Daniel is an experienced advisor and advocate for large commercial disputes – whether in mediation, arbitration or litigation proceedings – and leads Chapman Tripp’s international arbitration practice.
represented clients in a range of major industries, including mining, oil and
gas, telecommunications, private equity and the finance sector. He is
ranked as a leading individual for dispute resolution by Legal 500, which
describes him as “a sharp,
skilled advocate” (2017) who is “excellent in landmark cases” (2016). Who’s
Who Legal describes him as “exceptional;
very smart guy and a really excellent advocate” (2017).
Daniel has particular expertise in
cross-border dispute resolution. He is the only New Zealand firm practitioner
listed in the International Who’s Who of Commercial Arbitration (which says he has "played an important role in
New Zealand in terms of developing the sector") and the Euromoney Guide to Leading Experts in Commercial
Arbitration. Chapman Tripp is the only New Zealand firm
listed in Global Arbitration Review’s Top 100.
Daniel has acted in UNCITRAL, ICSID, LCIA, SCC and ICC arbitrations and has recent experience as an international arbitrator. He is New Zealand’s representative to the ICC Commission and national correspondent to the United Nations for the two international instruments on which the country’s arbitration law is based. He is a member of the IBA Arb40 Steering Committee, the SIAC Users’ Council (and the SIAC Users Council’s Regional Committee for Australia and New Zealand), the LCIA Asia Pacific Users’ Council and the Editorial Board of the ICC Dispute Resolution Bulletin. Daniel is co-author of a commentary on the ICSID Convention and Arbitration Rules and a contributing author to New Zealand’s foremost arbitration text, Williams & Kawharu on Arbitration.
Daniel is a faculty member of the NZLS Litigation Skills course and an adjunct lecturer at Victoria University Law School where he teaches civil procedure. Daniel graduated first in his year at Victoria University Law School, after which he was a Court of Appeal judge’s clerk, Fulbright scholar and an associate-in-law at Columbia Law School. Before returning to New Zealand, he was a senior associate in the international arbitration group of Freshfields Bruckhaus Deringer LLP in London. He is admitted in New Zealand, New York and England & Wales.
Daniel has represented:
- a multinational company in a significant commercial UNCITRAL arbitration in Singapore, as well as in ancillary court proceedings in New Zealand.
- ANZ, BNZ, Westpac, CBA, BTMU and Deutsche Bank in defending a deed of company arrangement entered into by state-owned enterprise Solid Energy following a large-scale debt restructuring
- PwC, as receiver of the Strategic Finance group of companies, including with respect to claims against former company directors and auditors
- the Government of Kazakhstan in obtaining, from the New Zealand courts, an order of subpoena compelling an internet company to provide data for use in United States court proceedings
- a Singapore company in obtaining, from the New Zealand courts, an order of subpoena in favour of a London LCIA tribunal, creating new judicial precedent
- Transparency International New Zealand, defending High Court judicial review proceedings
- a Singapore company in a London ICC arbitration against a Texan company relating to a New Zealand petroleum exploration permit
- a Malaysian-based investor in successfully obtaining a NZ$3m judgment against a former joint venture partner, involving breach of fiduciary duty and dishonest assistance claims
- a United Kingdom investor against the Republic of Indonesia, in the first bilateral investment treaty arbitration hearing held in New Zealand
- the Arbitrators’ and Mediators’ Institute of New Zealand, as an intervener in a Supreme Court appeal on the use of without prejudice privilege in mediations
- a subsidiary of Leighton Contractors in arbitration proceedings against New Zealand state-owned enterprise Solid Energy
- Rio Tinto Alcan Power (NZ) in arbitration proceedings against New Zealand state-owned enterprise Meridian Energy, and
- a Russian investor in a US$2.5b multi-jurisdictional telecommunications dispute, including Stockholm arbitration proceedings (identified as a “Top 50” dispute by The American Lawyer magazine for 2007).
Daniel also provides policy and regulatory advice, particularly concerning international law, trade law and foreign investment issues.