Daniel Fielding

Senior Associate - Dispute Resolution

Daniel is a Senior Associate in the Dispute Resolution team, specialising in international arbitration (both commercial and investment treaty), public law, risk management, and trade disputes. Daniel acts for governments, state-owned enterprises, multi-national corporations, financial institutions, large exporters, construction firms, and energy and resources operators. He acts for clients in international commercial arbitrations, litigation, regulatory investigations, and disputes. His risk management work covers international trade risk, judicial review and regulatory reform, anti-bribery and corruption, modern slavery and supply chain risks, employment, immigration, and health and safety.

Daniel brings international experience having worked at a top-tier international firm in Sydney, where he advised on all aspects of international arbitration, anti-bribery and corruption, climate change litigation risk, and modern slavery and supply chain risks. Daniel is admitted in both New Zealand and Australia.

Related Articles

image

24 September 2021

Does New Zealand need a Modern Slavery Act?

image

22 June 2021

Carbon Border Adjustment Mechanisms: Accounting for our carbon fo...

image

24 March 2021

Addressing modern slavery: What New Zealand businesses should kno...

Professional background

Recent work

International Commercial Arbitration

Commenced SIAC arbitrations for disputes arising out of a coal mine in Indonesia; defended a state-owned enterprise in a SIAC arbitration for a dispute arising out of an independent power project in the United Arab Emirates; and commenced enforcement proceeding of a SIAC award before the Federal Court of Australia for a dispute involving a mine in Vietnam and advised on the setting aside application of the same award before the High Court of Singapore.

Investment Treaty, Trade and Public International Law

Advised a foreign government on its free trade agreement negotiations with New Zealand; commenced enforcement proceedings of an $5.8 billion ICSID award before the Federal Court of Australia against a foreign government;  advised an industry association concerning its international law obligations arising from commercial arrangements with a Moroccan state-owned enterprise for the importation of phosphate rock sourced from the disputed Western Sahara.

Anti-Bribery and Corruption, Modern Slavery and Supply Chain Risk

Provided modern slavery and supply chain risk advice, including updating contractual clauses, responding to due diligence requests, drafting policies and modern slavery statements, and assisting with modern slavery risk assessments. Provided advice regarding the listing of an entity onto a trade sanctions list by the Bureau of Industry and Security of the US Department of Commerce in connection with allegations of human rights violations and forced labour.

Public Law, Regulatory and Economic Affairs

Provided judicial review advice to a prominent chamber of commerce for challenging a significant local council policy decision. Assisted a range of industry and trade associations with responses to regulatory reforms and select committee submissions.

Employment, immigration, and health and safety

Provided ongoing general employment advice to a range of clients, including drafting employment agreements and HR policies, restructuring and redundancies, and disciplinary investigations. Advised on workplace accidents (including WorkSafe New Zealand investigations and prosecutions), health and safety policies (including bullying and harassment, and drug and alcohol policies), conducting disciplinary investigations in the event of health and safety breaches, and compliance with health and safety obligations and audit checks.

Admitted

  • 2018, Australia
  • 2011, New Zealand

Qualifications

  • LLM (International Arbitration and Dispute Resolution), National University of Singapore
  • LLB, Victoria University of Wellington
  • BA (History and International Relations), University of Auckland

Affiliations

  • Accredited Arbitral Tribunal Secretary, Hong Kong International Arbitration Centre
  • Member, Wellington Club
  • Asia New Zealand Foundation, Leadership Network Member
  • Alternate Board Member, New Zealand International Business Forum

Specialisations

  • Dispute Resolution and Litigation
  • Arbitration
  • Employment
  • Health and Safety
  • Immigration
  • Public Law and Regulatory
  • Government
  • International Trade