Barristers

Justin Hogan-Doran SC

Justin Hogan-Doran SCJustin Hogan-Doran SC
Overview

Justin Hogan-Doran SC FCIArb FACICA is a Senior Counsel of the Australian Bar and an Arbitrator in international and domestic arbitrations, based at 7 Wentworth Selborne Chambers in Sydney, Australia.

He is recognised by his peers as a highly accomplished barrister and arbitrator with expertise in international and cross-border litigation, international commercial arbitration,  investor-state disputes and private & public international law.  He also has an extensive practice acting and advising in admiralty & maritime law matters and disputes concerning ports and infrastructure.

Justin acts for a range of multi-national corporations, leading financial institutions and hedge funds, litigation funders, international shipping and cruise lines and P&I Clubs. He is regularly briefed directly by foreign attorneys at global and specialist law firms, and Asian-Australian law firms with international clientele investing and doing business in Australia and the region.

Justin appears as counsel for and against sovereign States concerning claims before Australian courts and international arbitral tribunals.  He also acts for the Commonwealth of Australia in admiralty and complex commercial matters.

He sits as an arbitrator in international and domestic arbitrations including under UNCITRAL, ICC, ACICA, SIAC and other regional and international rules.  He is also appointed as an expert determiner

Justin is recognised as a leading advocate and strategist in the international enforcement actions including arbitral awards arising from investor-state, maritime, commodity and trade disputes on behalf of funders and investors.

In the past three years, he has been briefed to act for every international investor in the Australian Courts seeking to recover over US$6 billion of awards arising under the ICSID Convention and ICC and UNCITRAL Rules. He has also advised and acted for sovereign States on immunity claims before Australian courts, before trial and appellate courts.  In November 2022, Justin appeared for international investors against the Kingdom of Spain in the High Court of Australia and the Full Court of the Federal Court, sharing the advocacy with Bret Walker SC.  This seminal judgment is due out shortly.

Justin has been recognised in Shipping in Chambers & Partners: Global and Asia-Pacific Guide – The Bar; Doyle’s Guide Australia in the areas of Transport, Arbitration and Construction & Infrastructure; and in Best Lawyers in Australia in Shipping & Maritime and Alternative Dispute Resolution, including as ‘Lawyer of the Year’ in Shipping and Maritime in 2019.

Justin is a speaker and panel presenter at Australian and international conferences, including to the IBA Maritime Committee of the IBA at the 2022 Miami IBA Annual Conference, speaking on class action and Covid litigation in the international cruise industry. In early May 2023, he spoke in Singapore to arbitral bodies on effective international arbitration and the global enforcement of awards.

Justin’s background as a Legal Officer for the United Nations, a Management Consultant with the Boston Consulting Group and as a Banking and Finance lawyer with King & Wood Mallesons gives him a rare breadth of international legal experience and commercial acumen.

Justin is also a Fellow of the Chartered Institute of Arbitrators and of the Australian Centre for International Commercial Arbitration.

Select Recent and Ongoing Cases

  • Petersen Energia Inversora, SAU & Ors v Republic of Argentina (2024) – foreign state immunity – counsel for investors on recognition and enforcement in Australia of USD18 billion judgments (SCNSW, ongoing) (instructed by US, UK and local firms)
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  • Republic of India v CCDM Holdings LLC  & Ords (2024, Full Federal Court, reserved); CCDM Holdings LLC v Republic of India [2023] FCA 1400  – counsel for US hedge funds investors in appeal proceedings against orders in their favour for recognition and enforcement under 1958 New York Convention of US$400m+ investor-State arbitral award against India in connection with broadband satellite services (instructed by Singapore and US/UK-based firms)
  • Kingdom of Spain v Infrastructure Services Luxembourg S.à.r.l. [2023] HCA 11 (judgment pending); [2021] FCAFC 3 and [2021] FCAFC 112 – counsel for international investors enforcing an award under the Energy Charter Treaty and the ICSID Convention (instructed by US, UK and local firms)
  • Carmichael Rail Network Pty Ltd v BBC Chartering Carriers GmbH & Co KG [2024] HCA 4 – international arbitration – stay application – counsel for respondent in appeal to High Court of Australia from stay orders
  • Karpik v Carnival plc (2024, ongoing FCA class action) – counsel for cruise line in mediation of $80m class action claim relating to a COVID affected cruise
  • NSW Port Authority ats Metro Environmental Logistics Pty Ltd  (SCNSW, ongoing) – counsel port authority resisting $300m claim of unconscionable behaviour by in relation to development of port infrastructure in Sydney
  • Scenic Tours v Moore [2023] NSWCA 74; Moore v Scenic Tours Pty Ltd (No.4)  [2022] NSWSC 270 – litigation funded consumer class action, international cruising, counsel for class in respect of climate change induced cruise disruptions
  • Lian Fa International v Sharetea Australia Pty Ltd – international contact and trademark     claims by Taiwanese company against Australian master franchisee (FCA,     ongoing)
  • As party-appointed arbitrator within a     panel hearing a dispute in relation to commodity contracts between     Australian and foreign parties (ongoing, ad hoc arbitration)
  • As party-appointed expert determiner of a construction dispute between a major construction firm and a regional government body.
  • As counsel in an arbitration between COSCO and ANL shipping lines in connection with loss of containers off coast of East Australia (ongoing, under UNCITRAL Rules)
  • As counsel for the owners in an international arbitration in Sydney concerning faulty design of a commercial fishing vessel (ongoing, under the ACICA Rules)
  • Major advice to P&I Club on A$400m+ COVID-related claim against international cruise operators
  • Major advice to P&I Club on total loss of the ship, cargo and crew of a livestock carrier in the East China Sea, involving claims under Australian, New Zealand and Philippines law

For a more comprehensive list of cases and other work, please download Justin’s CV below.

Best Lawyers Award Badge

Recent Cases
  • Kingdom of Spain v Infrastructure Services Luxembourg S.à.r.l. [2023] HCA (judgment pending); [2021] FCAFC 3 and [2021] FCAFC 112
  • Moore v Scenic Tours Pty Ltd (No.4) [2023] NSWCA (judgment pending); [2022] NSWSC 270
  • CC Devas & Ors v Republic of India (Federal Court of Australia, ongoing)
  • Lian Fa International v Sharetea Australia Pty Ltd (FCA, ongoing)
  • NSW Port Authority ats MEL (SCNSW, ongoing)

Perspective

Admissions and Appointments
  • Appointed Senior Counsel: 2020
  • Admitted to the Bar: 2003
  • Member, Chartered Institute of Arbitrators
Qualifications
  • M.Phil (Dist) (Oxon): 2000
  • BCL (Hons) (Oxon): 1999
  • Bachelor of Laws (1st Class Hons) (Syd): 1996
  • Bachelor of Economics (Syd): 1994
  • Other qualifications:

    Grad. Dip. Military Law (ANU): 2005

    Diploma of International Arbitration, (Chartered Institute of Arbitrators): 2009
Practice Areas
Appellate
Arbitration
Banking & Financial Services
Bankruptcy & Insolvency
Building & Construction
Commercial Law
Competition & Consumer Law
Conflict of Laws
Corporations Law
Equity & Trusts
Insurance & Re-Insurance
Property
Trade & Transport
Wills & Estates