Steve White

Steve WhiteSteve White has more reported arbitrations than any other arbitrator in Australia . In every case his arbitral decisions have been upheld by the Court and become enforceable judgments of the Court as if they were made by a Court in the first instance. His reported decisions have included jurisdiction, specific performance, injunctions, damages, declarations, proceedings against third parties and substantial costs orders in relation to technically complicated subject matter. His decisions have been cited with approval and followed by various Courts in subsequent cases and extensively relied upon to support arbitral process  and cited with approval for the speed and enforcement of same.

His particular skill is in relation to the high speed determination of very complicated commercial matters.  Those matters include, without limitation, engineering, energy (including renewable energy), mining, intellectual property, information technology and telecommunications.  He has bachelor degrees in law and computer science and 20 years as counsel.

He has conducted very large litigation involving software .  He has successfully defended important worldwide class litigation involving the global domain name root servers and software ownership.

He is a member of the following panels, amongst others:

  • Hong Kong International Arbitration Centre
  • Shenzhen Arbitration Commission Panel of Arbitrators
  • Australian Centre for International Commercial Arbitration (fellow)
  • WIPO Arbitration and Mediation Centre
  • auDA Review Panel
  • ACDC Arbitration Panel
  • The Institute of Arbitrators and Mediators Grade 1 (top) arbitration panel (fellow)
  • LEADR
  • Law Society of New South Wales
  • Law Institute of Victoria

He was made a fellow of the Australian Computer Society for his contribution to dispute resolution in relation to the ITC industry. He is an accredited mediator.  He has made many expert determinations including the determination of breach of contract claims and damages in relation to hardware and software disputes, breach of contract claims and damages in relation to telecommunications billing disputes.

He has conducted many audits including the auditing of whether or not information technology infrastructure has be properly decommissioned and if so when the auditing of the removal of intellectual property and other electronic data.  He has supervised the execution of Anton Piller Orders on behalf of the Federal Court of Australia and Microsoft Inc.

He has appropriate Australian Government Security Clearances.

He does not charge travelling or accommodation costs and is available for arbitral, mediation and expert determination matters.

Before practising law and ADR, he worked for IBM in Australia, Hong Kong, Singapore and Indonesia as a technical instructor for IBM and its clients.

For more information visit www.arbitrator.com.au, www.mediator.com.au, www.expertdeterminer.com.au

Reported Arbitral Decisions

Larkden Pty Limited -v- Lloyd Energy Systems Pty Limited [2011] NSWSC 1567

Larkden Pty Limited -v- Lloyd Energy Systems Pty Limited [2011] NSWSC 1331

Larkden Pty Limited -v- Lloyd Energy Systems Pty Limited [2011] NSWSC 1305

  • Our Mr White was the arbitrator in this matter.
  • Corporations Act 2001 (Cth), s440D
    • An application for leave to bring and continue proceedings against a company in voluntary administration for recognition and enforcement of an arbitral award pursuant to Commercial Arbitration Act 2010 (NSW) s 35
    • Nature of discretion to be exercised
    • Relevant circumstances
    • Leave granted 
  • For third party commentary about this leading decision please visit the following links:

Larkden Pty Limited -v- Lloyd Energy Systems Pty Limited [2011] NSWSC 268

April 30, 2010 - Oakton Services Pty Ltd v Tenix Solutions IMES Pty Ltd [2010] VSC 176

  • Our Mr White did all the preparatory arbitration work for Tenix Solutions IMES Pty Ltd for over 12 months including running the dispute process which was the subject of this reported decision. 

Unreported Decisions

  • whether a Tribunal should proceed with the arbitration whilst it is subject to appeal pursuant to s16(9) of the Commercial Arbitration Act 2010 (NSW)
  • disclosure of confidential information to a non-arbitral party pursuant to Section 27G of the Commercial Arbitration Act 2010 (NSW)
  • whether or not particular discovery should be permitted pursuant to Section 19(2) of the Commercial Arbitration Act 2010 (NSW)