Nicholas Floreani

Nicholas Floreani

Nicholas Floreani

Nicholas Floreani is a barrister and arbitrator with over 15 years’ experience in the engineering, construction, oil & gas, mining, defence and general commercial sectors.
Nicholas graduated from the Queensland University of Technology and the University of Adelaide with degrees in Law (1996) and Commerce (1993). He was admitted as a Barrister and Solicitor in South Australia in March 1997, as a Legal Practitioner in New South Wales in June 1997 and as a Solicitor, England and Wales, in February 2002. Nicholas was called to the New South Wales Bar in August 1998 and the South Australian Bar in July 2003.
Nicholas commenced his career at the firm Allen, Allen & Hemsley, Sydney (now, Allens Linklaters) where he practiced in the area of building, construction and engineering law, an area in which he has predominantly practiced since.
In 1998, he joined the New South Wales Bar where he practiced from Wentworth Chambers, Sydney, again specialising in the area of building, construction and engineering law.
In 2000, he became an associate practicing in the area of international commercial arbitration at Clifford Chance, London and in 2002, he joined the secretariat of the Claims Resolution Tribunal in Zurich, Switzerland where he arbitrated World War II-era claims on unclaimed Swiss Bank accounts. In July 2003, he joined the South Australian Bar where he has since practiced in commercial litigation, with a particular focus on building, construction & engineering law. He has appeared as counsel in large and complex commercial arbitrations, both domestic and international.

Arbitration Panels

  •  ACICA Panel Arbitrator.
  • Resolution Institute Arbitrator (Grade 2).
  • Essential Services Commission of South Australia list of arbitrators.
  • KLRC Panel Arbitrator.

Arbitration Experience

  • Appearing as counsel for a mechanical engineering company in an arbitration regarding the construction of gas compression plant in remote area of South East Queensland. The dispute involved claims for delay and disruption on a global/total cost basis.
  • Appearing as counsel for a mining civil works contractor in an arbitration regarding a prolongation claim arising out of the construction of earthworks, foundations and civil works for a multi-metals processing and recovery facility in Port Pirie, South Australia.
  • Appearing as counsel for a mechanical engineering company in an arbitration regarding the construction of the Hobart Class Air Warfare Destroyers in South Australia. The dispute involved claims for delay, disruption and unrecovered overheads arising out of the fabrication of pipe spools and assembly of pipe modules.
  • Appearing as counsel in arbitration regarding a developer’s claim for delay damages arising from the builder’s delay in the electrification of a housing subdivision in the Pilbara, Western Australia.
  • Appearing as counsel for an Australian sporting goods importer and distributor in an UNCITRAL arbitration seated in Wellington, New Zealand, in relation to a dispute arising under a distribution agreement.
  • Appearing as counsel for a French owned water utility company in an ICC arbitration with a regional water corporation. The dispute related to the design and construction of waste-water treatment plant in regional Victoria.
  • Appearing as counsel for a Canadian owned grain handling business in an arbitration against a New Zealand mechanical engineering company regarding the construction of grain silos in South Australia.
  • Advising and appearing as counsel for a mechanical engineering company in a conciliation with a steel manufacturing company regarding the construction of a magnetite ore processing facility in South Australia.
  • Advising and appearing as counsel for a civil works contractor in arbitration proceedings against a state government body involving the construction of an underwater pipeline for a marine research laboratory.
  • Advising and appearing for a NSW power station proprietor in a dispute with a mechanical engineering firm regarding the refurbishment of a power station in regional NSW.
  • Advising a French bank in an ICC arbitration (London) against a US car hire company regarding a dispute arising out of the cross-border acquisition of UK and European interests in the fleet car hire business.
  • Advising a UK armaments manufacturing company in enforcement proceedings brought by a sovereign state in the High Court of Justice England and Wales regarding the enforcement of an ICC arbitral award.
  • Advising a US power producer in a LCIA arbitration (London) with a UK power station asset company. The dispute arose out of the cross-border acquisition, by the US firm, of power station assets in the UK.
  • Advising (including on issues of enforcement) a state-owned Chinese pipeline construction company in a dispute with a trans-national consortium (including a sovereign state) involving the engineering, procurement and construction of an oil pipeline in the Sudan.
  • Advising to a multi-national Canadian rail stock manufacturer in an ICC arbitration with a UK rail transport authority.

Other relevant information

  • Fellow of the Chartered Institute of Arbitrators.
  • Fellow of the Australian Centre for International Commercial Arbitration.
  • Adjudicator registered under the Construction Contracts (Security of Payments) Act 2004 (NT) and accredited under the Building and Construction Industry Security of Payment Act 2009 (SA).
  • Squadron Leader in the Specialist Legal Reserve of the Royal Australian Air Force.

Tertiary qualifications:

Qualified Lawyers Transfer Test The College of Law of England and Wales October 2001
Practitioner’s Certificate in Mediation and Conciliation The Institute of Arbitrator’s and Mediators Australia July 2004
Professional Certificate in Arbitration University of Adelaide 23 Dec. 2004
Grad. Dip. in Military Law Australian National University 27 Aug. 2015
Diploma in International Commercial Arbitration The Chartered Institute of Arbitrators 10 Feb. 2016
RICS Adjudication Course (Western Australia) RICS 10 May 2017

Construction and Engineering, Energy, M&A Disputes, Maritime and Shipping, Mediation

15 years

B.Com. University of Adelaide 28 April 1993
LL.B. Queensland University of Technology 30 Aug. 1996
GCLP University of South Australia 18 Mar. 1997

English
Jeffcott Chambers
7 Gouger Street
Adelaide South

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