About my services
Russell is a grade 1 Arbitrator with over 20 years of experience in a wide variety of domestic and international commercial matters.
In particular, he is recognised for his specialised expertise in construction disputes.
Russell offers parties a “fast-track arbitration” service. This leads to time and cost savings while maintaining high quality standards.
Experience and qualifications
Partner and Head of Arbitration at a national Australian law firm since 2006 (offices in Sydney, Melbourne, Canberra, Newcastle and Brisbane). Practising lawyer since 1998.
Admitted as a lawyer of the High Court of Australia, Supreme Court of New South Wales and Supreme Court of Queensland.
Fellow of Chartered Institute of Arbitrators; Fellow of Resolution Institute, Fellow of Australian Centre for International Commercial Arbitration, Member of Nominations Committee for ICC Australia.
Master of Laws (First Class Hons) (University of Sydney), Bachelor of Laws (Hons) and Bachelor of Arts (University of Queensland), Graduate Diploma in Construction Law (University of Melbourne), Diploma in International Commercial Arbitration (Chartered Institute of Arbitrators), Executive Program on Negotiation (Harvard Law School).
Other ADR Experience
Russell also practises as an expert determiner and mediator. He holds NMAS accreditation.
Russell has handled many construction disputes involving a range of projects including mining infrastructure, roads, rail, solar farms, wind farms, hospitals, water treatment plants, dredging projects, commercial and industrial buildings, residential high rises, ports, airports, processing plants, commercial shopping centres, luxury resorts, oil refineries, multi-dwelling subdivisions and pipelines.
These projects have resulted in a multitude of issues including variations, prolongation, delay, disruption, defects, acceleration, rise and fall, repudiation, termination, breach of warranty, misleading and deceptive conduct, negligence, estoppel, waiver, liquidated damages, penalties, security (bank guarantees and retention), parent-company guarantees, superintendent’s liability, quantum meruit, restitution claims, fraud, and collusion.
Russell’s recent appointments in arbitration matters include:
1. construction dispute in Queensland relating to variations, extension of time and liquidated damages claims (appointed by Resolution Institute);
2. resources dispute in Western Australia (appointed by Australian Centre for International Commercial Arbitration);
3. claim against the defence force of a sovereign nation in relation to a services contract (appointed by President of New Zealand Law Society);
4. restraint of trade dispute in New South Wales involving the sale of a business (appointed by Australian Disputes Centre);
5. shareholders’ dispute relating to the dissolution of a business (appointed by President of Queensland Law Society);
6. dispute between Australian government entity in its capacity as lessor and lessee regarding valuation of lease assets (appointed by President of Queensland Law Society);
7. construction dispute between contractor and subcontractor relating to various variations, extension of time, delay, liquidated damages and defects claims (appointed by President of Queensland Law Society); and
8. dispute between seller and purchaser of shopping centre regarding various defective works including the drainage system (appointed by President of Queensland Law Society).
Russell publishes in numerous international and Australian legal journals and has been the editor of The Arbitrator & Mediator, Australia’s pre-eminent alternative dispute resolution journal, since 2002. He also authored the Alternative Dispute Resolution Chapter for Butterworths Loose Leaf Series on Forms and Precedents.
He has recently published an article in the Australian Construction Law Newsletter on the benefits of fast track arbitration (#182 September / October 2018 ACLN 3).