Bronwyn Lincoln

Practice Areas

Bronwyn is a Partner in the Thomson Geer Disputes team with extensive experience in commercial litigation and international arbitration.

She also regularly advises on conflicts of laws, international treaty rights and obligations (including the CISG) and on the enforcement of foreign judgments and foreign arbitral awards in the Australian courts.

Bronwyn’s practice covers a range of industry sectors, including international trade, insurance, building and construction, energy and resources, pharmaceuticals, technology and renewables.

She has a particular interest in the resolution of joint venture and shareholder disputes and a specialist practice in cross border and multi-jurisdictional matters.

Bronwyn has acted for national and international clients in high value disputes in most of the superior courts in Australia and has experience in the conduct of arbitration under the rules of many of the world’s leading arbitral institutions, including the Singapore International Arbitration Centre and the International Chamber of Commerce, and under the UNCITAL Arbitration Rules.

Bronwyn also sits as an international arbitrator, both as sole arbitrator and presiding arbitrator.

Amongst other roles, she is a director of ACICA and the Australian Disputes Centre, vice-chair of the Federal Litigation and Dispute Resolution Exec of the LCA, a member of the ICC Commission on Arbitration and ADR and one of Australia’s four designated conciliators for ICSID (World Bank).

Work Highlights

* Acting for consortium of financiers in litigation in the Commercial List of the Supreme Court of NSW against Insurance Australia Limited and Tokio Marine & Nichido Fire Insurance Co Ltd for failure to indemnify under trade credit insurance policies following COVID-related collapses in the "high seas" commodities trading sector.

* Shareholder dispute for Australian and Scottish based entities, including claims of oppression (Victorian Supreme Court).

* Representing Singapore and Australian entities in litigation (Federal Court of Australia and Victorian Supreme Court)/Court of Appeal) arising from failed joint venture in the Middle East (including advising on and co-ordinating parallel criminal and civil proceedings in foreign jurisdiction).

* Application for freezing orders in aid of foreign seated arbitration (first of kind application based on ACL – unconscionability) (Victorian Supreme Court/Court of Appeal/High Court).

* Advising on enforcement of awards made under Convention for the Settlement of Investment Disputes between States and Nationals of Other States (including advice on foreign state immunity).

* Enforcement of foreign arbitral award made in Singapore against Australian and US entities (including first of kind defence based on ‘double recovery’ as breach of public policy exception) (involved complex cross border insolvency issues).

* UNCITRAL arbitration seated in Singapore with parallel Philippine litigation (resources – joint venture).

* SIAC arbitration arising out of complex infrastructure agreements (including cross guarantees) and insolvency related issues.

* Advising State government on government procurement obligations in Australia’s free trade agreements and WTO-GPA.

* Advising on availability of judicial review in respect of decisions in energy and renewables sector.

Professional Memberships

■ Singapore International Arbitration Centre – Panel arbitrator (2013 – present)

■ Asian International Arbitration Centre – Panel arbitrator (2016 – present)

■ ICC Commission on Arbitration & ADR – Member (March 2018 – 2023, 2024 - present)

■ Hong Kong International Arbitration Centre – List arbitrator (2019 – present)

■ Australian Centre for International Commercial Arbitration – Fellow (2013 – present)

■ KCAB International – Panel arbitrator (2021 to present)

■ Maldives International Arbitration Centre – Panel arbitrator (2020 – present)

■ Australian Energy Regulator – Panel arbitrator (August 2017 – present)

■ Western Australian Economic Regulation Authority – Panel arbitrator (April 2018 – present)

■ Commonwealth Attorney-General’s International Legal Services Advisory Council – Member (2004 – 2013)

■ Asia Pacific Forum for International Arbitration – Co-founder and inaugural co-chair, executive member (2004 – 2012)

■ International Centre for Settlement of Investment Disputes (ICSID) – Australian designee to the panel of conciliators (December 2016 – 2024)

■ New Zealand International Arbitration Centre – Panel arbitrator (2020 – present)

■ London Court of International Arbitration – Arbitrator, database (2016 – present)

■ Law Council of Australia, Federal Litigation and Alternative Dispute Resolution Executive – Member (2004 – present), Vice Chair (2022 – present) In this role Bronwyn also participates as a member of the Federal Court Liaison Committee.

■ International Council for Commercial Arbitration – Member (2019 – present)

■ Melbourne Commercial Arbitration and Mediation Centre – Chair (December 2015 – June 2020)

■ London Court of International Arbitration Asia Pacific Users’ Council – Councillor (2010 – 2016)

■ ArbitralWomen – Board member (2008 – 2015)

■ UNCITRAL National Coordination Committee for Australia – Member

Languages Spoken

English

German

Basic French