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Lee Carroll

Special Counsel

CARROL Lee LARGE

Languages

  • French
  • and English

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Lee specialises in international arbitration. She is known for her sharp legal skills which is invaluable in the management of complex arbitrations before world-class jurors. She has experience in arbitrations conducted under the ICC, ACICA, SIAC, DIAC, BCDR-AAA and UNCITRAL rules, advising clients and assisting arbitral tribunals.

Lee regularly advises local and international clients on the drafting of arbitration agreements. Lee has a significant advisory practice including advice in respect of evidence in aid of foreign arbitration, applicable law and the enforcement of awards and foreign judgments. She also advises on the potential enforcement of Bilateral Investment Treaties and corporate structuring with a view to optimising investment protection, and has published on the CPTPP.

Lee was Associate to The Hon. Justice Hayne of the High Court of Australia from 2005 to 2006. She holds a BCL from Oxford University, and also has a Diploma in International Commercial Arbitration from the Chartered Institute of Arbitrators.

Having previously practised at a leading international law firm in London, Lee was seconded to Bredin Prat in Paris in 2017, where she worked in their arbitrage team. She is a Fellow at Melbourne University Law School and a Sessional Lecturer in the JD program.

Key deals

Bilateral Investment Treaty advice

Advised on issues arising in relation to a bilateral investment treaty with Australia in respect of a potential expropriation claim.

Advised Singaporean investors in respect of a proposed investment in other Asian countries to ensure the application of relevant bilateral investment treaty.

Gorgon Project

Acting for a global oil and gas contractor in two AU$2 billion international arbitrations (ICC in Singapore and UNCITRAL in Perth) arising out of the construction of an LNG loading jetty in Western Australia, working closely with counsel from Keating Chambers in London. In respect of one, acted as junior counsel to a member of the Australian bar in successfully defending a preliminary determination.

Queensland Curtis LNG Project

Acted for Queensland Gas Company Pty Limited (part of BG Group/Shell) in an arbitration under the ICC Rules of Arbitration (AU$1.6 billion) arising out of the Queensland Curtis LNG Project, one of Australia’s largest capital infrastructure projects.

Confidential International Arbitration

Advised a Spanish company defending an arbitration under the DIAC Rules of Arbitration concerning the performance of a contract for security systems for an oil field in Iraq. Prepared submissions responding to objections to jurisdiction (which was found) and to the nomination of arbitrator (which objections were then withdrawn).

Confidential International Arbitration

Advised an international waste management company in an arbitration against a MENA State arising out of a concession contract.

Origin Energy

Acted for Origin Energy against a German-owned engineering design contractor concerning a gas fired power station in an arbitration under the ACICA Arbitration Rules, working closely with counsel from 4 Pump Court Chambers in London.

Acted for Origin Energy in NSW Supreme Court proceedings defending a claim brought under the Building and Construction Industry Security of Payment Act 1999 (NSW) and seeking a stay of proceedings under the former Commercial Arbitration Act 1984 (NSW).

Neptune Technologies and Bioresources Inc

Advised Neptune Technologies and Bioresources Inc, a life sciences company based in Quebec, in respect of arbitrations in Australia and Canada, including advice in respect of the applicable law governing the arbitration in Canada.

Adelaide Desalination Plant

Acted for the McConnell Dowell, Lend Lease Joint Venture in relation to contractual disputes with the South Australian government arising out of the AU $1.8 billion Adelaide Desalination Plant project and brought before a Dispute Resolution Board.

State of Queensland

Successfully prosecuted Federal Court proceedings for BW Offshore regarding the supply of a floating production storage and offloading facility (FPSO) to an Australian/Japanese joint venture which owns the Basker Manta Gummy oil and gas field in the Bass Strait.