispute concerned the termination of a contract for the provision of drilling services on performance grounds. Corrs worked with Singaporean and Indonesian lawyers in relation to the arbitration.

ICC Rules Corrs acted for an Australian client in an international arbitration under the ICC Rules. The dispute arose out of the wrongful termination of an exclusive distribution agreement for building materials by an Italian party. The arbitration was seated in Singapore and the agreements were governed by Italian law. Corrs led a team of Australian and Italian lawyers.

Australian Airline Group Corrs acted for a major Australian airline group in a contractual dispute which was resolved by international commercial arbitration. The arbitration was conducted under the arbitration rules of the American Arbitration Association, seated in New York.

Jordanian Principal A member of the Corrs team represented a Jordanian principal in an ICC arbitration conducted under Jordanian law with respect to a US$360 million claim for wrongful termination of a FIDIC form contract and a $400 million counterclaim for damages, loss of profit and defective works.

Australian and US Entities A member of the Corrs team acted for Australian and US entities in relation to the enforcement in Australia of a foreign arbitral award made in Singapore under Singapore International Arbitration Centre Rules. The litigation included complex and new arguments under the public policy exception in the International Arbitration Act.

Multi-national Resource Company A member of the Corrs team acted for a multi-national resource company in a shareholder dispute involving a project in the Philippines. The arbitration was conducted in Singapore under the SIAC Rules and involved parallel litigation in the Philippines (including appeal proceedings). An anti suit injunction was obtained from an arbitral tribunal to restrain civil proceedings outside Singapore.

Multi-million Dollar Contractual Dispute Corrs acted in a multi-million dollar contractual dispute arising from equipment malfunction while drilling a well in New Zealand, gathering expert evidence on metallurgical failure, well design and inspection and repair of drilling equipment. The arbitration was seated in Singapore and conducted under the Singapore International Arbitration Centre Rules.

International Shipping Company Corrs is acting for an international shipping company and its Australian subsidiary in relation to its claims against an international maritime infrastructure company. The dispute concerns the supply of services to develop infrastructure in connection with an LNG project in Western Australia. The arbitration is seated in Western Australia.

Pharmaceutical dispute Acting for an Australian listed pharmaceutical company in two international arbitration proceedings under the Singapore International Arbitration Centre Rules. Issues concern misuse of intellectual property, breach of contract and breach of the Australian Consumer Law. Also involves complex issues of private international law.

MARKET RECOGNITION “KNOWN FOR AN OUTSTANDING CAPABILITY IN HANDLING DISPUTES INCLUDING ARBITRATIONS” Chambers Asia-Pacific Guide

ASIA PACIFIC LEGAL 500 2017 Corrs was ranked Tier 2 in Dispute Resolution with a number of the teams lawyers also mentioned. The practice is known for a ‘deep talent pool of lawyers’ handle disputes in sectors such as energy and natural resources, media and technology, and construction and infrastructure.

CHAMBERS ASIA PACIFIC GUIDE, 2017 “They seem to be well resourced and capable of dealing with dispute resolution issues at every level”

BEST LAWYERS 2018 The majority of the Corrs partnership is recognised in the 2017 Best Lawyers list of Australia’s top lawyers. The firm is recognised in International Arbitration and Alternative Dispute resolution.

GLOBAL ARBITRATION REVIEW - GAR 100 - 9TH EDITION Bronwyn Lincoln is described as one of the ‘names to know’ in international arbitration capabilities of law firms around the world.

DOYLES Bronwyn Lincoln named as one of only two Preeminent Australian Arbitration Lawyers identified by clients and peers in the 2016 listing of leading Australian Arbitration Lawyers.

ANDREW STEPHENSON “BEST LAWYER - INTERNATIONAL ARBITRATION” Best Lawyers Peer Review, 2015-2018

BRONWYN LINCOLN “BAND 1 – AUSTRALIA, DISPUTE RESOLUTION” CHAMBERS ASIA PACIFIC, 2017 Bronwyn is described as a “highly experienced international arbitration specialist” and has acted extensively both as an arbitration counsel and as a panel arbitrator for SIAC.

BRONWYN LINCOLN “INTERNATIONAL ARBITRATION LAWYER OF THE YEAR MELBOURNE” Australia’s Best Lawyers 2017

ROD DANN “BEST LAWYER - ALTERNATIVE DISPUTE RESOLUTION, LITIGATION AND REGULATORY” Best Lawyers Peer Review, 2013-2017.

JAMES WHITTAKER “LEADING LAWYER - DISPUTE RESOLUTION” Chambers Asia Pacific and Global Guides 2006-2015.

KIRSTY SUTHERLAND “BEST LAWYER - ALTERNATIVE DISPUTE RESOLUTION AND CLASS ACTION LITIGATION ”Best Lawyers Peer Review, 2010-2018.

CHRIS RYDER “LAWYER OF THE YEAR - ALTERNATIVE DISPUTE RESOLUTION - PERTH ”Best Lawyers Peer Review, 2018.

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