Arbitration Appointments
Russell Thirgood’s appointments as Arbitrator include:

Appointed as co-arbitrator in a SIAC arbitration involving parties from China and Vietnam in a dispute arising out of a long-term coal supply agreement. Seated in Singapore with Singapore governing law.

Appointed by HKIAC in an arbitration involving parties from Mainland China, Hong Kong and the United States involving a cargo charter flight agreement for weekly flights between European and Asian international airports. Seated in Hong Kong with Hong Kong governing law.

Appointed by SIAC in a dispute between German, Korean and Malaysian parties arising out of contracts for the supply of motor vehicles. Seated in Singapore with Malaysian governing law.

Ad hoc $10 million defects case arising out of the design and construction of a zinc refinery.

Ad hoc arbitration relating to roof defects and liability arising out of a property leasing agreement.

Appointed by the President of the Queensland Law Society to resolve a royalty deed dispute between an Indian commodity trading entity and a mining company. The matter involved the provision of finance from a state-owned bank and is valued at over $100 million.

ICC proceedings seated in Singapore between Malaysian and Indonesian parties. The matter involves the purchase of commodities from the UAE and the application of the principle of force majeure arising out of the global coronavirus pandemic. Seated in Singapore with Indonesian governing law.

ACICA proceedings involving extensions of time, delay and disruption, variation and liquidated damages claims arising out of a zinc-copper project.

Ad hoc international commercial arbitration involving various claims of a combined value of $80 million arising out of a rubber tyre gantry shipping port in Papua New Guinea. The matter involved structural and geotechnical engineering analysis of various pavements. Appointed jointly by the parties. Seated in New Zealand with PNG governing law.

ACICA arbitration in respect to USD$10 million repudiation claim involving iron ore mine and Chinese steel mill concerning an offtake agreement.

Appointed by Commonwealth Treasurer of Australia for an arbitration involving the terms of a sugar contract between approximately 250 growers and the relevant sugar mill. The value of the contract (and arbitration award) is estimated to be $300 million.

Appointed by President of New Zealand Law Society in an arbitration involving a$10 million claim against the defence force of a Pacific Island nation in relation to a catering services contract.

Ad hoc arbitration between local government entity in its capacity as lessor and lessee regarding valuation of lease assets.

Construction ad hoc arbitration in respect to variations, extension of time and liquidated damages claims.

Construction ad hoc arbitration dispute between contractor and subcontractor relating to various variations, extension of time, delay, liquidated damages and defects claims.

Arbitration between seller and purchaser of shopping centre regarding warranties and various defective works including the drainage system.

Restraint of trade dispute involving the sale of a cleaning and facilities management business.

Shareholders’ dispute relating to the dissolution of a global professional services business.

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Arbitration work as Counsel
For over 20 years, Russell Thirgood has acted for clients as counsel in complex and high value commercial matters before international and domestic arbitral tribunals. He has also appeared in superior courts in Australia and internationally including to enforce international arbitral awards.

Russell Thirgood’s work as counsel in arbitral matters includes:

Series of 7 arbitration hearings and related Supreme Court proceedings over a 9-year period relating to $1.8 billion coal terminal.

ICC arbitration acting for drilling company against Dutch dredging company in relation to dredging project.

Enforcing London Court of International Arbitration award for a Singapore based shipping company (including obtaining freezing orders and an anti-suit injunction).

ICC arbitration in Mexico concerning construction of oil refinery and pipeline.

Resisting enforcement of ICC award against a Kolkata based Indian coking coal company.

ICC arbitration seated in Malaysia regarding provision of services to an oil refinery project.

JCAA arbitration concerning oil refinery project in the Middle East.

Strategic advice in relation to Bilaterial Investment Treaty arbitration in relation to $6 billion coal project.

Setting aside arbitral award of the International Cotton Association regarding cotton supply contracts between US and PRC companies.

Advising US oil and gas company in relation to enforcement of arbitration awards arising out of proceedings seated in Houston, Texas in the Supreme Court.

Domestic arbitration in relation to design defects for a government owned water treatment plant.

Domestic arbitration concerning defective work claim relating to a 5-star prestigious resort complex.

Read more
Construction and Commercial Litigation
Russell Thirgood’s work as a commercial litigation lawyer and dispute resolver has included:

Supreme Court litigation in $60 million claim against PRC and Hong Kong based fashion clothing retail group for unpaid consultancy and development fees.

Supreme Court litigation regarding strategic control in respect to the operation of a coal terminal.

Acting in relation to a suite of disputes from a range of contractors in respect to the expansion of a coal terminal. The combined value of these claims was circa $500 million.

Acting for a public hospital in relation to $80 million operation and maintenance contract and various disputes with a Canadian based facilities management contractor which were resolved through adjudication.

Acting for a Council in relation to its design and construction of a cultural centre and multi-million dollar claims arising out of the precinct bridge.

Acting for a balance of plant contractor in relation to the construction of two wind farms with a combined contract value of circa $150 million. Various disputes with a Chinese counterpart in relation to variations were resolved through expert determination.

Acting for a builder in a dispute with a Chinese developer regarding a high-rise development.

Acting for a construction company and its senior officers in respect of Supreme Court proceedings arising out of the development of 480 Queen Street.

Acting in multi-party Supreme Court litigation concerning the design and construction of a rail levee bank.

Acting in relation to a series of cases regarding the operation of the Ashton coal mine.

Acting for US coal mining company in relation to $500 million claim concerning a Bowen Basin coal mine.

Acting in $100 million case in Supreme Court (including Court of Appeal) regarding wrongful termination of contract at Cobar Mine.

Acting for a large home builder in relation to regulatory and licensing issues arising out of construction activities.

Acting for property development group in relation to regulatory issues pertaining to their business activities.

Acting for a health fund in Administrative Appeals Tribunal hearing arising out of decision of national regulator in respect to corporate governance issues.

Acting for prominent building contractor in Royal Commission proceedings in to trade union corruption.

Acting for international time share holiday group in relation to investigation brought by Securities and Investment Commission.

Acting in Federal Court proceedings for Asia Pacific construction group in relation to appealing decisions made by Tax Office.

Acting for local government in construction dispute concerning delay and variation claims for a water treatment plant.

Acting in joint venture dispute between State Owned Chinese and Australian construction companies.

Acting for a capital city airport corporation in expert determination with multi-national oil company concerning the imposition of a fuel levy.

Defending adjudication and litigation proceedings in relation to mining infrastructure including the largest private rail loop.

Acting for an ASX listed mining company in relation to claims arising out of the $500 million construction of a coal mine and coal handling preparation plant.

Acting for tier one contractor in relation to Supreme Court review of Security for Payment legislation claims.

Acting for global travel agency in multi-party action brought by former employees in the Supreme Court.

Acting for a global supplier of mining equipment in relation to the protection of its intellectual property in respect of major mining equipment.

Acting for the Body Corporate of a Resort in Supreme Court proceedings against a prominent developer and glass supplier regarding defects to residential tower.

Acting for crane company in proceedings arising out of a multiple fatality at Twin Towns Resort.

Acting for a Japanese company, in relation to various construction claims in Supreme Court against electrical contractor.

Acting in Supreme Court litigation in relation to defective drilling rigs.

Read more
Expert Determiner
Russell Thirgood’s work as an expert determiner has included:

Contaminated land dispute between government regulator and a Chinese developer.

Easement dispute pertaining to a commercial and residential high-rise building.

Dispute between retail lots and residential lot of 37 storey building located in the CBD.

Shopping centre carpark defects case.

Dissolution of shareholders' agreement and related trust deeds.

Dispute concerning extensions of time claims, variations and latent conditions arising out of the design and construction of a service centre.

Mediator
Russell Thirgood’s work as a mediator has included:

Commercial dispute between buyer and seller of a medical centre.

Workplace dispute between senior officers of a regional based local council.

Commercial dispute regarding the termination of a maintenance contract.

Commercial dispute between Chinese property developer and contractor regarding misleading and deceptive conduct allegations.

Construction dispute between the owner of a shopping centre and shop fitting contractor.

Commercial dispute between ASX listed financier and owner of a shopping centre in relation to the supply and financing of equipment.

Human Rights
Russell has a particular passion for human rights.

Russell has acted, on a pro bono basis, in important international human rights cases in the Indonesian Supreme Court, United States Supreme Court and United Nations. He has undertaken human rights missions for Amnesty International in Australia and internationally.

Russell Thirgood’s appointments as Arbitrator include:

Appointed as co-arbitrator in a SIAC arbitration involving parties from China and Vietnam in a dispute arising out of a long-term coal supply agreement. Seated in Singapore with Singapore governing law.

Appointed by HKIAC in an arbitration involving parties from Mainland China, Hong Kong and the United States involving a cargo charter flight agreement for weekly flights between European and Asian international airports. Seated in Hong Kong with Hong Kong governing law.

Appointed by SIAC in a dispute between German, Korean and Malaysian parties arising out of contracts for the supply of motor vehicles. Seated in Singapore with Malaysian governing law.

Ad hoc $10 million defects case arising out of the design and construction of a zinc refinery.

Ad hoc arbitration relating to roof defects and liability arising out of a property leasing agreement.

Appointed by the President of the Queensland Law Society to resolve a royalty deed dispute between an Indian commodity trading entity and a mining company. The matter involved the provision of finance from a state-owned bank and is valued at over $100 million.

ICC proceedings seated in Singapore between Malaysian and Indonesian parties. The matter involves the purchase of commodities from the UAE and the application of the principle of force majeure arising out of the global coronavirus pandemic. Seated in Singapore with Indonesian governing law.

ACICA proceedings involving extensions of time, delay and disruption, variation and liquidated damages claims arising out of a zinc-copper project.

Ad hoc international commercial arbitration involving various claims of a combined value of $80 million arising out of a rubber tyre gantry shipping port in Papua New Guinea. The matter involved structural and geotechnical engineering analysis of various pavements. Appointed jointly by the parties. Seated in New Zealand with PNG governing law.

ACICA arbitration in respect to USD$10 million repudiation claim involving iron ore mine and Chinese steel mill concerning an offtake agreement.

Appointed by Commonwealth Treasurer of Australia for an arbitration involving the terms of a sugar contract between approximately 250 growers and the relevant sugar mill. The value of the contract (and arbitration award) is estimated to be $300 million.

Appointed by President of New Zealand Law Society in an arbitration involving a$10 million claim against the defence force of a Pacific Island nation in relation to a catering services contract.

Ad hoc arbitration between local government entity in its capacity as lessor and lessee regarding valuation of lease assets.

Construction ad hoc arbitration in respect to variations, extension of time and liquidated damages claims.

Construction ad hoc arbitration dispute between contractor and subcontractor relating to various variations, extension of time, delay, liquidated damages and defects claims.

Arbitration between seller and purchaser of shopping centre regarding warranties and various defective works including the drainage system.

Restraint of trade dispute involving the sale of a cleaning and facilities management business.

Shareholders’ dispute relating to the dissolution of a global professional services business.

Read more
For over 20 years, Russell Thirgood has acted for clients as counsel in complex and high value commercial matters before international and domestic arbitral tribunals. He has also appeared in superior courts in Australia and internationally including to enforce international arbitral awards.

Russell Thirgood’s work as counsel in arbitral matters includes:

Series of 7 arbitration hearings and related Supreme Court proceedings over a 9-year period relating to $1.8 billion coal terminal.

ICC arbitration acting for drilling company against Dutch dredging company in relation to dredging project.

Enforcing London Court of International Arbitration award for a Singapore based shipping company (including obtaining freezing orders and an anti-suit injunction).

ICC arbitration in Mexico concerning construction of oil refinery and pipeline.

Resisting enforcement of ICC award against a Kolkata based Indian coking coal company.

ICC arbitration seated in Malaysia regarding provision of services to an oil refinery project.

JCAA arbitration concerning oil refinery project in the Middle East.

Strategic advice in relation to Bilaterial Investment Treaty arbitration in relation to $6 billion coal project.

Setting aside arbitral award of the International Cotton Association regarding cotton supply contracts between US and PRC companies.

Advising US oil and gas company in relation to enforcement of arbitration awards arising out of proceedings seated in Houston, Texas in the Supreme Court.

Domestic arbitration in relation to design defects for a government owned water treatment plant.

Domestic arbitration concerning defective work claim relating to a 5-star prestigious resort complex.

Read more
Russell Thirgood’s work as a commercial litigation lawyer and dispute resolver has included:

Supreme Court litigation in $60 million claim against PRC and Hong Kong based fashion clothing retail group for unpaid consultancy and development fees.

Supreme Court litigation regarding strategic control in respect to the operation of a coal terminal.

Acting in relation to a suite of disputes from a range of contractors in respect to the expansion of a coal terminal. The combined value of these claims was circa $500 million.

Acting for a public hospital in relation to $80 million operation and maintenance contract and various disputes with a Canadian based facilities management contractor which were resolved through adjudication.

Acting for a Council in relation to its design and construction of a cultural centre and multi-million dollar claims arising out of the precinct bridge.

Acting for a balance of plant contractor in relation to the construction of two wind farms with a combined contract value of circa $150 million. Various disputes with a Chinese counterpart in relation to variations were resolved through expert determination.

Acting for a builder in a dispute with a Chinese developer regarding a high-rise development.

Acting for a construction company and its senior officers in respect of Supreme Court proceedings arising out of the development of 480 Queen Street.

Acting in multi-party Supreme Court litigation concerning the design and construction of a rail levee bank.

Acting in relation to a series of cases regarding the operation of the Ashton coal mine.

Acting for US coal mining company in relation to $500 million claim concerning a Bowen Basin coal mine.

Acting in $100 million case in Supreme Court (including Court of Appeal) regarding wrongful termination of contract at Cobar Mine.

Acting for a large home builder in relation to regulatory and licensing issues arising out of construction activities.

Acting for property development group in relation to regulatory issues pertaining to their business activities.

Acting for a health fund in Administrative Appeals Tribunal hearing arising out of decision of national regulator in respect to corporate governance issues.

Acting for prominent building contractor in Royal Commission proceedings in to trade union corruption.

Acting for international time share holiday group in relation to investigation brought by Securities and Investment Commission.

Acting in Federal Court proceedings for Asia Pacific construction group in relation to appealing decisions made by Tax Office.

Acting for local government in construction dispute concerning delay and variation claims for a water treatment plant.

Acting in joint venture dispute between State Owned Chinese and Australian construction companies.

Acting for a capital city airport corporation in expert determination with multi-national oil company concerning the imposition of a fuel levy.

Defending adjudication and litigation proceedings in relation to mining infrastructure including the largest private rail loop.

Acting for an ASX listed mining company in relation to claims arising out of the $500 million construction of a coal mine and coal handling preparation plant.

Acting for tier one contractor in relation to Supreme Court review of Security for Payment legislation claims.

Acting for global travel agency in multi-party action brought by former employees in the Supreme Court.

Acting for a global supplier of mining equipment in relation to the protection of its intellectual property in respect of major mining equipment.

Acting for the Body Corporate of a Resort in Supreme Court proceedings against a prominent developer and glass supplier regarding defects to residential tower.

Acting for crane company in proceedings arising out of a multiple fatality at Twin Towns Resort.

Acting for a Japanese company, in relation to various construction claims in Supreme Court against electrical contractor.

Acting in Supreme Court litigation in relation to defective drilling rigs.

Read more
Russell Thirgood’s work as an expert determiner has included:

Contaminated land dispute between government regulator and a Chinese developer.

Easement dispute pertaining to a commercial and residential high-rise building.

Dispute between retail lots and residential lot of 37 storey building located in the CBD.

Shopping centre carpark defects case.

Dissolution of shareholders' agreement and related trust deeds.

Dispute concerning extensions of time claims, variations and latent conditions arising out of the design and construction of a service centre.

Russell Thirgood’s work as a mediator has included:

Commercial dispute between buyer and seller of a medical centre.

Workplace dispute between senior officers of a regional based local council.

Commercial dispute regarding the termination of a maintenance contract.

Commercial dispute between Chinese property developer and contractor regarding misleading and deceptive conduct allegations.

Construction dispute between the owner of a shopping centre and shop fitting contractor.

Commercial dispute between ASX listed financier and owner of a shopping centre in relation to the supply and financing of equipment.

Russell has a particular passion for human rights.

Russell has acted, on a pro bono basis, in important international human rights cases in the Indonesian Supreme Court, United States Supreme Court and United Nations. He has undertaken human rights missions for Amnesty International in Australia and internationally.