Commercial Arbitration

Carter Newell Lawyers is an award winning specialist law firm providing legal advice to Australian and international corporate clients.

Led by partners Patrick Mead, David Rodighiero, Andrew Shute and Luke Preston, and special counsel John Grant, the Commercial Arbitration team acts regularly for public and significant private companies in the arbitration of disputes arising in the mining, construction, infrastructure and property industries.

Our experience includes acting in commercial arbitrations in Australia, Europe and Asia, both under the rules of all major institutions including the ICC and in ad hoc proceedings. We have acted also in expedited (fast-track) and documents-only arbitrations where applicable, in accordance with their discrete processes. Our clients include developers, main contractors, principals, sub contractors and construction insurers, along with a broad range of construction professionals including engineers, architects and surveyors.

Our range of services includes:

  • Advice on the arbitration process and other available ADR options
  • Drafting binding and effective arbitration clauses
  • Choice of institution rules and seat of arbitration
  • Application of the International Arbitration Act 1974 (Cth), Australian state Commercial Arbitration Acts and other systems based on the UNCITRAL Model Law
  • Appointment of Arbitrator(s) and scope of dispute
  • Collation of evidence and engagement of expert witnesses
  • Domestic and international enforcement of arbitration awards

The team’s approach to disputes is to pursue a timely, efficient and economic resolution, including having regard to any caps on recoverable costs set by the applicable institution rules. Our thorough understanding of the modern construction, mining and insurance industries, together with our experience in handling large-scale litigation, enables our Commercial Arbitration team to provide comprehensive and specialist advice in this area.