Andrew Stephenson

Partner. Melbourne.

+61 3 9672 3358 |   |  vCard  |  Andrew Stephenson linkedin profile
Andrew Stephenson

Andrew Stephenson is one of Australia’s leading projects lawyers with a particular focus on matters involving technology, engineering, construction, infrastructure and international arbitration. He advises clients in respect of contractual project risk allocation, dispute management and dispute resolution.

In respect of investors from abroad he provides advice in respect of bi-lateral investment treaty protection for inward investment. Likewise he advises Australian investors in respect of available bi-lateral investment treaty protection when Australians are investing overseas.

Andrew’s practice has a truly global reach, with projects in diverse jurisdictions ranging from all Australian States and Territories to Papua New Guinea, the United Kingdom, Iran, Kuwait, Singapore, China, Malaysia, India and Dubai.

He has successfully run some of Australia’s largest arbitrations and litigation.

Andrew has lectured at many of the country's leading Universities, he is also an active member of a number of industry associations and is the Australian correspondent for the London-based International Construction Law Review.

Andrew Stephenson is one of Australia’s leading projects lawyers with a particular focus on matters involving technology, engineering, construction, infrastructure and international arbitration. He advises clients in respect of contractual project risk allocation, dispute management and dispute resolution.

In respect of investors from abroad he provides advice in respect of bi-lateral investment treaty protection for inward investment. Likewise he advises Australian investors in respect of available bi-lateral investment treaty protection when Australians are investing overseas.

Andrew’s practice has a truly global reach, with projects in diverse jurisdictions ranging from all Australian States and Territories to Papua New Guinea, the United Kingdom, Iran, Kuwait, Singapore, China, Malaysia, India and Dubai.

He has successfully run some of Australia’s largest arbitrations and litigation.

Andrew has lectured at many of the country's leading Universities, he is also an active member of a number of industry associations and is the Australian correspondent for the London-based International Construction Law Review.

“Creative, commercially minded and extremely strategic” Chambers Asia Pacific Guide
Andrew Stephenson

Andrew's Expertise

  • Bilateral Investment Treaty Advised in relation to issues arising in relation to a bilateral investment treaty with Australia in relation to a potential expropriation claim.

    Advised Singaporean investors in respect of proposed investment in other Asian countries to ensure application of relevant bilateral investment treaty.
  • State of Queensland Acted for the State of Queensland in Victorian proceedings related to an attempt to wind-up the concessionaire for the BrisConnect infrastructure project.

    Advised on contract disputes related to Queensland Rail.
  • State of Victoria Advised on strategic issues, contract drafting and for many years post contract issues related to the AUD2.2 billion Melbourne City Link infrastructure project.

    Acted in a domestic arbitration related to claims in excess of AUD100 million concerning the Material Adverse Effect provisions of the Concession Deed for the Melbourne City Link Project.
  • OneLink Advised one of the joint venturers to OneLink on issues related to the ticketing system for Melbourne transport system.
  • Dublin Light Rail Advised on commercial issues and drafted relevant contracts for the Dublin (Ireland) Light Rail Project. Commonwealth of Australia.

    Acted for the Parliament House Construction Authority in relation to the construction the new Parliament House in Canberra.
  • Santos Acting for Santos in respect of Queensland Supreme Court proceedings against Fluor Australia Pty Ltd in respect of new LNG facilities in central Queensland. Amount in dispute is greater than AUD1 billion.
  • Fortescue Mining Group Acted for Fortescue in respect of disputes arising from the upgrade in the rail systems from its mines to Port Hedland, necessary for increasing capacity of its operations from 50 million tonnes per annum to 150 million tonnes.
  • BW Offshore Successfully prosecuted Federal Court proceedings for a Norwegian multinational, relating to the supply of a floating production storage and offtake facility (FPSO) to an Australian/Japanese joint venture which owns the Basker Manta Gummy oil and gas field in the Bass Strait. Resolved after six days of hearing, by an agreement to pay Andrew’s client USD32.5 million, plus a counterclaim in excess of AUD50 million was dismissed by agreement.
  • Origin Energy Acted for this major energy company in relation to an arbitration conducted in accordance with international arbitration practice before J Uff QC (London Bar). Disputes of greater than AUD250 million arose from the construction of a new platform in Bass Strait, a 170 km underwater pipeline, new onshore process plant and associated distribution works. Origin successfully defended the AUD150 million Trade Practices Act claim and established liability for 140 of 155 defect claims. The matter settled after the liability award was handed down.

    Acted in disputes with contractor regarding the Uranquinty Power Station in NSW, which was resolved through arbitration. Arbitrators Mr M Gleeson AC QC (ex-Chief Justice of Australia), Mr M McHugh AC QC (ex-Justice of the High Court of Australia) and Mr R Hunter QC (ex-Justice of the Supreme Court of New South Wales).
  • Anaconda Limited & Glencore Acted for the joint venture owners of the Murrin Murrin in respect of the Stage I arbitration. The claims and counterclaims were in excess of AUD500 million. An entitlement in excess of AUD150 million was established and the denial of another claim valued between AUD50 million and AUD150 million successfully appealed. Claim was remitted to arbitrators for reconsideration.

    Acted for the same joint venture in respect of the Stage II Arbitration conducted before international arbitrators, J Paulsson, P Naughton QC and J Uff QC adopting international arbitration practice. Matter settled after a hearing for AUD170 million.

    Acted for the same joint venture in respect of an ad hoc international arbitration seated in London against insurers related to AUD92 million claim pursuant to an extended liquidated damages policy. It was settled after the hearing for AUD112 million more than the face value of the claim. The underlying dispute related to complex mechanical engineering issues. Acted for the same joint venture resisting injunction proceedings seeking to restrain a call on a AUD45.15 million standby letter of credit. Injunction denied by the Court of Appeal and leave to appeal to the High Court (Australia’s final appellant court) denied.
  • Confidential Client Advised on Singapore Trunk Gas Pipeline arbitration pursuant to Singapore International Arbitration Centre Rules, with procedural and substantive law being that of Singapore, and in related proceedings (with different parties) issued in the Federal Court of Australia and Thai Courts. Total amount of dispute AUD130 million.
  • Electricity generator Acted in confidential arbitration before Mr M Gleeson AC QC (ex Chief Justice of the High Court of Australia) in relation to disputes about restrictions on access to the power distribution network. Case required a detailed understanding of the derivatives, which underpin the electricity market as well as complex electrical engineering issues, relevant to such access.
  • Contractors Acted on the Mobil Altona Refinery FCC upgrade international arbitration under ICC rules in Vancouver. Substantive and procedural law was Singaporean (project value AUD250 million and amount in dispute AUD100 million).

    Acted for contractor in respect of AUD24 million claim and counter claims related to the McArthur River Pipeline.

    Acted for contractor in respect of disputes with turbine supplier regarding the Katherine Power Station (NT).

    Acted for contractor in respect of claim related to the Power Distribution Infrastructure for the Kidstone Gold Mine (Qld).

    While practising in London, acted as junior counsel on claims regarding Lar Dam (Iran) arising from the revolution and subsequent war between Iran and Iraq against the Iranian Government. Arbitration seated in Geneva, Switzerland, substantive law of the contract was Iranian.

    While practising in London, acted for joint venture (with contractors from France, Italy, USA and Korea) against an oil company in respect of an arbitration conducted pursuant to LCIA Rules regarding the new compressor platform pipeline and process plant in the Arabian Gulf.

    Acted for joint venture on disputes with the owner, subcontractor, designer and insurers of the Adelaide Desalination Project.

    Acted on disputed claims related to the New Zealand Parliament House refurbishment.
    Acted on a tender related to Epping Plaza (Vic).

What others say

  • “Best Lawyer - International Arbitration” Best Lawyers Peer Review, 2015-2018
  • “Best Lawyer - Construction/Infrastructure, Alternative Dispute Resolution and Litigation” Best Lawyers Peer Review, 2008-2018
  • “If you have a difficult problem, he is the man. He is one of the best disputes lawyers in the country.” Chambers Asia Pacific Guide, 2017
  • “Leading Lawyer - Construction & Infrastructure” Chambers Asia Pacific Guide, 2011-2017
  • “Has an 'encyclopaedic knowledge of the law'” Asia Pacific Legal 500, 2017
  • “Thinks outside the box. He is at the forefront of leading-edge legal arguments and has decades' worth of experience with complex and large-scale construction disputes. At the same time he brings tactical strength to the table.” Chambers Asia Pacific Guide, 2016
  • “Leading Individual – Construction” Asia Pacific Legal 500, 2016-2017
  • “He is creative, commercially minded and extremely strategic. The more complex the work, the better it is for him!” Chambers Asia Pacific Guide, 2015
  • “Very clever with excellent black letter knowledge” Chambers Asia Pacific Guide, 2014

Andrew's Thinking

Andrew's Leadership

  • Melbourne University Law School Senior Fellow
    Lecturer - Risk allocation for major projects and dispute resolution
  • Monash University Guest Lecturer
  • The International Construction Law Review Australian Correspondent
  • Law Institute of Victoria Member
  • International Bar Association Member
  • International Construction Projects Committee Member
    Former Co-Chair - Project Execution Sub-Committee
  • International Academy of Construction Lawyers Founding Fellow & Board Member
  • Law Council of Australia Construction & Infrastructure Committee
    Transnational Litigation Committee
  • London Court of International Arbitrators Member
  • Australia Centre for International Commercial Arbitration (ACICA) Board member – Practice & Procedure Board
  • Chartered Institute of Arbitrators (Australia) Limited Member
  • Society of Construction Law Member