Learning & events

On demand | Webinar | Writing arbitration awards

with Hon Robert McDougall QC, Lucy Martinez and Russell Thirgood

On demand | Online
"Informative and well-resourced" "Very useful, thank you"

Writing arbitration awards

Offered by a panel of highly experienced arbitrators, this webinar offers insight into:

  • the process leading up to an award;
  • the difference between awards, rulings and procedural orders;
  • anatomy of an award;
  • setting out reasons;
  • award writing checklists and other “best practices” and
  • what NOT to do when writing an award (“worst practices”).

About the speakers

Hon Robert McDougall QC

Robert graduated with Honours in Arts in 1967, and with Honours in Law in 1971. He practised as a solicitor from 1972 to 1974, and commenced practice at the Bar in 1975. He was appointed Queen’s Counsel in 1990 and was appointed a Judge of the Supreme Court of New South Wales in August 2003. He sat principally in the Commercial, Technology and Construction and Arbitration Lists.

Robert retired from the Court in January 2019 and returned to private practice as an Arbitrator, Referee and Mediator, principally in the areas of commercial and construction law. He is a Fellow of the Australian Centre for International Commercial Arbitration and a Fellow of the Resolution Institute. He holds current appointments as sole or presiding arbitrator in domestic and international arbitrations, including arbitrations conducted under the ACICA and ICC Rules, as a referee, and as an expert determiner, in multi-billion or million dollar disputes in Australia and elsewhere.

Robert holds the position of Adjunct Professor, School of Law at the University of Technology, Sydney. He has lectured in equity and commercial law. He has delivered numerous papers on a wide variety of topics, ranging from court architecture and design to expert evidence, at national and international conferences.

Lucy Martinez

Lucy Martinez has extensive experience sitting as arbitrator (sole, co- and presiding) in ACICA, HKIAC, ICC, LCIA, and SIAC disputes, including in expedited proceedings, governed by laws of Australia, England, Hong Kong, India, Singapore, and Thailand; advising and representing private and sovereign clients in international disputes relating to investment treaties and contracts, including in AAA, ICC, ICSID, LCIA, UNCITRAL, and ad hoc arbitrations; reviewing draft dispute resolution clauses in contracts; and advising on various international pro bono projects.

Lucy’s industry experience includes energy (oil, gas, electricity, mining), telecommunications, satellite technology, banking and finance, insurance and reinsurance, trademarks, shipping, sports, supply of goods, gambling, and leisure sectors.

Russell Thirgood

After 23 years as construction and dispute resolution lawyer and senior partner of a national law firm, Russell has established his own independent and impartial practice as a chartered and grade 1 arbitrator. He is appointed by parties and arbitral institutions to arbitrate matters in a range of industries both domestically and internationally.

Russell is the current Chair of The Resolution Institute and is a director of the Australian Centre for International Commercial Arbitration.

This session was moderated by:

Ian McMaster

Ian is both tertiary and trade qualified and has worked primarily in the building and construction Industry, both in Australia and overseas. As such, he brings to dispute resolution his legal knowledge as well as a full understanding of the practical aspects of an often adversarial industry.

While his experience in litigation, arbitration and mediation goes back many years mainly as an advocate, he has also mediated commercial and family estate dissolution matters. Ian has recently begun practicsing as an expert determiner in construction disputes. His pragmatic approach to dispute resolution has proved to be helpful to parties and clients alike.