We were approached by a foreign client in relation to a dispute over the performance of a contract for the supply of Australian coking coal. The contract contained a clause that required any dispute to be dealt with through the means of arbitration.
The field of international commercial arbitration is a developing one in Australia. Practice in the area is relatively rare and often inhabited by a small group of experienced specialists working for large CBD law firms.
Our team was excited by the challenge. We developed a strong case for our client by drawing upon our combined experience in commercial disputes and international transactions. We were greatly assisted by experienced barristers (David Pritchard SC leading Mark Sneddon).
We consulted closely with our client to gain a detailed understanding of its business and legal relationship with the supplier – complex contractual arguments arose in relation to the application of international laws.
We were fortunate to face an eminent panel of three retired judge arbitrators (Daryl Dawson AC KBE QC, Murray Gleeson AC QC and Andrew Rogers QC) over a four day hearing.
The complexity of the case and the calibre of the arbitral tribunal panellists demanded a great deal of care, skill and diligence from our team as a whole. Ultimately, we were rewarded for our efforts with a successful result in the Final Award (exceeding US$10 million).