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Mitchell Dearness

Mitchell Dearness

Associate

Mitch specialises in cross-border disputes in the infrastructure, energy and mining sectors.

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Experience

Mitch specialises in infrastructure, energy and mining sector disputes. He has advised on disputes involving the laws of many different Asian jurisdictions including Singapore, the Philippines, the PRC, Hong Kong, South Korea, Nepal, Brunei and Myanmar.

Mitch has acted for clients in arbitration proceedings conducted under all major institutional rules as well as in pure ad hoc and investment treaty cases. These disputes have involved complex and extremely high-value claims made under production sharing contracts, offtake, concession agreements, and a large range of construction contracts (both bespoke and standard form) covering design and build, turnkey, EPCIC and EPCM arrangements.

Mitch's practice also involves a significant advisory component. He works closely with colleagues in front-end transactional teams on dispute avoidance and risk mitigation strategies particularly in connection with transactions involving emerging economies, states and SOEs. 

Mitch's experience includes advising:

  • a company in a dispute with a PRC contractor concerning the construction of a major energy project in Asia
  • a project company in SIAC arbitration proceedings against a consortium of companies concerning the construction of a major project in Vietnam
  • a PRC incorporated subsidiary of a large multinational in a SIAC arbitration under PRC law concerning the construction of a gas pipeline and off-take commitments
  • a South Korean company in an ICC arbitration under South Korean law concerning pricing and supply obligations under a distribution agreement
  • a leading international resources company in a dispute concerning the supply of metallurgical coal under a long-term supply agreement
  • the Board of a leading international resources company in relation to crisis management issues arising from operational and mine failures resulting in the loss of significant mine capacity

 

 

Background

Mitch is admitted to practice in Australia (New South Wales). 

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