Beth Cubitt

Full Profile

Beth’s cross-border disputes practice in international arbitration focuses on the energy, oil & gas, construction and mining sectors.

She has conducted arbitrations under most of the major arbitral institutions and rules (including ICC, LCIA, UNCITRAL, SIAC, ACICA). She has led some of the largest arbitrations Clyde & Co has handled to date. 

She is regularly called upon to present at legal and infrastructure sector-focused conferences and seminars in Australia, London, Asia and South Africa. She is also a graded arbitrator and a Fellow of the Chartered Institute of Arbitrators and the Australian Centre for International Commercial Arbitrators.

Beth initially qualified as a lawyer in South Africa and has experience advising on both civil and common law matters and working across different legal systems.

Beth has been recognised in Who’s Who Legal for Australia & New Zealand 2022 for her market-leading work in Arbitration, Construction and Energy.  She is ranked in Construction by both Chambers Asia Pacific 2022 and in Legal 500 Asia Pacific 2022.  In recent years she has been recognised by legal directories for her work in Construction/Infrastructure Law, Energy – Oil & Gas, International Arbitration, Construction & Infrastructure Litigation and ADR.

Experience

Disputes

• LNG Project Disputes – Advising owners, operators and head contractors on contract management and administration, construction claims and dispute resolution strategy in relation to a number of significant LNG plant projects around Australia, including acting for those clients in international arbitrations
• Mining Dispute – Advising an international contractor in relation to adjudications, Supreme Court injunctive proceedings (including for return of securities) and an international arbitration regarding claims arising out of a contract for the construction of structural steel and associated mechanical, piping, electrical and instrumentation works, and stockyard facilities for an iron ore mine in Western Australia
• Offshore Marine Dispute – Advising an international technology company in a Supreme Court dispute regarding the fabrication of a sub-sea cooling skid for use in an offshore oil and gas development
• Mining Railway Project – Advising a construction contractor in relation to the recovery of costs against a subcontractor for rectification of defective or unfinished rail signalling and communications works, and related claims associated with a heavy haulage iron ore railway in the Pilbara, Western Australia
• Hydro Power Project – Advising BOOT owners in international arbitrations seated in Singapore and related court proceeding arising out of a hydro power project in the Philippines
• Mining Arbitrations – Advising mine owners on procurement disputes, including conducting international arbitrations under ACICA, HKIAC and LCIA Rules
• Transport Project Dispute – Advising a contractor and operator on managing specific disputes arising from the build phase, project arrangements, negotiating and managing risk allocation for a bespoke public infrastructure agreement for a public transport ticketing system and in an expert determination arising from the build phase
• Power Station Disputes – Advising power station owners on ongoing disputes arising from a major infrastructure project in Victoria and New South Wales
• Transport Arbitration – Advising the concessionaire on settling complex issues in arbitration proceedings arising from completion of a major toll road project in Victoria
• Transport Disputes – Advising national infrastructure operators and maintenance companies on claims and disputes arising from road and rail infrastructure in Victoria.

Transactional

• Oil & Gas Projects – Advising an international oil and gas company on specific aspects of contractual risk allocation and contractual administration on two significant oil and gas projects
• LNG Project – Advising a mining and civil construction contractor and gas company on a number of specific procurement contracts for a Queensland LNG project
• LNG Project - Advising an international energy company on the concept definition studies consultancy in respect of a floating LNG facility
• Rail Project – Advising a consortium member on the joint venture bid for the re-franchise of the Melbourne passenger rail network
• Airport Projects – Advising infrastructure owners on the preparation and drafting of construction contracts for Australian national airport corporations and contract administration arising from various construction projects
• Mining Towage Assets – Advising a large, diverse mining and resources group on the consultancy, design and construction of a fleet of 12 state-of-the-art tugboats
• Mining Towage Assets – Advising a coal mining and exploration company on the registration of their tugboats and meeting flag state requirements.