Robert Tang is a specialist in complex commercial litigation and international arbitration across Australia and the broader Asia Pacific region, with a particular focus on construction & infrastructure, energy & resources and TMT sectors.
Robert has extensive domestic and international experience in leading large-scale, high profile and complex commercial litigation and international arbitration, including international commercial arbitrations conducted under the ACICA, HKIAC, ICC, UNICTRAL and SIAC Rules.
He is widely recognised in key legal directories including Legal500 (Rising Star for International Arbitration, 2021, 2022 and 2023 and featured on the Legal500 Arbitration Powerlist: Australia and New Zealand 2022) and Best Lawyers (Alternative Dispute Resolution, 2020, 2021 and 2022), and was the recipient of the Young ADR Practitioner of the Year in the Australian ADR Awards 2018.
International Commercial Arbitration
- Advising two State-owned entities of a South East Asian country in relation to a US$1bn+ UNCITRAL arbitration (Singapore seat) against a private consortium concerning breaches of a multi-billion dollar contract for the development and management of electricity generation, transmission and distribution assets.
- Advising an Australian eCommerce company in relation to a A$100m+ ICC arbitration (Hong Kong seat) against a large Asian financial institution.
- Advising a large HKSE-listed corporation in an emergency HKIAC arbitration (Hong Kong seat) in relation to a contractual dispute with a significant shareholder.
- Advising a large multinational company in relation to a US$200m+ SIAC arbitration (Singapore seat) with a distributor from a large Asian country concerning the termination of an exclusive distribution agreement.
- Advising the Independent State of Papua New Guinea in relation to a US$120m+ UNCITRAL arbitration with a junior Canadian mining company in connection with a significant deep seabed mining project.
- Advising a private equity firm in relation to a dispute arising from breach of an exclusivity agreement relating to the acquisition of a significant Australian clothing business.
- Advising a private equity firm in relation to a significant “material adverse event” dispute post-signing / pre-completion of a share sale agreement.
- Advising a large private equity firm in relation to a breach of warranty claim exceeding A$100m+ against a warranty & indemnity insurer in connection with the acquisition of a fast-moving consumer goods business.
- Advising a private equity firm in relation to disputes against a minority shareholder in connection with a share purchase agreement and shareholders agreement arising from the acquisition of a large Asian solar company.
- Advising a private equity firm in a multimillion dollar dispute against a minority shareholder in relation to the proposed exit of a significant tech investment.
Construction & Infrastructure
- Advising a large multinational company in relation to a lease dispute against a large multinational hospitality organisation in connection with issues caused by the COVID-19 pandemic.
- Advising an Asian consortium in relation to a contractual dispute exceeding US$50m in connection with the construction of a large sports and entertainment facility.
- Advising an EMEA-headquartered multinational company in relation to various EPC disputes with a contractor, including disputes relating to requests for extensions of time and the disclosure of subterranean boulders in the rely upon information.
Energy & Resources (including renewables)
- Advising a private equity firm in relation to breaches of an engineering, procurement and construction contract in connection with a large onshore windfarm project on the East Coast of Australia.
- Advising a large multinational joint venture in relation to various contractual disputes in connection with the construction of a large hydroelectric dam in South-East Asia.
- Advising a large Asian-headquartered multinational oil and gas company regarding various multi-billion dollar contractual disputes in connection with the onshore construction of a significant LNG project.
- Advising a large Asian-headquartered multinational conglomerate in relation to contractual disputes exceeding US$200m in connection with the construction of a large coal-fired power plant in south-east Asia.
Technology, Media and Telecommunications
- Advising a global technology company in relation to the recovery of US$100m in unpaid fees under various contracts, including enforcement of corporate and bank guarantees.
- Advising a significant Australian technology company (estimated market value of A$1bn+) in relation to potential disputes with market regulators involving administrative law and contract law issues.
- Advising a significant telecommunications company in relation to contractual disputes exceeding A$150m in the Supreme Court of NSW in connection with a long-term outsourcing contract for telecommunication services.
- Advising Reckitt Benckiser in relation to proceedings commenced by the ACCC for misleading and deceptive conduct, and in subsequent class action proceedings: Australian Competition and Consumer Commission v Reckitt Benckiser (Australia) Pty Ltd (No 7)  FCA 424; Australian Competition and Consumer Commission v Reckitt Benckiser (Australia) Pty Ltd  FCAFC 181; Hardy v Reckitt Benckiser (Australia) Pty Limited (No 3)  FCA 1165.
- Advising Amplitude Australia in relation to proceedings commenced by Australian Orthopaedic Fixations: Australian Orthopaedic Fixations Pty Ltd v Amplitude Australia Pty Ltd  SASC 88.
- Successfully defending The Sage Group plc in relation to a A$200m claim brought by Archer Capital in the Federal Court of Australia, including at various interlocutory hearings: Archer Capital 4A Ltd as trustee for the Archer Capital Trust 4A v The Sage Group plc  FCA 1476; Archer Capital 4A Pty Ltd as trustee for the Archer Capital Trust 4A v The Sage Group plc (No 1)  FCA 1029; Archer Capital 4A Pty Ltd as trustee for the Archer Capital Trust 4A v Sage Group plc (No 2)  FCA 1098; Archer Capital 4A Pty Ltd as trustee for the Archer Capital Trust 4A v Sage Group plc (No 3)  FCA 1160; Archer Capital 4A Ltd as trustee for the Archer Capital Trust 4A v Sage Group plc  FCA 960.
- Advising AirAsia Berhad in relation to proceedings commenced by the ACCC for contravening the single pricing provisions of the Australian Consumer Law: ACCC v AirAsia Berhad Company  FCA 1413.
News and client work
- “Litigating Securities Class Actions” by Jonathan N. Eisenberg (published by LexisNexis) (Co-authored the Australian class actions section from 2013 to 2019)
- “The 2016 Rules of the Australian Centre for International Commercial Arbitration: Towards Further ‘Cultural Reform” (2016) 12 Asian International Arbitration Journal, Issue 2, pp. 211-2342 (Co-authored)
- “When there’s a will there is a way: Supreme Court of NSW endorses arbitration despite deficiencies in the parties’ agreed arbitral procedure” (July 2018)
- "The ACICA Arbitration Rules 2021: Advancing Australia’s Pro-Arbitration Culture" (2021) 38 Journal of International Arbitration, Issue 6, pp. 775-806 (Co-authored)
Career and qualifications
- University of Sydney (Bachelor of Commerce) 2005
- University of Sydney (Bachelor of Laws) 2007
- Admitted as a lawyer in New South Wales 2008
- Associate at Herbert Smith Freehills, Sydney 2008
- University of Sydney (Master of Laws) 2010
- Senior Associate at Allen & Overy, Sydney 2012
- Queen Mary University of London (Postgraduate Diploma in International Commercial Arbitration) 2014
- Joined Clifford Chance as Counsel 2019
- Member of the Chartered Institute of Arbitrators
- Rules Committee member for Australian Centre of International Commercial Arbitration
- Member of International Chamber of Commerce – Young Arbitrators Forum
- Member of The Inter-Pacific Bar Association
- Member of the Law Council of Australia, International Law section
Awards and citations
- Arbitration Powerlist: Australia and New Zealand 2022
- Alternative Dispute Resolution
Best Lawyers Australia 2023
- Alternative Dispute Resolution
Best Lawyers Australia 2022
- Rising Star (2021, 2022 and 2023)
Legal 500 Asia Pacific: Australia – Arbitration
- Alternative Dispute Resolution
Best Lawyers Australia 2021
- Young ADR Practitioner of the Year
Australian ADR Awards 2018