Jonathon has more than 25 years’ experience in legal practice across Australian law, English law and New York law. He maintains a broad practice encompassing advice and appearance work in high value commercial disputes and in international arbitration, including in mining and energy, insurance, banking and financial services, and public and private international law. He is regularly retained by leading law firms and large corporate clients to conduct arbitrations seated in London, Singapore, Australia and New York. He is also regularly instructed in court proceedings involving arbitrations, including anti-suit injunctions, arbitrator challenges, interim measures and set-aside/enforcement proceedings.
Jonathon is recognised as a leading silk in international law and arbitral law by Who’s Who Arbitration and Chambers and Partners. Within arbitration, his subject-matter expertise is general commercial, mining and energy, M&A, international sale of goods (CISG), investment treaty disputes, insurance and financial services.
Jonathon also has an emerging practice as an arbitrator and has substantial experience administering arbitrations in his capacity as Vice President of ACICA.
Prior to joining the Bar, Jonathon was a senior associate at Sullivan & Cromwell LLP in New York from 1999 to 2005 specialising in cross-border banking and finance, sovereign debt restructurings and related arbitrations in Latin America.
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Example cases
- Acting for major Wagyu beef producer in Western Australia in large international arbitration under the UNCITRAL Rules, seated in Perth, for claims arising from a major business acquisition.
- Acting for global energy supplier in cross-border international arbitration under the ICC Rules, seated in Perth, relating to termination of information technology contracts.
- Acting for multinational supplier of energy technologies in multi-party arbitrations, seated in Perth, relating to Sunraysia solar project.
- Acting for large Australian resources company in large investment treaty claims, seated in Singapore.
- Rinehart v Hancock Prospecting [2019] HCA 13; 366 ALR 635 (interpreting of arbitration agreements, scope, third parties).
- International Arbitration, SIAC, Singapore, for Samsung for claims of over $1.2 billion (briefed by King & Spalding and Herbert Smith Freehills).
- Represented BHP Billiton in two large ICC arbitrations (ICC Arbitration Nos. 17714 and No. 17772 of 2011) seated in Singapore concerning price review mechanisms in long-term supply contracts (instructed by Herbert Smith Freehills).
- Scelta Marble v Quarella SPA (ICC Arbitration No. 16698 of 2011)(international arbitration concerning alleged breach of distribution agreement, seated in Singapore, governed by the Vienna Convention on International Contracts for the Sale of Goods (CISG), hearing at Chambers of Arbitration (Milan, Italy), instructed by Baker McKenzie.
- TCL Air Conditioner v The Judges of the Federal Court (2013) 251 CLR 533 (constitutional, arbitration).
- Westport Gordian v Insurance Corporation v Gordian Runoff Ltd (2011) 244 CLR 239 (arbitration, standard of reasons for awards).
- Wagners Nouvelle Caledonie v Vale Nouvelle Caledonie [2010] QCA 219 (Relationship between UNCITRAL Arbitration Rules, ICC Rules and UNCITRAL Model Law).
