Overview

Russell Thirgood is an independent international arbitrator based in Brisbane and London. Russell is a member of Int Arb Arbitrators & Mediators, after spending over 20 years at McCullough Robertson, Brisbane where he was partner and head of arbitration. 

As arbitrator, he takes a modern, robust and dynamic approach throughout the arbitration process. He is responsive to the needs of parties and their counsel to ensure the proceedings are conducted swiftly, effectively and efficiently. He is considered, collaborative and concise.   

Russell is the current Chair of The Resolution Institute (the pre-eminent dispute resolution organisation in Australia and New Zealand) and is a director of the Australian Centre for International Commercial Arbitration.

He is a Fellow of the Chartered Institute of Arbitrators.

Experience

Russell is experienced in resolving complex and high value construction and infrastructure, energy and natural resources, and commercial disputes. He has conducted cases throughout Australia, Asia, US, UK, Middle-East and Europe under some of the key international and domestic arbitral institutional rules.   

His expertise lies within construction & infrastructure disputes typically arising from delay, disruption, prolongation, acceleration, global or total cost claims, liquidated damages, the doctrine of penalties, extension of time, scope changes, force majeure, frustration, repudiation, termination, waiver, estoppel, quantum merit, and defects as well as disputes arising from substantial energy and natural resource projects.

Practice Areas

• Construction & Infrastructure
• Energy & Natural Resources
• Commercial

Recent Appointments

As Arbitrator

• Sole arbitrator in USD$10 million repudiation claim involving iron ore mine and Chinese steel mill concerning an offtake agreement (appointed by ACICA).  Award dated April 2020.
• Sole arbitrator appointed in a dispute involving the terms of a sugar contract between approximately 250 growers and the relevant sugar mill.  The value of the contract (and arbitration award) is estimated to be $300 million.  Award delivered in February 2020.
• Sole arbitrator in $10 million claim against the defence force of a Pacific Island nation in relation to a catering services contract. Three awards delivered.
• Sole arbitrator in $2 million dispute between government entity in its capacity as lessor and lessee regarding valuation of lease assets.
• Sole arbitrator in $5 million construction dispute relating to variations, extension of time and liquidated damages claims.
• Sole arbitrator in $3 million construction dispute between contractor and subcontractor relating to various variations, extension of time, delay, liquidated damages and defects claims.
• Sole arbitrator in $1 million dispute between seller and purchaser of shopping centre regarding warranties and various defective works including the drainage system.
• Sole arbitrator in restraint of trade dispute involving the sale of a cleaning and facilities management business.
• Sole arbitrator in shareholders’ dispute relating to the dissolution of a global professional services business.

As Mediator

• Workplace dispute between senior officers of a regional based local council.
• Commercial dispute regarding the termination of a maintenance contract.
• Commercial dispute between Chinese property developer and contractor regarding misleading and deceptive conduct allegations.
• Construction dispute between the owner of a shopping centre and shop fitting contractor.
• Commercial dispute between ASX listed financier and owner of a shopping centre in relation to the supply and financing of equipment.

Membership details

• Fellow of Australian Centre for International Commercial Arbitration (ACICA)
• Member of Nominations Committee for ICC (International Chamber of Commerce) Australia (2018-2020)
• Australian Disputes Centre (ADC)
• Dubai International Arbitration Centre (DIAC)
• Hong Kong International Arbitration Centre (HKIAC) List of Arbitrators
• New Zealand Dispute Resolution Centre (NZDRC)
• New Zealand International Arbitration Centre (NZIAC)
• Building Disputes Tribunal, New Zealand
• Queensland Law Society, Australia
• Resolution Institute, Australia
• Roster of International Arbitrators, Juris
• Thai Arbitration Institute List of Arbitrators
• Fellow of Chartered Institute of Arbitrators (UK)
• Fellow of Resolution Institute (previously named Institute of Arbitrators and Mediators Australia)
• Member, Panel of Editorial Consultants, Australasian Dispute Resolution Journal
• General Editor, The Arbitrator and Mediator
• Member, Queensland Law Society since 1998
• Member, International Bar Association (International Construction Projects Committee)
• Member, American Bar Association
• Member, Society of Construction Law
• Member, International Trust of Amnesty International (UK)