Lee Carroll
Biography
Overview
Lee Carroll is a Partner in the Firm's Global International Arbitration practice. She focuses on domestic and international arbitration and has advised clients in arbitrations conducted under the ICC, ACICA, DIAC, BCDR-AAA and UNCITRAL rules. Her experience is in a variety of sectors including construction, infrastructure, oil & gas, renewable energy and natural resources sectors.
Lee advises both investors and sovereign state parties on investment protection under bilateral and multilateral treaties, including the potential enforcement of bilateral treaties and corporate structuring with a view to optimising investment protection. She is published on the CPTPP and has conducted extensive research on the scope and effect of an umbrella clause in international investment agreements.
Lee also advises on Australian sanctions and anti-money laundering laws. In her sanctions and AML practice, she has experience advising clients in the technology industry such as social media companies and has advised on issues involving cryptocurrency and NFTs.
Lee has practised in London, Paris and Australia, and was previously a Law Clerk to the Honourable Justice Hayne AC KC at the High Court of Australia.
She has held various teaching roles at the Universities of Melbourne and Western Australia and has given training to foreign state officials on investor-state dispute settlement. Lee holds two masters of laws degrees (from the University of Oxford and from Queen Mary University of London, School of International Arbitration). She is co-author of Decoding International Arbitration: Ninety-Nine Propositions (2022).
Lee is recognised as an Australian-based Future Leader in Who’s Who Legal: Arbitration (2019-2023) and Construction (2023), by The Legal 500, as a Recommended Arbitration Lawyer by Doyles Guide (2022), and in Best Lawyers in Australia 2023 in the area of International Arbitration.
Experience
Papua New Guinea
Advised the State of Papua New Guinea in respect of its dealings with a West Australian investor regarding the Pasca A field.
Icththys LNG Project
Acted for INPEX in relation to disputes with its South Korean contractor regarding offshore facilities for the Ichthys LNG project off the coast of Western Australia.
State of Victoria
Advising the State of Victoria in relation to disputes arising out of both the Surburban Rail Loop and Metro Tunnel projects.
SunCable
Acting for SunCable in relation to the highly public shareholder dispute regarding the SunCable Project (development of the world’s largest solar energy infrastructure network from Darwin to Singapore).
Gorgon Project
Acted for a global oil and gas contractor in two A$2 billion international arbitrations (ICC in Singapore and UNCITRAL in Perth) arising out of the construction of an LNG loading jetty in Western Australia. Also acted as junior counsel in successfully defending a preliminary determination.*
Queensland Curtis LNG Project
Acted for Queensland Gas Company Pty Limited (part of BG Group/Shell) in an arbitration under the ICC Rules of Arbitration (A$1.6 billion) arising out of the Queensland Curtis LNG Project, one of Australia’s largest capital infrastructure projects.*
Neptune Technologies and Bioresources Inc
Represented Neptune Technologies and Bioresources Inc, a life sciences company based in Quebec, in respect of arbitrations in Australia and Canada, including advice in respect of the applicable law governing the arbitration in Canada.*
Confidential International Arbitration
Represented an international waste management company in an arbitration against a MENA State arising out of a concession contract.*
Confidential International Arbitration
Represented a Spanish company defending an arbitration under the DIAC Rules of Arbitration concerning the performance of a contract for security systems for an oil field in Iraq.*
AusNet
Acted for AusNet in third party proceedings brought against it in the Supreme Court of Victoria in relation to a flashover incident occurring in a compartment of the Victorian desalination plant.
Origin Energy
Acted for Origin Energy against a German-owned engineering design contractor concerning a gas fired power station in an arbitration under the ACICA Arbitration Rules.*
Bilateral Investment Treaty advice
Advised on issues arising in relation to a bilateral investment treaty with Australia in respect of a potential expropriation claim.*
Advised Singaporean investors in respect of a proposed investment in other Asian countries to ensure the application of relevant bilateral investment treaty protection.*
BW Offshore
Successfully prosecuted Federal Court proceedings for BW Offshore regarding the supply of a floating production storage and offloading facility (FPSO) to an Australian/Japanese joint venture which owns the Basker Manta Gummy oil and gas field in the Bass Strait.*
Adelaide Desalination Plant
Acted for the McConnell Dowell, Lend Lease Joint Venture in relation to contractual disputes with the South Australian government arising out of the A$1.8 billion Adelaide Desalination Plant project and brought before a Dispute Resolution Board.*
*Experience prior to joining White & Case
"What place does an umbrella clause have in the new generation of bilateral investment treaties?" (2023) Volume 40 Issue 2 Journal of International Arbitration
Decoding International Arbitration: Ninety-nine Propositions (Australian Scholarly Publishing, 2022) (co-author with Kanaga Dharmananda SC and Leon Firios)
"Enforcement of Arbitral Awards in South Korea" (2022) 18(2) Asian International Arbitration Journal) 89 (co-author with Richard Garnett and Nolan Lee)
Halsbury's Laws of Australia, Arbitration Chapter (co-author with Kanaga Dharmananda SC and Leon Firios)
"Investor-State Disputes arising from the Pandemic" (2020) 15(4) Construction Law International 18 (with Joshua Paffey)
The Australian chapter of Global Legal Group's International Comparative Legal Guide to: Investor State Arbitration (2019-2021)
The Australian Chapter on Construction Arbitration in the Global Arbitration Review (2016-2020)
The UK Supreme Court to Hear Deepwater Horizon Appeal Seeking Removal of an Arbitrator, Kluwer Arbitration Blog (June 2019) (co-author with Joshua Paffey)
Does the CPTPP achieve the necessary balance between investment protection and regulatory discretion? TDM 5 (2010) (Transnational Dispute Management Special Edition on the CPTPP)
"The Trans-Pacific Partnership", Chapter 30 in The Investment Treaty Arbitration Review published by The Law Review (editor: Barton Legum) (Third Edition, 2018)
"Anti-suit injunctions in Australia in aid of an Arbitration Agreement" (2018) 46 Australian Bar Review 275
"Parallel Proceedings in Investment Arbitration: Moving Forward after Orascom TMT Investments v Algeria" 23 Australian International Law Journal 147
"The Trans-Pacific Partnership: Lessons Learned for ISDS", Chapter 22 in The Investment Treaty Arbitration Review published by The Law Review (editor: Barton Legum) (Second Edition, 2017)
"The Trans-Pacific Partnership", Chapter 15 in The Investment Treaty Arbitration Review published by The Law Review (editor: Barton Legum) (2016)
"Freezing orders can preserve enforcement of international and domestic arbitral awards", May 2016 ReSolution, published by the New Zealand Dispute Resolution Centre
"Interference by a Local Court and a Failure to Enforce: Actionable under a Bilateral Investment Treaty?" in Evolution in Investment Treaty Law and Arbitration (Cambridge University Press, 2011) (co-author with Andrew Stephenson and Jonathon DeBoos)
"Protecting Foreign Investments by using Bilateral Investment Treaties" (2011) 30 Australian Resources and Energy Law Journal 40 (co-author with Andrew Stephenson)
"Ignored No More: Renvoi and International Torts Litigated in Australia" (2005) 1 Journal of Private International Law 35 (co-author with Andrew Lu)
Australian-based Future Leader in Who's Who Legal: Arbitration (2019-2023) and Construction (2023)
Recommended Arbitration Lawyer by Doyles Guide (2022)
Best Lawyers in Australia 2023 in the area of International Arbitration
