In 2016, Anthony was appointed as a Mediator and Arbitrator of the Court of Arbitration for Sport (football and general lists). He has served the CAS with distinction in various procedures since that time as both the President of Panels and as co-arbitrator. In 2018, he served on the CAS Ad Hoc Panel for the Asian Games in Jakarta.
In 2019, Anthony was appointed to the International Panel of Sport Resolutions (UK).
In 2019, Anthony was also appointed as a member of the International Tennis Federation (ITF) International Panel for the Davis Cup and in 2020 to the same panel for the Fed Cup.
In 2020, he was appointed as Chair of an ITF Independent Tribunal Panel to determine a dispute between the ITF and a Member National Federation.
He is a panel member of The Football Association (FA) UK and has chaired three Regulatory Commission hearings for the FA, each of which concerned alleged breaches by participants of The FA Rules including the Association’s safeguarding regulations.
Anthony is a member of the Football Australia (FA) Appeals Committee and has since 2008, determined both disciplinary and non-disciplinary disputes that have arisen between the FA, Member Federations, Clubs, and Players mostly involving players and coaches of international repute.
He is also a member of the FA Disciplinary and Ethics Committee since 2008 and has determined disciplinary issues arising from on-field incidents involving players and coaches of international repute competing in the A-League, Australia’s Premier National football league.
As Chair of the Football NSW (FNSW) Appeals Tribunal since 2012, Anthony has determined appeals involving both disciplinary and non-disciplinary disputes that have arisen between FNSW, Members of FNSW, Clubs and Players.
Anthony is the acting Racing Appeals Tribunal of New South Wales and has determined appeals heard on a de novo basis from first instance decisions in the thoroughbred, harness racing and greyhound racing industries.
He is one of the inaugural members of the National Sports Tribunal (Australia).
Anthony has also been selected to serve on other sports tribunals including for Surf Life Saving Australia and Australian Sailing.
In July 2022 Anthony was also admitted to the Federation Court for the Commonwealth Games, Birmingham UK 2022.
Anthony has appeared for banks and other financial institutions in relation to diverse issues including in relation to the enforcement of security interests, financial instruments and banker/customer disputes.
Anthony has over 35 years’ experience appearing in a myriad of commercial disputes ranging from high-value banking, sale of goods, corporate insolvency, shareholder issues, property and financial markets regulatory matters to representing the interests of directors in relation to breach of duties and insolvent trading claims. He has also advised and appeared in relation to merger-related disputes.
Anthony has advised and appeared for insurers and reinsurers in relation to indemnity issues, professional indemnity claims (including advising and appearing in defence of surveyors, architects, valuers, brokers, town planners, builders and lawyers) and product liability claims.
Anthony is a highly regarded and sought-after mediator. He is particularly adept at manoeuvring the intricacies of complex multi-party disputes to focus on the real issues in dispute with a view to facilitating resolution.In January 2016, Anthony was appointed by the International Council of Arbitration for Sport (ICAS) as a mediator of the Court of Arbitration for Sport (CAS) and in February 2019 he was appointed to the mediation panel of Sport Resolutions (UK).
As part of his ongoing commitment to excellence in mediation, in 2017 Anthony attained certification as a mediator by the International Mediation Institute and the Singapore International Mediation Institute and in doing so joins a select number of mediators in Australia to achieve that qualification and the only Silk.
In June 2021, Anthony was appointed by the Government of the Northern Territory of Australia to an inaugural panel of mediators under the Petroleum Regulations, 2020.
In recognition of his experience in mediation, in July 2021 Anthony was accredited as a mediator by the Mediator Accrediting Council of Papua New Guinea. He has also been accredited as a coach and instructor of advanced mediation training in Papua New Guinea.
Anthony is also a member of the AIAC Mediation Panel, the ACICA Mediation Panel and the Resolution Institute Panel of Advanced Mediators. At its invitation, Anthony has also recently joined the inaugural mediation panel of the Abu Dhabi Global Market Arbitration Centre (ADGM).
Testimonals
- “Our confidence in Mr Lo Surdo proved to be well placed. Whilst the matter did not settle at mediation on the day, it settled shortly after. In my opinion the settlement of the dispute (which had been the subject of 2 previous rounds of difficult negotiations) occurred in consequence of Mr Lo Surdo’s assistance as Mediator." (Partner of a National Law Firm).
- “This was a tough mediation. There were so many obstacles to settlement so the fact that the parties achieved a resolution is a credit to Anthony.” (Partner of a National Firm).
- "It was a pleasure working with a mediator who had obviously read the brief, was thoroughly prepared and was willing to engage with the issues." (A NSW Silk)
- "Ability to quickly determine and articulate the issues in contention allowing parties considerable time to focus on achieving outcome...an experienced commercial negotiator who was able to challenge both parties in their thinking on their respective positions." (Head of Legal, National Charity)
- “Text book mediation! I really appreciate the balanced way you approached it. Hopefully we’ll get to work together again one day.” (Head of Legal, Foreign Exchange Dealer)
- "The mediator quickly identified the real issues in the Proceedings, informed all parties of the appropriate litigation risk that existed and assisted in negotiating an agreeable settlement for all parties involved." (Partner of a National Firm)
- "It was a difficult case. I thought settlement was unlikely. It was a long day, but through Mr Lo Surdo’s perseverance and good advice, it settled. It helped that he was not shy in offering his opinion." (Junior Counsel, NSW Bar)
- "...thanks to you for your excellent management of a complex and sometimes fractured day. I look forward to the next time you get to mediate one of my matters!" Senior junior barrister, NSW Bar
- "Thank you very much...for your patient and skilful guiding of the matter to a resolution." Senior counsel, NSW Bar
- "...I have a high opinion of the way you conducted the mediation. It was exemplary. The savings to the parties and the public purse must be immense." Senior junior barrister, NSW Bar
- "Thanks for all your work today. It was a real pleasure to have a mediator who didn’t give up and assisted the parties seeing the real issues." Senior junior barrister, NSW Bar
Anthony formed part of an arbitral panel concerning a high dollar value international media rights dispute.
As Arbitrator
- March 2022, Appointed as Sole Arbitrator in an Australian domestic commercial arbitration involving a dispute between joint venture partners with a value exceeding $A5 million.
- July 2020, Anthony was appointed by a party in a commercial dispute.
- May 2020, Anthony was appointed as Sole Arbitrator in a commercial dispute.
- April 2020, Sole arbitrator in a domestic commercial dispute
- October 2019, Anthony was appointed President of a panel in a commercial dispute.
- August 2019, Anthony was appointed President of a panel in a good governance appeal.
- June 2019, Anthony was appointed as the sole arbitrator by parties in a disciplinary matter.
- February 2019, Anthony was appointed by a party in a commercial dispute.
- December 2018, Anthony presided over a hearing of a CAS Appeal Panel in a disciplinary matter arising in Asia.
- September 2018, Anthony was appointed as a sole arbitrator of an appeal to CAS from a determination of a single judge of the FIFA Players’ Status Committee which was heard in Shanghai.
Sports-Related Arbitral Appointments
- Chair of a Football Australia Dispute Resolution Chamber Panel concerning a commercial/employment-related dispute, May 2022
- Co-Arbitrator in a CAS arbitration concerning a commercial/employment-related dispute originating in South East Asia, April 2022.
- Sole Arbitrator in a CAS arbitration concerning a commercial/employment-related dispute originating in South East Asia, March 2022.
- Chair of a National Sports Tribunal (Australia) panel concerning member protection issues, November 2021
- President of a CAS panel in a commercial/employment-related dispute originating in the Middle East, November 2021.
- Co-Arbitrator of an independent panel established by Australian Sailing concerning code of conduct issues, March 2021
- President, Appeal Panel (disciplinary appeal), January 2018.
- Ad hoc panel for the Commonwealth Games, Gold Coast, Australia, April 2018.
- Sole arbitrator (appeal from a determination of a single judge of the FIFA Players’ Status Committee), May 2018.
- Ad hoc panel for the Asian Games, Jakarta, Indonesia, August/September 2018; President, Appeal Panel (eligibility appeal)
- President, CAS Appeal Panel (disciplinary appeal), November 2018
- Party appointment (commercial dispute), February 2019
- Sole arbitrator (disciplinary appeal), June 2019.
- Party appointment (commercial dispute), June 2019.
- President, Appeal Panel (good governance appeal), August 2019.
- Sole arbitrator (eligibility appeal), September 2019.
- Ad hoc panel for the FIBA World Cup, September 2019.
- Presidential appointment (commercial dispute), October 2019.
- Sole arbitrator (commercial dispute), May 2020.
- Party appointment (commercial dispute), June 2020.
- ITF Independent Tribunal.
- Member, ITF Independent Tribunal, Davis Cup Finals Series, November 2019
- Chair, ITF Independent Tribunal (good governance dispute), February 2020.
- Chair, NSW Surf Life Saving Judiciary Committee (Member Protection), April 2020.
- Co-arbitrator, Australian Sailing Independent Tribunal (Member Protection), July 2021.
- Chair, Football Australia in an arbitral proceeding concerning a contractual claim by an international footballer, September 2021.
- Chair, National Sports Tribunal in an arbitral proceeding involving an issue arising under a member protection policy of a national sports organisation, October 2021.
- Chair, National Sports Tribunal in a disciplinary – master of public policy, November 2021.
FA Arbitral Appointments
- Panel Member, FA Disciplinary & Ethics Committee (DC), (disciplinary), December 2010.
- Panel Member, FA DC (disciplinary), January 2011.
- Panel Member, FA DC (disciplinary), December 2011.
- Chair, FA Dispute Resolution Chamber (DRC) (commercial), December 2012.
- Panel Member, FA DC (disciplinary), November 2013.
- Panel Member, FA DC (disciplinary), August 2014.
- Panel Member, FA DC (disciplinary), March 2015.
- Panel Member, FA DC (disciplinary), February 2016.
- Panel Member, FA Appeals Committee (AC) (disciplinary), May 2016.
- Panel Member, FA DC (disciplinary), February 2017.
- Chair, FA DC (disciplinary), February 2017.
- Panel Member, FA DRC (commercial), June 2017.
- Panel Member, FA DC (disciplinary), December 2017.
- Panel Member, FA DC (disciplinary), March 2019.
- Chair, FA DC (disciplinary), January 2020.
- Panel Member, FA DC (disciplinary), June 2020.
- Deputy Chair, FA DC (disciplinary), April, 2021.
- Chair, FA DC (disciplinary), May 2021.
- Deputy Chair, FA DC (disciplinary), May 2021.
- Chair, FA DC (disciplinary), June 2021.
- Co-arbitrator, FA AC (Disciplinary), August 2021.
- Co-chair, FA DC (disciplinary), April 2022.
- Co-arbitrator, FA DC (disciplinary), May 2022.
Football NSW Appeals Tribunal Arbitral Appointments
- Chair, (disciplinary appeal), September 2012.
- Chair, (eligibility appeal), November 2012.
- Chair, (eligibility appeal), November 2012.
- Chair, (eligibility appeal), November 2012.
- Chair, (eligibility appeal), November 2012.
- Chair, (disciplinary appeal), August 2013.
- Chair, (disciplinary appeal), September 2014.
- Chair, (disciplinary appeal), December 2014.
- Chair, (disciplinary appeal), March 2015.
- Chair, (disciplinary appeal), May 2015.
- Chair, (disciplinary appeal), August 2015.
- Chair, (disciplinary appeal), December 2015.
- Chair, (disciplinary appeal), January 2016.
- Chair, (disciplinary appeal), February 2016.
- Chair, (disciplinary appeal), June 2016.
- Chair, (disciplinary appeal), July 2016.
- Chair, (disciplinary appeal), August 2016.
- Chair, (disciplinary appeal), October 2016.
- Chair, (disciplinary appeal), July 2017.
- Chair, (disciplinary appeal), August 2017.
- Chair, (disciplinary appeal), September 2017.
- Chair, (disciplinary appeal), November 2017.
- Chair, (disciplinary appeal), May 2018.
- Chair, (disciplinary appeal), October 2018.
- Chair, (disciplinary appeal), February 2020.
- Chair, (disciplinary appeal), May 2020.
- Chair, (disciplinary appeal), April 2021.
- Chair, (disciplinary appeal), May 2021.
Racing Appeals Tribunal
- Sole arbitrator, harness racing appeal (stay application), June 2019.
- Sole arbitrator, harness racing (leave to withdraw appeal), June 2019.
- Sole arbitrator, harness racing (stay application), June 2019.
- Sole arbitrator, harness racing (hearing de novo, breach rules of racing/sanction), July 2019.
- Sole arbitrator, thoroughbred racing (application to extend time to appeal), September 2019.
- Sole arbitrator, thoroughbred racing (hearing de novo, breach rules of racing/sanction), December 2019.
- Sole arbitrator, harness racing (leave to withdraw appeal), January 2021.
- Sole arbitrator, thoroughbred racing (hearing de novo, breach of rules of racing/sanction – conduct alleged to be prejudicial to the image, interests and integrity of racing), March 2021.
- Sole Arbitrator, harness racing (animal welfare), July 2021.
- Sole Arbitrator, harness racing (disciplinary), August 2021.
- Sole Arbitrator, (disciplinary) September 2021.
- Sole arbitrator, (disciplinary), March 2022.
As Counsel
Anthony has advised and/or has appeared for:
- Australian Securities and Investments Commission in relation to breaches of continuous disclosure provisions, breaches of market manipulation requirements, misleading and deceptive conduct and unconscionable conduct, and disciplinary proceeding involving insolvency practitioners.
- Banks and other financial institutions in relation to the enforcement of security interests and banker/customer disputes.
- Creditors of insolvent companies and individuals.
- Directors in relation to breach of directors’ duties and insolvent trading claims.
- Insolvency administrators (voluntary administrators, receivers, trustees in bankruptcy and liquidators).
- Insurers in relation to indemnity issues generally, professional indemnity (including advising and appearing in defence of surveyors, architects, valuers, brokers, town planners, builders and lawyers) and product liability.
- Lessors (including major shopping centre proprietors) and lessees in relation to disputes which have arisen between them (including proceedings for possession and for relief against forfeiture).
- Vendors and purchasers of land, builders and developers.
- Corporations and individuals in relation to contractual disputes (including share sale agreements and agreements for the sale of interests in other personal property).
- Professional Sportspersons, Clubs and Associations including for Triathlon Australia in 2012 in an arbitration hearing which concerned an appeal by World Champion Emma Snowsill against her non-inclusion in the Australian Olympic Team, for athletes charged with breaches of the world anti-doping regulations and for Kurtley Beale in a code of conduct hearing brought by the Australian Rugby Union (ARU) in the ARU Code of Conduct Tribunal.
As Mediator
Anthony is accredited as an advanced mediator by Resolution Institute (formerly LEADR). He is also accredited the New South Wales Bar Association under the National Mediator Accreditation System Standards (NMAS). He is ranked by “Doyle’s Guide to the Australian Legal Profession” as a leading mediator in New South Wales, 2018-2021.
Anthony has acted as mediator in a vast array of matters since he was first accredited over 25 years ago. He has mediated hundreds of complex disputes and uses his 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 in the mediation to assist in facilitating a fair and efficient resolution to a dispute.
Anthony’s work as a mediator includes:
- Banking disputes
- Contractual disputes
- Claims arising from the sales of goods
- Corporations law disputes including claims arising from insolvency
- Partnership disputes
- Franchise disputes
- Disputes between joint venturers
- Disputes between lenders and valuers involving allegations of negligent property valuation
- Medical negligence
- Claims for compensation by victims of institutional abuse
- Claims involving negligence of lawyers
- Claims involving the negligence of town planners
- Claims involving the negligence of accountants
- Claims against investment advisors including financial planners
- Claims against directors and officers
- Employment disputes
- Claims involving restraints of trade
- Claims involving damages for personal injury
- Shareholder disputes
- Succession claims
- Planning disputes
- Building and construction claims
- Property disputes
- Sports disputes
As Expert Determiner
- Dispute between shareholders/directors of a private company, February 2020
- Dispute between a landlord and tenant premises concerning force majeure arising from Covid-19, April 2022.