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, SIAC, DIAC, BCDR-AAA and UNCITRAL rules. Her experience is primarily across the construction, 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. Lee also advises on Australian sanctions law.
Lee was previously a Law Clerk to the Honourable Justice Hayne AC KC at the High Court of Australia. She has practised in London, Paris and Australia.
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 published on the CPTPP and has conducted extensive research on the scope and effect of an umbrella clause in international investment agreements.
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 is recognised as an Australian-based Future Leader in Who's Who Legal: Arbitration (2019-2022), 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
Bilateral Investment Treaty advice
Advising on issues arising in relation to a bilateral investment treaty with Australia in respect of a potential expropriation claim.*
Advising Singaporean investors in respect of a proposed investment in other Asian countries to ensure the application of relevant bilateral investment treaty protection.*
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.*
Confidential International Arbitration
Represented an international waste management company in an arbitration against a MENA State arising out of a concession contract.*
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.*
State of Queensland
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.*
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.*
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. Prepared submissions responding to objections to jurisdiction (which was found) and to the nomination of arbitrator (which objections were then withdrawn).*
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.*
Acted for Origin Energy in NSW Supreme Court proceedings defending a claim brought under the Building and Construction Industry Security of Payment Act 1999 (NSW) and seeking a stay of proceedings under the former Commercial Arbitration Act 1984 (NSW).*
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
