EXPERTISE
Justin Gleeson SC is qualified as a Fellow of the Chartered Institute of Arbitrators with a Diploma in International Arbitration. He is also a Fellow of ACICA, a member of the Singapore International Arbitration Centre Panel, the Hong Kong International Arbitration Panel, and a member of the pool of arbitrators of the AER under the National Gas Rules. Justin is also an Australian designated member of the ICSID Panel of Arbitrators and Conciliators.
Justin Gleeson SC led the Australian legal team in the landmark 2015 jurisdictional challenge Phillip Morris Asia Ltd v Commonwealth of Australia involving abuse of the right of Investor-State arbitration.
Justin Gleeson has appeared in significant Australian domestic court proceedings concerning the International Arbitration Act 1974 (Cth) including the landmark 2013 High Court decision in TCL Air Conditioner (Zhongshan) Co Ltd v The Judges of the Federal Court of Australia.
Justin Gleeson SC is available to appear as counsel or arbitrator in international matters and as arbitrator in domestic matters. He is also available for roles as expert determiner or assessor.
SELECT RECENT ARBITRATIONS
International arbitration
2022-23: Presiding arbitrator, ICC arbitration (Hong Kong).
2022-24: Co-arbitrator, SIAC arbitration (Singapore).
2022-24 Co-arbitrator, ICC arbitration (London).
2021-23: Co-arbitrator, UNCITRAL arbitration.
2020: Sole arbitrator in foreign state arbitration.
2020: Presiding arbitrator in LCIA arbitration (London).
2020: Party appointed arbitrator in energy arbitration.
2017-2020: Retained as counsel in various Investor-State Disputes for States and private investors.
2017: Expert assessor in funding dispute over Investor-State Dispute Settlement case.
2012-2015: Counsel in Phillip Morris Asia Limited v Commonwealth of Australia, Arbitration under the Hong Kong-Australia Business Investment Treaty: Tobacco Plain Packaging Legislation (PCA 2012-12).
Inter-State arbitration
2015: Timor-Leste v Australia Arbitration under the Timor Sea Treaty (PCA case 2015-42).
2013: Timor Leste v Australia, Arbitration under the Timor Sea Treaty (PCA case 2013-16).
Inter-State conciliation
2016: Timor-Leste v Australia, Compulsory conciliation under the United Nations Convention on the Law of the Sea (PCA case 2016-10).
Arbitration-related Court proceedings
2020-23: Counsel for foreign states resisting enforcement of arbitral award in Australia.
2018: Rinehart v Hancock (Submission for ACICA as amicus in High Court appeal)
2013: TCL Air Conditioner (Zhongshan) Co Ltd v The Judges of the Federal Court of Australia (2013) 252 CLR 168.
Domestic Australian arbitration
2024: Sole Arbitrator, ACICA arbitration, renewable energy dispute.
2023: Member of pool of arbitrators of Australian Energy Regulator under Part 23 of the National Gas Rules.
2023: Expert Determiner, renewable energy dispute.
2022-23: Sole Arbitrator, Resolution Institute arbitration.
2022-23: Expert Determiner, various insurance coverage disputes.
2022: Sole Arbitrator, Ad hoc commercial arbitration.
2018-2021: Arbitrator appointed by Australian Energy Regulator in various disputes under Part 23 of National Gas Rules.
2017-2021: Counsel in various private commercial arbitration and dispute settlement processes.
2017: Chair of a Panel to enquire into and report on certain matters of importance for a major public institution in Australia.
RECENT PUBLIC ADDRESSES ON ARBITRATION
2017
November 2017: Address to Singapore International Arbitration Academy, "Dissection of a case: Phillip Morris Asia Ltd v Commonwealth of Australia".
October 2017: IBA Annual Conference Sydney, "Keynote Address to Under 40’s Arbitration Workshop".
July 2017: CIArb Australia lunch Melbourne: “International Arbitration – What can Australia learn from current developments overseas?”
May 2017: Keynote address, Global Pound Alternative Dispute Resolution Conference, Sydney.
2016
August 2016: “Australia’s recent involvement in International Dispute Resolution: Tobacco Plain Packaging and beyond”, address to NSW Supreme Court Annual Judges’ conference.
May 2016: “Australia’s Interests in Investor-State Dispute Settlement under the UNCITRAL framework”, address to the Second Annual UNCITRAL Seminar, Canberra.
2023
2024: Robert Goff Lecture to Hong Kong International Arbitration Centre: “International Arbitration – Can it survive and prosper in the face of incommensurable methods of fact finding?”
2021
March 2021: ACICA ‘Australia as a Centre for Excellence’ (2020 Arbitration Report) - with Jonathon Redwood SC.
2020
November 2020: ACICA Address: ‘Taking Advantage of Technology Dispute Resolution Best Practice’.
October 2020: CIARB address: “Advocacy in the Virtual Environment’.
October 2020: ACICA Arbitrator Round Table Forum: ‘Best Practice in International Arbitration’.
May 2020: ACICA Webinar: ‘Best Practice in Virtual Hearings’.
2019
November 2019: ACICA Arbitrator Round Table Forum: ‘Best Practice in International Arbitration’.
2018
November 2018: Panel discussion on international commercial arbitration at Australian Bar Association Sydney conference.