Ken Hickman's practice is focused on large-scale construction, infrastructure, mining, energy, and transport projects. He has acted for owners and contractors in Australia and Southeast Asia in arbitration (ICC, SIAC, LMAA, SCMA), litigation, mediation, and expert determination. Ken also has been engaged by clients prior to initiating formal legal proceedings to investigate and minimize claims and disputes, and he has significant experience in Australia acting for owners and contractors in high-value adjudications under various security of payment legislation throughout Australia.
Ken has particular experience running complex and high-value international commercial arbitrations, seated around the world under various institutional rules.
Prior to joining Jones Day, Ken worked for international law firms in Melbourne and Singapore. During this time he advised regional clients in construction and major transport infrastructure projects; offshore construction projects (including chartering arrangements for related subsea/heavy lift operations); energy and mining projects, including contracts for the procurement of specialized equipment; shipping (including charter party and bill of lading disputes and disputes concerning the construction of specialized vessels for the oil and gas industry); and commodities trading disputes and investigations.
In addition, Ken has diverse experience across multiple industry and government sectors having served previous secondments with an ASX-listed mining services company and a statutory authority delivering a multibillion dollar transport project in Victoria. He also worked with the Regional Rail Link Authority in Victoria during the procurement phase on a $4.3 billion rail infrastructure project.
SK seeks advice on potential disputes with joint venture partner and client
Jones Day advised SapuraKencana Petroleum Berhad (SK) on the resolution of potential disputes relating to its work as part of a joint venture with Clough (Thailand Co., Ltd) for Mubadala Petroleum on the Pearl Manora Field Development Project.
Duro Felguera files claim against head contractor relating to Roy Hill Iron Ore Project
Jones Day is acting for Duro Felguera Australia Pty Ltd (DFA), a Spanish mining and construction contractor, in relation to the following disputes arising in respect of the US$10 billion Roy Hill Iron Ore Project in Western Australia.
The following represents experience acquired prior to joining Jones Day.
Advised an Australian contractor in delivering a major transport infrastructure project in Western Australia on key project delivery issues and claims strategy and on subcontractor adjudications under the Construction Contracts Act (SOP legislation).
Acted for a major European contractor in relation to its claims arising out of the insolvency of a major Australian construction group.
Acted for an offshore oil and gas contractor in relation to a large-scale dispute arising from the construction of a pipeline and gas processing facility in Victoria.
Acted for a large Dutch company in major claims arising out of the construction of a specialized offshore oil and gas vessel at a Chinese shipyard (SIAC).
Advised an ASX-listed mining services company on chartering arrangements for the transportation of high-value, oversize cargo in Indonesia.
Advised a major Australian mining company on its standard form of various procurement contracts based on the AS series of contracts that included a secondment to a Southeast Asian telecommunications company where he advised on procurement contracts and supply agreements.
Acted for a local electrical services contractor in an adjudication under the QLD security of payment legislation in relation to its claims with construction work performed on the GLNG and QCLNG projects.
Acted for a large Australian contractor in claims against a European construction company arising from work performed at a steel fabrication facility in Southeast Asia (Vienna Rules).
Acted for an offshore oil and gas contractor in relation to the charter of a specialized offshore vessel used for the construction of a processing platform and pipeline infrastructure (SIAC).
Advised an international conglomerate trading company on the loss of fuel oil cargo from a bulk storage vessel in Singapore, including managing the investigation and advising on options for recovery (including obtaining urgent freezing orders).
Advised a Singapore-based shipping company on the arrest of a vessel in Singapore by a European bank. Relevant to the matter were complex legal principles related to bills of lading, charter parties, and maritime conventions (SCMA).
Acted for a Singapore-based shipping company in relation to the seizure of trading vessels in Bangladesh, Singapore, and India (LMAA/SCMA).
Advised a Melbourne-based property developer on claims brought by the builder of multiple high-rise commercial and residential buildings in Melbourne's CBD.
Acted for a U.S.-based pipeline contractor on a claim for workers' compensation in the NSW Supreme Court.
Acted for a local electrical services contractor on its claims against a sate-owned electricity supplier under a long-term maintenance services agreement.
- March 2018Australia: Adjudicators’ Security of Payment Determinations Not Reviewable for Errors of Law
- March 2018The End of the "Deemed Liability" Adjudication in Western Australia
- October 2017Court Limits Australia's Jurisdiction to Assist International Arbitrations
- October 2017The Importance of Strictly Complying with Notice Requirements on Australian Projects
- September 2016A Greater Role for Australian Courts in Foreign Arbitral Proceedings?
- La Trobe University (LL.M. in Global Business Law 2011; LL.B. Hons. 2007; B.A. in Mandarin 2007)
- Supreme Court of Western Australia and High Court of Australia