Australia: Focus on: Dylan McKimmie
Last Updated: 5 October 2010

Dylan McKimmie is a Special Counsel in the Dispute Resolution group based in Melbourne. He has extensive experience in solving international trade and real estate disputes, spanning commercial, insolvency, insurance and criminal litigation. Representing clients from Europe and the Middle East to Asia Pacific, Dylan focuses on litigation in the Supreme and Federal Courts as well as international arbitrations.

Could you tell us a little about your professional career with Norton Rose Australia?

I joined Norton Rose Australia nearly 5 years ago, and since then I have worked on a range of matters including international trade disputes (including disputes resolved by international arbitration), real estate and commodities disputes and general commercial litigation. I have experienced the full gamut of dispute resolution processes - court litigation, arbitration, mediation, informal settlement conferences and client to client meetings.

Why have you chosen to specialise in International Arbitration (IA)?

It was more a case of International Arbitration choosing me. The cases I was involved in (international trade disputes) are invariably determined by international arbitration.

Can you tell us about a recent IA matter you worked on of particular interest?

I have a merits hearing starting in a few days for a $36 million international trade dispute. The matter has been particularly interesting because early on we commenced a proceeding in the Supreme Court in which we successfully obtained an order restricting the scope of the arbitration. That's not something that happens in every arbitration, and we were assisted by a very peculiar arbitration referral clause.

What do you see as the growth areas in International Arbitration? How is Norton Rose Australia placed to capitalise on them?

International commodities transactions are potentially a rich source of future arbitrations. The complexity and value of the transactions make it likely that there will be some high profile disputes resolved by arbitration in the near future. We are ideally placed to assist its clients given our first rate track record in those transactions and the regional strength of our arbitration practice.

Which global regions do you expect to benefit from the increase in commercial interest in the IA space? How is Australia placed?

The Asia-Pacific region is very likely to play host to many of the international arbitrations in the commodities transaction space. Many of these transactions involve Chinese purchasers and it is logical that many of the arbitrations will be located in the Asia-Pacific region. Norton Rose Australia is well positioned to assist its clients, wherever they are located throughout the region, even when the arbitration is conducted offshore.

How have you furthered your interest in International Arbitration?

This year I completed a subject on International Trade Law for my Masters. My assessment required me to write a 10,000 word paper, large parts of which were devoted to issues associated with international arbitrations and China, a country I have a particular interest in.

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