Monique Carroll

Monique Carroll

In addition to representing clients in complex commercial litigation in Australia, Monique is a cross-border and regulatory disputes specialist and is a Fellow of the Chartered Institute of Arbitrators. Her experience includes working in Australia and China acting as advisor and counsel in international arbitrations, international trade and investment treaty disputes and as international counsel providing strategic oversight for regulatory and government related disputes across jurisdictions.

In 2012 and 2013 Monique worked in the Beijing office of King & Wood Mallesons where she gained a deep understanding of commercial and cultural issues relevant to China related disputes. Whilst in China, Monique represented SOEs, private companies and foreign clients in relation to private equity, emission reduction purchase agreements, joint venture, commodity and ship construction disputes, investment treaty protection and commercial and compliance matters before the Chinese courts.

Monique also has significant experience acting for Australian companies on cross-border risk mitigation including in respect of anti-bribery and corruption and enforcement of contractual rights.

Monique utilizes a variety of methods to resolve disputes: mediation and negotiation; constitutional and administrative challenges to government decisions; litigation and arbitration. She has experience with arbitration conducted under ICSID; the UNCITRAL Rules; London Arbitration Act, WTO Dispute Resolution Rules and GAFTA, and located in Mainland China, Hong Kong, Singapore and London.

Client’s appreciate Monique’s ‘can do’ attitude, attention to detail and practical solutions to complex issues. In 2017, Monique was recognised as a finalist Special Counsel of the Year by the Women in Law Awards.

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Recent Matters

International arbitration

  • Lead counsel for state owned shipyard in dispute concerning ship construction (LMAA, English law)
  • Instructing solicitor for state owned food manufacturer in contract dispute (GAFTA, English law)
  • Counsel assisting appointed arbitrator in SCC arbitration concerning joint venture dispute (Chinese law)
  • Advice regarding disputes concerning emission reduction purchase agreements (ICC arbitration, English law)
  • Advising on disputes concerning international sales of commodities (HKIAC / SIAC and LIAC, English law, Australian law, Singapore law)
  • Advising ‘foreign’ clients on disputes subject to PRC court proceedings or domestic arbitration
  • Private equity dispute involving PRC assets (HKIAC, New York law)

International investment arbitration

  • Team leader for investor-state arbitration involving the Commonwealth of Australia - responsible for advice, preparation of tribunal documents, briefing counsel, engaging and instructing expert witnesses and preparation of evidence (UNCITRAL Arbitration Rules)
  • General advice regarding challenges to Australian laws under investment treaties
  • Advice regarding investment treaty protection and arbitration for China inbound and outbound investors (UNCITRAL / ICSID)

International trade law

  • Advice as to whether Australian laws breach Australia’s World Trade Organisation obligations in respect of the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) and the Technical Barriers to Trade Agreement in the context of investment treaty arbitration and action before the World Trade Organisation
  • Acting for Australian Stock Exchange market participant in respect of market manipulation claims to successfully avoid the commencement of proceedings

Constitutional Law and Administrative Law

  • Advice regarding constitutionality of laws, challenges in the High Court of Australia
  • Rights and obligations under legislative instruments
  • Crown immunity
  • Merits and judicial review of administrative decisions
  • Freedom of information applications to Federal and State agencies, challenges to responses before the Administrative Appeals Tribunal, Ombudsman and Information Commissioner

Corporations Law

  • Acting for a superannuation fund joint venture owner of a shopping centre in Supreme Court of New South Wales proceedings. Issues include knowing assistance for breach of trust, interpretation of the joint venture agreement, bad faith and whether the joint venture agreement effected rights under the Corporations Act 2001 to wind-up managed investment schemes
  • Shareholder agreements and directors’ duties

Equity and trusts

  • Undue influence, unconscionability and estoppel claims
  • Tracing of assets
  • Fiduciary duties

Regulatory disputes

  • Successfully challenging transfer pricing assessments
  • Successfully representing client being investigated by the ASX for market manipulation
  • Representing client in relation to claims of bribery and corruption in various jurisdictions

Location

Legal insights

The High Court of Australia (HCA) , in its decision Rinehart v Hancock Prospecting Pty Ltd confirmed Australian courts’ approach to interpretation of commercial arbitration clauses and when a non...

30 May 2019

A detailed draft guidance on the Modern Slavery Act 2018 (Cth) explaining what is expected of companies in order to comply with the new laws has been released.

02 April 2019

Earlier this year, the Federal Government had introduced the Modern Slavery Bill 2018 (Cth). The Bill has now passed, with some amendments by the Senate.

06 December 2018

The Modern Slavery Bill 2018 (Cth) has been introduced to the House of Representatives in Federal Parliament.

02 July 2018

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