Jonathon specialises in international arbitration, arbitration-related litigation and complex commercial court litigation (including appeals). His expertise in international arbitrations extends to arbitrations seated in London, Singapore, Hong Kong, Australia and New York under many different rules including LCIA, ICC, SIAC, UNCITRAL, HKIAC and ACICA. He is also regularly instructed in court proceedings involving arbitrations, including anti-suit injunctions, arbitrator challenges, interim measures and set-aside/enforcement proceedings. He is experienced in complex commercial litigation involving banking and finance, civil fraud and insurance. He regularly advises on complex issues of conflicts of law and public international law often involving multiple jurisdictions, including cross-border insolvency issues under the Model Law.
Jonathon is recognised by Who’s Who Arbitration 2025 where he is described as “a leading Asia-Pacific silk for arbitration” whose “meticulous attention to detail ensures that no aspect of a case is overlooked” and as a leading Silk in commercial disputes by Chambers and Partners and Legal 500. Within arbitration, his subject-matter expertise is general commercial, mining and energy, private equity and M&A, private wealth (trusts and estate disputes), AI and information technology, international sale of goods (CISG), investment treaty disputes, insurance and financial services (including crypocurrency and blockchain). Jonathon has particular experience in international arbitrations seated in the Asia-Pacific.
He also has an emerging practice as an arbitrator and has substantial experience administering arbitrations in his capacity as Vice President of ACICA since 2019. He is also a member of LCIA’s User Council (Asia-Pacific).
Jonathon publishes and presents frequently on international arbitration issues and trends.
Jonathon is a member of the English Bar (Lincoln’s Inn), the New South Wales Bar, the Victorian Bar and the New York Bar. He is also admitted to appear before the Singapore International Commercial Court and the Dubai International Financial Court.
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International Arbitration
Jonathon has represented several large corporate clients in significant international arbitrations, including:
- Samsung in a $1 billion ICC arbitration in Singapore against a Spanish contractor arising from the collapse of a huge mining infrastructure project.
- ATCO Canada and ATCO Australia in $100 million ICC arbitrations involving the termination of a long-term information technology contract with a global IT supplier.
- Stone Axe (largest wagyu beef producer in Australia) in a UNCITRAL arbitration relating to a major business acquisition in the Margaret River, Western Australia.
- Wagners in UNCITRAL arbitration involving termination of a long-term concrete supply agreement with Vale International in New Caldonie.
- BHP in large ICC iron ore benchmarking pricing arbitrations (seated in Singapore) against large Japanese customer.
- Schneider Electric in $50 million multi-party solar arbitration arising from grid failure in Sunraysia solar project.
- Vestas in $100 million ICC wind arbitration arising from failure of Bangui Wind Farm in Philippines.
- Appeared for Quarella in Scelta Marble v Quarella SPS (ICC Arbitration Nos. 17714 and 177772), seated in Singapore, heard in Milan and governed by CISG, concerning breach of a global distribution agreement.
- Advised and appeared for Mineralogy in relation to large ICSID claims under a bilateral investment treaty for expropriation of mining interests by the State of Western Australia.
Energy & Resources
He regularly appears in high value international commercial arbitrations, in mining and energy disputes, for large international corporate clients across oil, gas, coal, iron ore, solar and wind and increasingly climate change disputes more generally. For example:
- Acting for Samsung in a $1 billion arbitration in Singapore against a Spanish contractor arising from the collapse of a huge mining infrastructure project.
- Acting for BHP in large ICC iron ore benchmarking pricing arbitrations (seated in Singapore) against large Japanese customer.
- Acting for Schneider Electric in $50 million multi-party solar arbitration arising from grid failure in Sunraysia solar project.
- Acting for Vestas in $100 million ICC wind arbitration arising from failure of Bangui Wind Farm in Philippines.
- Acting for Cherwell Creek in $1 billion highly complex dispute relating to the valuation of coal mine in Queensland.
Court proceedings arising from arbitration
A substantial component of Jonathon’s practice concerns courts proceedings arising out of arbitrations, including many landmark appeals on important questions of arbitral principle. For example:
- Tesseract International Pty Ltd v Pascale Construction Pty Ltd[2024] HCA 24 (High Court of Australia), concerning applicability of proportionate liability regime to arbitrations.
- Rinehart v Hancock Prospecting (2019) 267 CLR 514 (High Court of Australia), concerning proper interpretation of arbitration agreements.
- Westport Gordian v Insurance Corporation (2011) 244 CLR 239 (High Court of Australia), concerning standard of reasons required by arbitrators.
- Samsung in enforcement proceedings in the Federal Court of Australia and the Singapore International Commercial Court concerning a Singapore seated, ICC award.
- Siemens in complex enforcement proceedings in multiple jurisdictions (Australia and UK) arising from ICC awards in London and Dubai seated arbitrations.
- Wagners Nouvelle Caledonie v Vale Nouvelle Caldedonie [2019] QCA 219, relationship between UNICTRAL Arbitration Rules, ICC Rules and UNCITRAL Model Law.
M&A disputes
Jonathon has extensive experience in M&A disputes and disputes arising from shareholders and joint venture agreements. Prior to coming to the Bar, Jonathon drafted several agreements of this kind in structuring and closing large M&A transactions at Sullivan & Cromwell. He has advised in this area extensively and have been involved in several large proceedings, including:
- The landmark Banksia litigation concerning the $1 billion collapse of Banksia and its merger with a regional financial institution during the GFC. The 10-year litigation involved major claims against the directors of Banksia, its auditors and trustee, for negligence in connection with entry into an Amalgamation Agreement.
- Acting for Aurelius (large private equity fund) in major dispute relating to its acquisition of mining business from Orica.
- Acted for Stone Axe (largest wagyu beef producer in Australia) in a UNCITRAL arbitration relating to a major business acquisition in the Margaret River, Western Australia.
- Acting for William Hill Organisation (UK listed gambling company) in proceedings relating to its sale of Australian gambling company.
Banking and financial services (including insurance and insolvency)
Prior to the Bar at Sullivan & Cromwell LLP in New York in its pre-eminent Financial Institutions Group. At the Bar, Jonathon has represented numerous global financial institutions in significant proceedings. For example:
- National Australia Bank in the Royal Commission into Financial Conduct.
- The administrators of Greensill (Grant Thornton) in complex cross-border insolvency and insurance proceedings in Australia and the UK.
- KPMG and McGrath Nicol for several collapses of major debenture-issuers arising from the GFC.
- IOOF in high-profile proceedings in Federal Court of Australia brought by Australian Prudential Authority for alleged breach of duties as superannuation trustee.
- Angas Securities Bank in resisting various insolvency proceedings.
- Canaccord Genuity for alleged breaches of fiduciary duty in large, multi-party disputes arising from mezzanine finance for large property group.
- Bank of Western Australia in allegations of unconscionability in relation to guarantees in large financing facilities.
- Acted for entire insurance industry in landmark proceedings in the New South Wales Court of Appeal concerning defence costs in Chubb v Moore (2013) 302 ALR 101.
- Agrium Australia in complex insurance proceedings arising from the Iraqi Oil-for-Wheat Inquiry.
Civil fraud
Extensive experience dealing with fraud allegations for claimants and defendants in contested court and arbitral proceedings. This experience extends to all kinds of fraud, common law and equitable fraud and primary and secondary liability. For example:
- Acted for the special purpose receivers (KPMG) in the landmark Banksia litigation involving massive fraud by the litigation funder and its lawyers leading to a landmark decision and much publicity. This litigation concerned the proper determination of funding commission under litigation funding agreements.
- Canaccord Genuity in respect of allegation of equitable fraud in connection with mezzanine financing for a large property development group in Supreme Court of New South Wales. The litigation resulted in a major decision by the Court of Appeal on secondary Barnes v Addy liability: Anderson v Canaccord Genuity Financial Ltd (2023) 113 NSWLR 151.
- Stone Axe in claims for fraud by Stone Axe against seller of business in connection with a large business acquisition.
- Acting for William Hill in allegations of fraud against it by buyers of business sold by William Hill.
