“Brad is good and responsive.” “[He] is an impressive solicitor.”
(Chambers 2024)
“He is a very good lawyer and very commercial”.
(Chambers 2019)
Biography
Brad Strahorn is a partner in White & Case’s Global Commercial Litigation Practice based in Sydney.
Brad advises investors, asset owners, boards and governments on strategically significant disputes affecting major investments, enterprises and infrastructure assets. He is regularly engaged on disputes involving contested ownership and governance arrangements, distressed or underperforming investments, and matters material to the future of major enterprises and infrastructure assets.
His practice includes shareholder, joint venture and consortium disputes, post-acquisition claims, strategic commercial disputes, regulatory investigations, disputes involving sovereign and state-owned counterparties, and major infrastructure, energy and technology investments, including consortium, project delivery and operating asset disputes.
Brad acts across a broad range of dispute resolution processes, including superior and appellate courts, international and domestic arbitrations, expert determinations and investigations. He regularly leads multi-jurisdictional dispute teams and advises on disputes involving parallel proceedings, cross-border enforcement, jurisdictional challenges, foreign state immunity and other issues of private and public international law.
Clients engage Brad not only for his disputes expertise, but also for his judgement in navigating the legal, commercial, governance and stakeholder issues that frequently arise when important investments and assets become contentious.
He acts for investment funds, sponsors, asset owners, multinational corporations and government entities across the Asia-Pacific region and beyond.
Experience
Callide C Power Station: Acted for the administrators of the entities holding a 50% interest in the 800MW Callide Power Station following the catastrophic failure of two generating units. The engagement involved one of the largest public examination processes in Australian corporate history and the management of disputes concerning the operation, ownership, governance and sale of a strategically significant energy asset. The matter culminated in a successful exit from administration with returns to both creditors and shareholders.
Republic of India: Acted for the Republic of India in successful proceedings before the Full Federal Court and High Court of Australia arising from a high-value foreign investment dispute. The matter raised novel issues concerning the enforcement of arbitral awards against foreign states and is regarded as a significant development in Australian public international law, with broader implications for the enforcement of arbitral awards internationally.
G&W: Acted for Rail Operator Genesee & Wyoming in one of Australia’s most significant recent disputes concerning the ownership and control of infrastructure assets, arising from a series of transactions involving the OneRail business. The dispute concerned the operation of pre-emptive rights regimes and raised complex issues of corporate governance, counterfactual analysis and anti-trust/competition law in relation to a strategically important rail infrastructure asset over a number of years.
Suncable: Acted in the high-profile shareholder dispute concerning the ownership, governance and future direction of the multi-billion dollar SunCable project. The dispute raised complex issues concerning shareholder rights, funding obligations, director duties and corporate governance in relation to one of Australia’s most significant renewable energy developments.
GLNG: Acted for the non-operator joint venture participants in the GLNG project in a major dispute concerning the allocation of liabilities and expenses arising from the operation of one of Australia’s largest LNG developments. The proceedings raised complex issues concerning joint venture governance, operator accountability and the allocation of risk between investors in a strategically significant energy asset, including novel questions concerning the liability of non-parties for arbitral awards and foreign judgments arising from disputes conducted by the project operator.
Greensill Bank: Acted as a strategic adviser to the German insolvency administrator of Greensill Bank in connection with claims exceeding €5 billion arising from the collapse of the Greensill group. The matter involved complex issues concerning insurance recoveries, cross-border insolvency and the pursuit of value on behalf of creditors across multiple jurisdictions.
