Dale J.Atkinson

Associate

London + 44.20.7039.5403

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Dale Atkinson's practice focuses on resolving disputes arising from major projects, particularly in the transport/infrastructure and energy/resources sectors. He also has acted in restructuring and insolvency matters.

Dale has experience representing large national and international corporations and government bodies in arbitration proceedings, litigation, and mediation and in providing pre-dispute strategy advice for clients prior to initiating formal legal proceedings. Dale also has experience representing clients in high-value adjudications and other dispute resolution forums such as expert determination.

His recent representations include acting for a contractor in claims against a UK public authority arising out of the ongoing effects of COVID-19 on a major public-private partnership (PPP) infrastructure project; a specialist energy and subsea cable contractor; and a London real estate developer in fire safety defect claims.

Dale has previously acted for a major oil and gas producer in a $2 billion multiparty ad hoc (UNCITRAL) arbitration concerning the construction of a loading jetty as part of Australia's largest liquified natural gas processing facility; an ASX-listed contractor in relation to the design and construction of a mine processing plant; and in Supreme Court of Western Australia proceedings involving a contractual dispute regarding a waste to energy facility.

Dale is a guest lecturer in the juris doctor course on international commercial arbitration at the University of Western Australia and is a headnote author for the Building and Construction Law Journal.

Experience

  • Government-owned investment company investigates allegations of inappropriate workplace conduct by senior employeeJones Day advised a government-owned investment company in relation to a confidential workplace investigation into allegations of inappropriate behavior by a senior employee, including recommended disciplinary action.
  • Multinational software company carries out investigation into workplace bullying by two senior Australian employeesJones Day is advising a multinational software company in relation to allegations of workplace bullying against senior Australian employees, including overseeing the conduct of a third party workplace investigation and advising on subsequent disciplinary action.
  • STERIS acquires Cantel Medical for $3.6 billionJones Day advised STERIS plc in its acquisition of Cantel Medical Corp, a global provider of infection prevention products and services primarily to endoscopy and dental customers, for $3.6 billion.
  • Large mine operator conducts employment due diligence as part of formal sale processJones Day is providing advice to a large foreign mine operator as part of formal sale process of several coal assets in Australia, including labor and employment legal due diligence and transitional services arrangements in respect of several thousand employees and contractors.
  • U.S.-based oil and gas company prevails in recent Gorgon project arbitrationJones Day successfully represented the Owner in an ad hoc UNCITRAL arbitration arising from one of the world's largest LNG projects, and the largest single resource project in Australia's history.
  • QIC invests A$200 million in restructuring of Virgin AustraliaJones Day advised the Queensland Investment Corporation (QIC) on its A$200 million combined debt and equity investment and participation in the A$3.5 billion recapitalization and acquisition out of administration of Australia's second largest airline, Virgin Australia, by Bain Capital.
  • Multinational technical, professional, and construction services firm participates in workplace investigation conducted by major Federal Government customerJones Day advised a multinational engineering services firm on the participation of its employees and contractors in a major Federal Government customer’s investigation into alleged workplace misconduct, conflict of interest, government procurement, and other probity issues on a major Government project.
    • View All

    August 2024 White Paper

    Misleading or Deceptive Conduct Claims on Projects in Australia

    January 2022 Commentary

    Set Aside: Australian Creditors Unable to Rely on Statutory Set-Offs to Defend Unfair Preference Claims

    July 2021 Commentary

    After a Peak Comes the Fall: Australian Federal Court Rejects "Peak Indebtedness Rule"

    May 2021 Commentary

    "Last Refuge of the Desperate"—Western Australia Supreme Court Rebuts Procedural Fairness Challenge to Arbitrator's Award

    August 2020 Commentary

    Back on Top: Australian Court Affirms the "Peak Indebtedness Rule" in Unfair Preference Claims

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