Privity in Arbitration: Issues for Energy, Resources & Technology Projects

Overview

Presented by Young ITA

Co-Sponsored by Corrs Chambers Westgarth

Join us for a deep dive into privity of interest in arbitration. This event brings together experienced arbitration practitioners from Australia and New Zealand, and will discuss recent developments in each country, focusing on the implications for energy, resources and technology projects. In addition to exploring jurisdictional nuances, the commercial implications for third parties with economic interests in arbitration, as well as those transacting in such projects, will be considered.

This in-person event will also feature light refreshments after the panel discussion, offering participants an opportunity to connect with peers.

Time: 10:00am – 12:00pm AEDT
Venue: Corrs Chambers Westgarth, Melbourne

#YoungITATalks is a series of local events presented around the world, featuring talks, workshops or interviews that cover a wide range of subjects relating to arbitration. The #YoungITATalks series is designed for education, conversation and sharing knowledge and experiences among young practitioners.

Thanks to the generosity of our co-sponsor, this event is free.

Schedule and Faculty

10:15 – 10:30 AEDT - Registration

10:30 – 10:40 AEDT - Introduction to the event and panelists

10:40 - 11:40 AEDT - Panel Discussion

Moderator: Joshua Wong, Young ITA Oceania Co-Chair (Australia)

11:40 - 11:55 AEDT - Q&A

11:55 - 12:00 AEDT - Closing

12:00 - onwards - Networking refreshments

About the Speakers

Moderator: Joshua Wong, Young ITA Oceania Co-Chair
Joshua Wong is the Young ITA Oceania Co-Chair, and a solicitor specializing in dispute resolution in the infrastructure, energy and natural resources sectors. Joshua has practiced at leading international and Australian law firms, including Corrs Chambers Westgarth, where he worked on ICC and LCIA arbitrations. Joshua was also a judicial clerk at the Supreme Court of Victoria (Commercial Court). Joshua is an Assistant Editor at the Kluwer Arbitration Blog (Australia, New Zealand and Pacific Islands).

Panelist: Mark Dempsey SC, Independent Arbitrator, Maxwell 42
Mark Dempsey SC practices as arbitrator, mediator and expert determiner in commercial and construction disputes in Australia and internationally.

He has extensive experience in advising and appearing across a broad range of complex commercial and financial disputes in arbitration and at trial and appellate level. Mark has acted for and against governments, and major power, infrastructure and mining contractors. He has acted for and against banks and financial institutions, and has advised major cultural, sporting and charitable institutions.

Over the last 25 years, Mark has appeared in complex court and international and commercial arbitrations including enforcement actions in the State and Federal Courts.

He sits as party-appointed arbitrator and tribunal chair of disputes including under ICC, ACICA, UNCITRAL and Resolution Institute Rules.

Mark acts as expert to determine commercial and construction disputes and has been appointed privilege referee in connection with SIAC arbitrations.

Panelist: Stewart Webster KC, Barrister, Level Twenty-Seven Chambers
Stewart’s practice is focused on complex commercial disputes in Australian courts and in arbitral proceedings.

He advises and appears for multi-nationals, Australian public companies, external administrators and government entities across the full breadth of matters including large-scale disputes in the energy & resources, building & construction and IT sectors. Stewart maintains an active interest in the application of generative AI to legal practice, including the regulatory, evidentiary, and liability questions.

Stewart is ranked as a leading silk in various legal directories, including Chambers & Partners 2026 and the Legal 500 Asia Pacific Guide 2026 (New Silks – Band 1).

Stewart’s past experience includes work at leading Japanese law firm Nishimura & Asahi in Tokyo.

Panelist: Nicole Smith, Barrister, Mauao Legal Chambers
Nicole is an experienced dispute resolution lawyer. She specialises in disputes with an international element.

She has been advising a wide range of clients on dispute resolution matters for over 20 years. She set up her boutique dispute resolution and arbitration practice in 2006. Prior to that she worked for 9 years in the international arbitration group of Clifford Chance in London and four years in the litigation group at Simpson Grierson.

She has appeared as advocate in numerous arbitration proceedings, both ad hoc and before many of the leading international institutions. Her clients have included commodity exporters, developers, tourism operators, investors, technology entrepreneurs and construction companies based in numerous jurisdictions, including the Middle East, Russia, the Asia-Pacific, Africa, Europe and New Zealand.

Panelist: Jey Nandacumaran, Partner, Corrs Chambers Westgarth
Jey’s expertise is in the resolution of complex projects disputes.

Jey has extensive experience in trial and appellate litigation, commercial arbitration and alternative dispute resolution processes. He has acted for both private and government clients in matters spanning a wide range of industries and sectors. He also has experience providing advice during the life of projects to avoid or minimise the incidence of disputes.

Jey is a senior fellow at the University of Melbourne, where he teaches Construction Dispute Resolution in the Melbourne Law Masters program. He has been a recipient of the Tom Yuncken Young Construction Lawyer Award, recognising him as one of the most outstanding young construction lawyers in Victoria.

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