Steven W.Fleming

Partner

Sydney + 61.2.8272.0538

Steven Fleming has resolved commercial disputes for clients for more than 25 years, with a particular emphasis in the construction, energy, and resources sectors. He has extensive experience in contractual, regulatory, and cross-border disputes.

Steven has represented clients in all aspects of the dispute cycle, including proceedings before the superior courts of Australia and England, as well as domestic and international arbitrations (ICC, LCIA, and SIAC). His major cases include an ICC arbitration concerning EPC contracts for an oil pipeline in Africa, a contractual dispute concerning the design and construction of a walking beam furnace, and acting in a dispute arising from the construction of a water desalination plant. Several of Steven's cases have been cited for contractual interpretation and global claims (Mainteck v. Stein Heurtey [2014] NSWCA 184) and for misleading or deceptive conduct in joint ventures ([2006] FCAFC, 44). He is currently working on disputes involving large construction projects in Australia, primarily EPC contracts in the LNG industry. Most recently Steven conducted numerous successful high-value adjudications under security of payment legislation for contractors and owners.

Steven has counseled corporations and their boards on regulatory/compliance matters, including undertaking investigations and pre-acquisition due diligence, which includes investigating and reporting to boards on foreign corrupt practices and dealing with regulatory bodies in Australia and overseas on behalf of clients (AFP, ASIC, ATO, DOJ, SEC, World Bank, and Asian Development Bank).

Steven is currently advising clients on potential corrupt practices across Asia and the Middle East. He also advises clients on economic sanctions and anti-money laundering issues.

Steven is a frequent speaker at conferences on anti-bribery and corruption and has participated in OECD working group sessions on foreign bribery and corruption.

Expérience

  • Foreign client seeks advice relating to potential domestic and private international law remedies against Australian governmentJones Day is advising a foreign client as to its domestic and international law remedies following an Australian government decision to exclude the company from participating in an Australian commercial opportunity.
  • Keller successfully recovers amounts relating to outstanding payments and third-party cyber fraud on ground engineering and construction projectJones Day acted for Keller Pty. Ltd. in a successful statutory adjudication to recover payments due from Karimbla Constructions Services (NSW) Pty Ltd, and defended related proceedings subsequently commenced by Karimbla in the Supreme Court of New South Wales.
  • Parker Hannifin obtains EU General Court reduction of marine hose cartel fineJones Day represented Parker Hannifin Corporation and its Italian subsidiary, Parker ITR Srl, in connection with antitrust investigations in the European Union, the U.S., Brazil, Japan, and Australia relating to the conduct of manufacturers of marine hoses used to transport crude oil to and from ships.
  • Global metals producer obtains counsel on anti-corruption compliance policies in UAEJones Day advised a global metals producer on anti-corruption compliance policies in UAE.
  • USG forms $1.6 billion plasterboard and ceilings joint venture with Boral Limited in Asia, Australia, and Middle EastJones Day advised USG Corporation in its formation of a strategic 50/50 $1.6 billion plasterboard and ceilings joint venture with Boral Limited in Asia, Australia, and the Middle East, known as USG Boral Building Products.
  • Bhushan Steel obtains freezing order for Severstal asset in aid of proceedings in IndiaJones Day acted for Bhushan Steel Limited in proceedings to freeze an asset held by Russian company, PAO Severstal, in Australia in aid of foreign proceedings in India.
  • Delta Electricity seeks advice on price review dispute under coal supply agreementJones Day represented Delta Electricity in a matter involving an expert determination of a price review dispute under a coal supply agreement.
  • ESCO seeks counsel in enforcement of international arbitration award in AustraliaJones Day represented ESCO Corporation in proceedings concerning the disputed enforcement of an international arbitration award in Australia.
  • Veolia defends dispute against principal contractor in large construction projectJones Day represented Veolia Environnement in proceedings against the principal contractor, Austrian Energy, arising out of a large construction project at Port Worlsey in Australia.
  • GrainCorp arbitrates several contractual disputes with grain growersJones Day acted for GrainCorp Pty Limited in a large number of domestic arbitrations concerning contractual disputes with grain growers.
  • Fives Lille successfully defends proceedings arising from construction of walking beam furnace at Port KemblaJones Day successfully defended Fives Lille in proceedings arising from the construction of a walking beam furnace at Port Kembla.
  • Lehman Brothers in High Court proceedings concerning validity of Deed of Company ArrangementJones Day is acting for Lehman Brothers Holdings Inc. in High Court proceedings concerning the validity of a Deed of Company Arrangement.
  • Investment fund pursues litigation against Australian mining companies in relation to pre-IPO private placing of sharesJones Day is representing an investment fund in High Court proceedings against a group of Australian mining companies alleging breach of contract and misrepresentation in relation to a pre-IPO private placing of shares.
  • Dell faces off in declaratory judgment action involving wireless LAN patentJones Day represented Dell Inc. in a declaratory judgment action that was transferred from the N.D. California (Case No. 3:05-CV-1886) seeking a declaration of patent invalidity and non-infringement of a wireless LAN patent.
  • Interventions orales

    • December 2018
      Anti-Bribery/Anti-Corruption & FCPA training, Vertex Pharmaceuticals
    • March 2018
      Ethics Compliance and Anti-corruption training, AESOP Group
    • August 2015
      Whistleblowing, presenter, C5 Conference
    • December 2014
      OECD Anti-Bribery Convention Phase 3 Workshop
    • March 2014
      2nd Annual forum on Anti-Corruption Australia on demystifying the intersection of the Australian Criminal Code, the US Foreign Corrupt Practices Act and UK Bribery Act; and paper on the anatomy of a corruption investigation
    • November 2013
      Anatomy of a Corruption Investigation, C5 - Extractive Industries Bribery and Corruption Bootcamp
    • March 2013
      The Face of Corruption in Australia, C5 - Bribery and Corruption Conference
    • January 30, 2013
      Energy & Resources in the firing line in foreign bribery crackdown
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