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Anthony Lo Surdo S.C.
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I have conducted over 400 complex, multi-party mediations over the last decade, been appointed arbitrator in over 100 domestic and international arbitrations and I am regularly appointed as an expert determiner.


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IMI Certified Mediator
Australia, Switzerland, United Kingdom
Australian Capital Territory, New South Wales, Northern Territory, Queensland, Victoria
Contract, Corporate, Franchise, Property, Shareholders, Sport
English
Evaluative, Facilitative
EQP - Experience Qualification Path (Historic)
Mediation Profile

Barrister (Senior Counsel/Kings Counsel) in practice at the Australian Bar, Mediator and Arbitrator practising from Chambers in Sydney, Melbourne, Darwin, London and Dubai. I am a predominantly commercial Silk specialising in all forms of alternative dispute resolution including mediation, arbitration and expert determination. I have been named in Doyles Guide to the Australian Legal Profession in 2011 and 2015-2020 as one of Australia's leading insolvency and reconstruction Silks. I have also been named by that publication as a leading mediator in 2018, 2019, 2020, 2021, 2022 and 2023 and as a leading arbitration Silk in 2019, 2020, 2021, 2022 and 2023.

I am a SIMI Certified Mediator. I am accredited as an advanced mediator by Resolution Institute. I am also accredited under the Australian National Mediator Accreditation System Standards (NMAS). I am a member of the following mediation panels: CAS; SIMI; ADGM; AIAC; ACICA; the Supreme and National Courts of Papua New Guinea; the NSW Supreme Court; the NSW District Court. I have acted as mediator in a vast array of matters since I was first accredited as a mediator in 1993. I use my experience as both Senior Counsel and as a mediator to quickly identify the issues and to gain an understanding of the position of each party so as to assist in facilitating a fair, efficient resolution and enduring to a dispute.

In preparation for a mediation I will read thoroughly all documents that are provided to me to determine the real issues in dispute and the manner in which a settlement may best be achieved or structured having regard to the competing commercial, personal, reputational, emotional and other interests. It is my strong preference for the parties to attend a preliminary conference at which an assessment can be made regarding the parameters of the dispute, delineating the issues that will be addressed at the mediation and discussing the best manner of preparing for mediation. If a preliminary conference is not held then I will usually propose extensive written directions which address the preparation of the matter for mediation including the collation of an agreed mediation book and the exchange of a mediation summary of parties interests which outlines succinctly the facts, interests and issues for which each party contends. I strongly urge the parties in preparing for a mediation to give careful consideration to the best and worst alternatives to a negotiated outcome. I adapt my style of mediation to meet the complexities or otherwise of the issues and the needs and expectations of the parties. My preferred style is facilitative although many of the matters in which I am engaged require an evaluative element. I take a practical and pragmatic approach to the process. I have a calm, respectful and empathetic disposition whilst also rigorously testing lawyers and clients in private session to arrive at a realistic appraisal of prospects and a range of settlement parameters. Further information concerning my mediation style and approach to mediation can be found at my ADR website http://www.silkmediator.com.au.

* Complex multi-party commercial, insurance, building and construction, property and shareholder disputes * Banking * Contract * Partnership * Corporations * Joint Ventures * Professional Indemnity * Succession * Planning * Shareholder disputes * Medical Negligence *Personal injuries *Sports

All enquiries regarding availability should be directed to me (losurdo@8wentworth.com.au; 612 9223 3181) to my Sydney clerk, (cwilson@8wentworth.com.au; 612 8231 5905).

Mediations can be arranged for a day (8 hours or part), half a day (4 hours or part) or for such other period commencing at times that suit the parties.

Being conscious of the principles of proportionality, fees may be set in consultation with the parties having regard to the complexity of the issues.

* Member, NSW Bar Association* Member, Victoria Bar Association* Court of Arbitration for Sport, Arbitrator and Mediator* Fellow, Chartered Institute of Arbitrators*Fellow, Resolution Institute* Fellow, ACICA* 

Available upon request

Training and Education

Resolution Institute (formerly LEADR), 1993, Resolution Institute (formerly LEADR), Advanced Mediator Accreditation, 2015

Recent ADR Related Presentations

 ·       “Mediation Advocacy: Achieving Success”, Legalwise, Sydney, 13 March 2021, Melbourne, 20 March 2021

 ·       “ADR Options, Strategies and Insights”, Far North Coast Law Society Conference, Ballina, 20 February 2021

·       “Study and Research on International Sports Arbitration – CAS Arbitration and the Role of the Arbitrator”, Japan Sports Law Association, 26 January 2021

 ·       “ADR Options, Strategies and Insights”, Leo Cussen Centre for Law, Victoria, 4 November 2020

 ·       “Proposals to foster mediation for the resolution of international sports and sport-related disputes”, Court of Arbitration for Sport Conference, Budapest, Hungary, 24 October 2019

 ·       “Gender in Sports Arbitration”; “Protection of Athletes against harassment, abuse and violence: an Australian Perspective”, Japan Sports Law Association Annual Symposium, Kyoto, Japan, 15 December 2018

 ·       “Emergency Arbitration in South East Asia”, 6th Annual International Arbitration and Regulatory Summit, Jakarta, Indonesia, 7 December 2018

 ·       “Arbitration of Sports Disputes”, (Chair) New South Wales Bar Association ADR Conference, 11 August 2018

 ·       “Avoiding wasted opportunity': suggestions for implementing effective strategies to take parties towards settlement”, Resolution Institute, Newcastle, 10 August 2018

 ·       “Ethical Duties of Legal Practitioners in the Resolution of Disputes”, 23 March 2018, Newcastle Law Society

 ·       “An introduction to International Arbitration”, Tonga, 19 & 20 September 2017

 ·       “Dispute Resolution in Sport”, TEN, Melbourne, 19 May 2017

 ·       “Alternative Dispute Resolution – Refining Skills for Early Resolution”, TEN, Armidale, 12 February 2017, Sydney, 22 March 2017; NSW Bar Association, 13 March 2017

 ·       “International Arbitration in the Asia Pacific – Australia’s contribution to Regional Jurisprudence”, Maxwell Chambers, Singapore, 8 December 2016

 ·       “Managing International Arbitration with a South East Asian Dimension: A Masterclass for Arbitration Users”, Singapore, 7 December 2016, Chair (a conference co-presented by 12 Wentworth Selborne Chambers, the ICC, Stephenson Harwood and Latham & Watkins)

·       “Bird & Bird, Dispute Resolution in the Asia Pacific – Navigating international arbitration and litigation”, 24 May 2016

·       “Mediating to Succeed”, Far North Coast Law Society Annual Conference, 20 February 2016

·       “Alternate Dispute Resolution in Sports” NSW Bar Association, 31 March 2015

·       “Emergency Arbitration Procedures”

  • Arbitrating Disputes in South East Asia: A Masterclass for In-House Counsel and Business  Representatives, Singapore, 2 June 2014

·     “When to Mediate?”

 

Publications

Recent ADR related publications “The Future of Alternative Dispute Resolution in Sport: The National Sports Tribunal”, Resolution Institute, “arbitrator and mediator”, September 2020   “New Singapore Convention set to bring greater certainty to international arbitration”, NSW Law Society Journal, October 2019   “The costs of failing to attend a Court-ordered mediation”, NSW Law Society Journal, June 2017   “Ethical Obligations of parties to a mediation” Australian Civil Liability, May 2015

Compliance

* IMI Code of Professional Conduct

* Legal Profession Uniform Law 2015 (NSW) and the Legal Profession Uniform Conduct (Barristers) Rules 2015

* Law Council of Australia's, "Ethical Guidelines for Mediators"

* Resolution Institute

* National Mediator Accreditation Standards

* IMI Professional Conduct Assessment Process

* New South Wales Bar Association

* Resolution Institute

* National Mediator Accreditation Standards

* I hold professional indemnity insurance under which liability is limited by Professional Standards Legislation

Contact
Anthony Lo Surdo S.C.
Barrister Advanced Mediator Arbitrator
8 Wentworth Chambers, Sydney; Lonsdale Chambers, Melbourne; William Forster Chambers, Darwin; Outer Temple Chambers, London, Dubai; Arbitra, London and Washington DC
(+61) (02) 8028 6063
Australia
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