Kala Campbell
In this edition of the Bulletin’s series celebrating Australian ADR Award recipients and their critical work, we spoke with Kala Campbell, who was named 2024’s Under 30 Practitioner of the Year at the Australian ADR Awards.
A Senior Associate at Corrs Chambers Westgarth, Kala is widely respected for her expertise in domestic and international arbitration, particularly in high-value onshore and offshore construction disputes. Her work spans all stages of complex disputes—from strategic claim development to formal arbitration proceedings—with a strong emphasis on early-stage conflict resolution to prevent disputes from escalating unnecessarily. Kala’s commitment to innovation in dispute resolution reflects the growing importance of ADR in construction and energy disputes, where technical complexity, global enforcement, and industry-specific expertise shape the landscape.
Beyond her practice, Kala is an active leader in the ADR community. She serves on the ACICA45 Steering Committee, is a member of Young ICCA, the Society of Construction Law Australia (SoCLA), and the Chartered Institute of Arbitrators (CIArb), and contributes to mentorship in the field. Her recognition as a 2024 Best Lawyers “One to Watch” and a finalist for Rising Star of the Year: Big Law (2021) further underscores her reputation as a trailblazer in arbitration and ADR.
What initially drew you to pursue a career in arbitration and mediation, and how has your perspective on ADR evolved throughout your career?
When I started as a Graduate, I chose Corrs because of its market-leading dispute resolution practice. The Projects and Arbitration teams at Corrs are known for handling high-value, complex arbitrations, and I wanted the opportunity to work on these types of cross-border global disputes. The international nature of these matters was particularly attractive to me. I was eager to develop the skills necessary to navigate the complexities created by the interaction of different jurisdictions, both from a legal perspective and culturally. Having lawyers, clients, witnesses, experts, and tribunals spread across various parts of the world presents challenges that do not arise in domestic litigation. These logistical, procedural, and jurisdictional hurdles make international arbitration dynamic and exciting.
One thing I quickly learned after starting my career at Corrs is that negotiation and mediation—prior to formal dispute resolution—are a huge part of a dispute lawyer’s day-to-day role. Many matters never actually make it to a hearing room, and a significant amount of my time has been spent facilitating negotiations and finding resolution before a dispute escalates to formal proceedings.
At the beginning of my career, I viewed ADR primarily as a tool for resolving disputes outside of the courtroom, often in the form of arbitration. However, as I gained more experience, I realised the value of early-stage dispute resolution, saving clients’ valuable time and money by avoiding formal dispute resolution is an important part of our role. ADR became a means of preventing disputes from growing larger.
How has being named “ADR Practitioner of the Year 2024” award influenced your legal practice and professional growth in ADR?
Receiving the award was both a surprise and a huge honour. Reflecting on its impact on my practice, two key aspects stand out to me.
First, the award has provided me with a platform to engage more meaningfully in mentoring and thought leadership. Visibility is important. Throughout my career I have been passionate about supporting younger professionals in their development and fostering a collaborative learning environment. The award brings credibility which has and will continue to give rise to opportunities to share my experiences with others.
Second, it has allowed me to expand my professional network, particularly within the ADR community. Building a professional brand is essential, and it requires stepping outside your comfort zone. This award has given me the chance to connect with and collaborate alongside other leaders in the ADR field. Learning from my peers ensures that I stay abreast of best practices and adapt to emerging trends.
Your career has focused on complex, technical, and time-sensitive disputes in the construction and energy sectors. How have the unique dynamics of these industries shaped dispute resolution strategies and outcomes?
Disputes in the construction and energy sectors are often involve large-scale, highly technical projects with multiple stakeholders, tight deadlines, and significant financial investments. ADR can be particularly beneficial in those circumstances. First, the financial stakes in large construction projects and energy disputes make risk management strategies essential. Preemptive dispute avoidance techniques such as effective contract administration assist our clients in avoiding disputes. Key contracts in the construction and energy sectors will often have escalation clauses which require parties to attempt negotiation or alternative methods (like mediation) before resorting to more formal dispute resolution like arbitration or litigation. This approach helps to minimise the need for formal dispute resolution and maintain a cooperative relationship between the parties.
When disputes do arise, ADR can assist to resolve issues in an expeditious manner. We commonly see disputes in the construction and energy sectors being resolved by fast-tracked dispute resolution through engaging industry-specific experts or experienced practitioners with specific industry knowledge to provide binding recommendations by way of expert determination or adjudication. This type of alternative dispute resolution is essential to ensure that construction projects keep moving and to minimise any delays or disruptions that can lead to major operational impacts, especially for projects tied to critical infrastructure.
Once a matter is proceeding to formal dispute resolution arbitration (as opposed to litigation), there are at least four key advantages for disputes in the construction and energy sectors.
First, global construction or energy projects may involve parties that are not domiciled in Australia or do not hold majority of their assets in Australia. International arbitration allows for global enforcement of arbitral awards in jurisdictions that have adopted the NY Convention.
Second, the timing in an arbitration is flexible and can be tailored to expedite proceedings to resolve disputes more quickly.
Third, the parties can tailor the tribunal to select practitioners with industry or matter specific experience, or industry experts. This is particularly useful when the dispute is highly technical.
Fourth, construction and energy projects typically involve multiple parties, such as contractors, subcontractors, suppliers, developers, regulatory authorities or government agencies. When a dispute arises, it may involve multiple parties and multiple contracts. In certain circumstances, international arbitration gives the parties flexibility to resolve multi-party, multi-contract disputes in one forum.
What qualities or skills do you believe are essential for success in arbitration and mediation?
I think the key skills and qualities required to be successful in arbitration and mediation or any other ADR are the same skills required to be successful as a lawyer practising in any area. Three key things are:
First, technical skills. Working on complex disputes demands strong technical abilities across multiple areas of expertise. In my view, these skills can be broadly categorised into two key areas: legal and forensic. Legal skills involve the ability to identify, understand, and apply relevant law to the facts of a case. Forensic skills, on the other hand, are critical for reviewing and analysing documentary, lay, and expert evidence, in order to develop compelling arguments and draft persuasive submissions. Skills in both areas are essential for building a solid foundation in dispute resolution.
Second, work ethic. Engaging with large-scale disputes presents unique challenges, and the more effort you invest, the more you will grow as a practitioner. A strong work ethic is indispensable.
Third, support. Support plays a critical role in both the personal and professional dimensions of a legal career. Professionally, it is about surrounding yourself with a supportive team that is invested in your success and growth. A collaborative environment, with colleagues, mentors, and peers offering guidance, feedback, and encouragement, helps you develop your skills and confidence. Personally, having the support of family and friends—those who believe in you and cheer you on— can make a huge difference.
With globalisation and technological advancements reshaping the ADR landscape, what key trends do you foresee defining the field over the next decade?
The intersection of globalisation and technological advances will certainly have an impact on the ADR landscape in the future, in many different ways. Globalisation is likely to result in a rise in the number of cross border commercial disputes. The number of arbitrations will increase as parties seek to find a neutral forum to resolve their dispute, which has the benefit of enforcement of an award in a number of different jurisdictions.
With the rise of cross-border disputes, the use of technology in arbitration will also continue to evolve. Virtual hearings, which gained widespread use during the COVID-19 pandemic, have proven to be effective in allowing parties to participate in hearings remotely. This trend is likely to continue as technology improves, offering even greater flexibility, cost-effectiveness and accessibility. A number of arbitral institutions have adopted protocols for virtual hearings. We may see enhanced versions of online hearing platforms with additional features including real time language translation, automated transcription, and automatic digital evidence management. Those features will save parties time and cost.
In a world where the number of cross border disputes is increasing, there will be a greater number of enforcement challenges. It will be interesting to see how domestic courts in different jurisdictions approach applications under the grounds for refusal to recognise or enforce an award under the NYC – especially as evolving technologies are used in the arbitral process. While these grounds for refusal are generally well understood, domestic courts in different jurisdictions will need to grapple with a modern-day application of concepts such as due process which may generate an interesting body of case law over the coming years.