with Nick Hopkins KC, Jeff Gleeson KC, Tim Owen, and John Rowland KC
Wednesday, 22 November 2023 | 5pm – 6pm AEDT | Online
*** CBI Construction Pty Ltd application for special leave to the High Court will be heard on Friday, 17 November in Canberra.
The hearing and outcome of the application will be discussed by the panel at this event on Wednesday, 22 November. ***
CBI Constructors Pty Ltd v Chevron Australia Pty Ltd: A Cautionary Tale
The presentation and panel discussion will consider how ‘standard’ bifurcation orders in the arbitration between CBI Constructors Pty Ltd v Chevron Australia Pty Ltd (splitting liability and quantum) and the delivery of the interim award on liability led to an assertion that the Tribunal was relevantly functus officio. When the Tribunal held otherwise, the parties found themselves in the WA Supreme Court, which both at first instance and on appeal disagreed with the Tribunal, despite considerations of judicial deference. The procedural and substantive issues will be explored and discussed by a panel of experienced arbitration practitioners which includes senior and junior counsel who assumed conduct of the proceeding before the WA Supreme Court.
A must-attend event, the panel discussion will be focused on the practical learnings resulting from the decisions which provide a cautionary tale for both parties and tribunals.
The event will –
• Enhance procedural knowledge and skills.
• Gain CPD points.
This panel discussion is for all arbitration practitioners.
About presenters:
Nick Hopkins KC
Nick practices in commercial law and has conducted numerous complex commercial trials, arbitrations and appeals. He is an accredited Arbitrator and a Fellow of the Chartered Institute, ACICA and Resolution Institute. He has also acted as Mediator, Expert Determiner and Facilitator. Nick has appeared throughout Australia in both the Federal Court and in State Superior Courts as well as internationally in commercial arbitrations.
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Jeff Gleeson KC
Jeff practises in general commercial law. He specialises in insurance, building and construction matters and sports law. He appears in and acts as an arbitrator in domestic and international arbitrations and is a Grade 1 Accredited Arbitrator. He also acts as a mediator. He appears in trial and appellate courts in all jurisdictions in Australia, particularly in the Supreme Court, Court of Appeal and Federal Court.
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Tim Owen
Tim Owen is a commercial and corporate dispute resolution lawyer who has practiced in Western Australia and Victoria, in a range of litigious matters and international and domestic arbitrations. Those matters primarily involve complex contractual disputes, proceedings under the Competition and Consumer Act, the Corporations Act and claims based in equity. He has considerable experience acting for clients in the oil and gas industry as well as the mining, construction and manufacturing industries.
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John Rowland KC
John has had an extensive commercial litigation practice in London for over 30 years and is regularly recognized in leading directories as an expert in his field. John also sits as an arbitrator on a wide range of disputes under the auspices of various arbitral bodies such as LCIA, SIAC, ICC, ARIAS as well as ad hoc arbitrations.
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