Terry Mehigan SC

After qualification in New South Wales, Terry worked as an Associate to a Judge of the Federal Court of Australia and spent three years with Blake Dawson in Sydney. Terry then practised in London for 17 years (mainly as a partner with Herbert Smith between 1994 and 2006) as a commercial litigator and advocate with a practice which encompassed international arbitration, professional negligence, banking and other financial institutions, insurance and reinsurance, insolvency, private international law, energy industry disputes and shipping and transport. In 2007, he returned to Australia and joined the NSW Bar. He won the inaugural Christopher Gee QC Prize for Evidence and Advocacy on the May 2007 Bar Practice Course.

PROFESSIONAL APPOINTMENTS/DIRECTORIES:

• Listed as a leading arbitration barrister - Doyle’s Guide, Australian Litigation and Insolvency Rankings (2018)
• Fellow, Australian Centre for International Commercial Arbitration (ACICA)
• Representative of ICC Australia on ICC Commission on Arbitration and ADR
• Member of the Panel of Arbitrators, Singapore International Arbitration Centre (SIAC)
• Member, Australian Maritime and Transport Arbitration Commission (AMTAC) Panel of Arbitrators
• Pool Member, NBNCo’s (Australia’s National Broadband Provider) Pool of Arbitrators for Access Agreement Disputes

RECENT ARBITRATION CASES INCLUDE:

• ACICA arbitration (as sole arbitrator) in relation to a dispute under an agreement for the commercialisation of start-up technology
• ICC arbitration (as counsel) in relation to a dispute between Participants in an iron ore joint venture in the Pilbara, Western Australia
• SIAC arbitration (as counsel) for engineering contractor in dispute over performance of an engineering and procurement contract for a polymetallic mining project in Vietnam
• ICC arbitration (as lead counsel) in relation to a dispute between the vendor and purchaser of participating interests in Indonesian oil and gas PSCs over tax indemnities in the sale and purchase agreement
• Ad hoc arbitration under UNCITRAL rules (as lead counsel) for an Indonesian pipeline operator in dispute with shippers over tariff increases under changed tariff regulations promulgated in Indonesia
• ACICA arbitration (as lead counsel) acting for a Philippines gold mining company in dispute with an Australian engineering company over the failure of a semi autogenous grinding mill
• Arbitrations under UNCITRAL Rules (as party appointed arbitrator) in relation to disputes under iron sale contracts between Singaporean sellers and Chinese purchasers
• SIAC arbitration (as party appointed arbitrator) involving a dispute between Thai and Singaporean shareholders in a joint venture company relating to coal projects in Indonesia
• ICC arbitration in Singapore (as lead counsel) acting for an Indonesian coal bed methane gas (CBM) exploration company in dispute with a Canadian CBM company over a participating interest in an exploration block in East Kalimantan
• SIAC arbitration in Singapore (as lead counsel) acting for a Japanese/Vietnamese joint venture company in dispute with a Japanese contractor over the installation of a floating storage facility offshore Vietnam

ARBITRATION-RELATED LITIGATION INCLUDES:

• Hancock Prospecting Pty Ltd v Rinehart [2017] FCAFC 170 (Full Federal Court) – Arbitration – whether a dispute involving allegations of fraud, undue influence and misconduct by the trustee of a trust holding valuable iron ore assets is a “commercial arbitration” under the Commercial Arbitration Acts - whether the primary judge erred in ordering a trial on the question of whether the arbitration agreement in deeds of release were null and void – whether related companies not party to the arbitration agreements can be referred to arbitration because the claims are “through or under” entities who are parties – circumstances where claims can be stayed on discretionary grounds
• Armada (Singapore) Pte Ltd v Gujarat NRE Coke Ltd [2014] FCA 636  – Arbitration – enforcement of LMAA awards - whether constitution of tribunal in accordance with arbitration agreement – whether arbitration agreement of no effect under s 11(2) of the Carriage of Goods by Sea Act 1991 (Cth) and enforcement contrary to Australian public policy
• Coeclerici Asia Pte Ltd v Gujarat Coke NRE Ltd [2013] FCA 882  – Arbitration – whether award debtors can resist enforcement of LMAA awards on basis not afforded reasonable opportunity to present case to London tribunal – whether refusal of Commercial Court in London to set aside award on irregularity grounds created estoppel in relation to same issue on enforcement – International Arbitration Act 1974 (Cth), ss 2D, 8, 9, 18C and 39
• Westport Insurance Corporation & Ors v Gordian Runoff Limited (2011) 244 CLR 239 (High Court) (2010) 267 ALR 74 (NSW Court of Appeal) Arbitration – judicial review – meaning of “manifest error on the face of the award” and “strong evidence of an error of law” (Commercial Arbitration Act 1984 (NSW) s 38) – awards – adequacy of reasons – treaty reinsurance –Insurance Act 1902 (NSW) s 18B
• Larkden Pty Ltd v Lloyd Energy Systems Pty Ltd (2011) 279 ALR 772 – Arbitration – jurisdiction of arbitrator – arbitrability of intellectual property issues – whether arbitrator called on to exercise powers of Commissioner of Patents or Federal Court of Australia – public interest in subject matter – whether hypothetical issues – Commercial Arbitration Act 2010(NSW), s 16(9), Patents Act 1990 (Cth), ss 15, 32 and 36.

Terry Mehigan SC can be contacted at: terrymehigan@maxwell42.com

Liability limited by a scheme approved under professional standards legislation