Julian Berenholtz

About Julian Berenholtz

Julian specialises in the resolution of disputes on major projects, with a particular focus on renewable energy, infrastructure and tunnelling. He acts for project owners, tier-one contractors and government. He is admitted as a solicitor in Victoria, and England and Wales, and has practised in Melbourne, Tokyo, Singapore and London. Julian has expertise in arbitration (international and domestic, including under the ICC, LCIA, SIAC and ACICA rules), litigation, expert determination and adjudication.

His relevant experience includes:

Renewables

• Principal: advising the principal on a significant electricity transmission project, in converting circa $100 million bank guarantees to cash and in related project delivery issues with the contractor. 
• Korean contractor: in relation to claims made by a principal regarding a solar / BESS project in South Australia. 
• Japanese solar farm owner: acting in relation to a claim for liquidated damages against the D&C contractor, and related PPA issues upstream, regarding a solar farm project in Queensland.
• Wind farm owner: regarding defective work performed by an EPC contractor at a wind farm in Victoria.
• Solar farm owner: in relation to claims against a contractor arising from defects and subsequent outages at a solar farm in Queensland. 
• Wind farm owner: in relation to disputes arising between the principal and the EPC / O&M contractor.
• Wind farm owner: regarding disputes arising from the construction and operation of a wind farm.
• UK principal*: acted in an LCIA arbitration in connection with claims relating to the design and construction of an offshore wind farm in the North Sea. 

Road and rail

• LCT-MRE Nominees Pty Ltd & Anor v Thiess Pty Limited & Ors: acting for the concessionaire in long-running multi-party litigation proceedings in the New South Wales Supreme Court in relation to significant defects in the shotcrete linings of the tunnel.
• NSW road tunnel PPP: in a $1 billion+ expert determination and resultant ACICA arbitration with the D&C contractor. 
• NSW road tunnel PPP: advising the principal regarding ongoing investigations into defects and potential claims.
• Department of Transport (Victoria): advising on disputes arising out of a number of projects across Victoria, including multiple domestic arbitrations.
• Locomotive purchaser: acted in an IAMA arbitration arising out of the supply of defective locomotives. 
• Portuguese contractor*: acted in an UNCITRAL arbitration against a West African government in relation to the design and construction of a major highway.
• UK rail operator*: acted in relation to claims made by a contractor for extensions of time and prolongation costs.
• UK O&M contractor*: advised in relation to potential time/money claims arising out of the refurbishment and extension of a tram network in the UK.

Conventional energy and mining

• Queensland coking coal project: acting for the principal in relation to a dispute with a major contractor JV arising out of the construction of a coal-handling processing plant in Queensland.
• Queensland coal terminal: acting for the principal in relation to disputes arising from the construction of the terminal.
• Japanese LNG owner: advised in relation to claims worth in excess of A$300 million arising from an EPC contract for the construction of an offshore LNG pipeline in Australia.
• An oil major: advised the employer in relation to claims by a contractor in the construction of its headquarters and associated infrastructure in Papua New Guinea.
• An oil major: in relation to claims arising out of a Victorian gas project involving time, cost and variation, including Security of Payment Act risks.
• JGC, Chiyoda and KBR joint venture*: advised on the negotiation and drafting of tier-one subcontracts for the $34 billion Ichthys LNG project.
• Major American contractor*: advised in relation to claims by it and its consortium partner against an employer, arising out of an EPC contract for the construction of a water treatment plant for a coal seam gas project in Queensland.
• Japanese contractors*: advised in relation to claims for extensions of time and variations arising from the construction of an LNG plant in Indonesia.

Other infrastructure and commercial matters

• Tier-one contractor: acting in relation to a significant expert determination with the principal, defending New South Wales Supreme Court proceedings commenced by a subcontractor, and generally in relation to project delivery issues arising out of the design and construction of a landmark Sydney project.
• Principal: acting in a London seat LCIA arbitration (under English law) arising out of the construction of a technical ammonium nitrate process plant (with Linklaters).
• Tier-one contractor: acting in New South Wales Supreme Court proceedings in claims arising out of a share sale agreement.
• Principal: in relation to claims arising out of a Victorian PPP prison project.
• Japanese trading houses and heavy industry companies: in a number of SIAC, LCIA and ICC international proceedings across the Asian region, typically arising out of EPC contracts for the construction of oil and gas facilities and process plants.
• Japanese heavy industry company*: acted in two SIAC arbitration proceedings relating to the design, construction and maintenance of a landmark leisure project in Singapore.

*Before joining Allens.