Malcolm Holmes QC is a Chartered Arbitrator at Eleven Wentworth
Chambers in Sydney and an arbitrator member of chambers at 20 Essex
Street, London and at Maxwell Chambers in Singapore.
After initially commencing an engineering degree at the University of NSW,
he transferred to law, and obtained degrees in Arts and Law from Sydney
University, NSW, Australia, and then a Bachelor of Civil Law from Oxford
University, UK. He was appointed Queen’s Counsel in 1991.
He is an experienced arbitrator, senior counsel and academic exclusively
involved in international and domestic arbitration. He has acted as an
arbitrator in a wide range of disputes. He is an Adjunct Professor of Law at
the University of Queensland in International Commercial Arbitration and a
Professorial Visiting Fellow to the University of NSW in International
Commercial Arbitration.
International Arbitration:
Current appointments include acting as the chair of the arbitral tribunal in a
construction arbitration being conducted under the ICC Arbitration Rules
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relating to the construction of underwater gas pipelines to an offshore LNG
plant, and acting as sole arbitrator in an arbitration arising out of the partial
destruction of a power plant in Fiji.
Recent appointments include acting as a sole arbitrator in a maritime
arbitration seated in Hong Kong, acting as the sole arbitrator in a
commercial arbitration concerning a major land development dispute
involving a claim of US$150,000,000 seated in Malaysia under an ad hoc
arbitration agreement and as the sole arbitrator in two construction
arbitrations appointed by the Singapore International Arbitration Centre
(SIAC), between Singaporean and Japanese parties, one arbitration was
conducted under the 2010 SIAC Rules, and the other under the 2007 SIAC
Rules. Other recent appointments include acting as a party appointed
arbitrator in an international commercial arbitration seated in Hawaii arising
out of a dispute over the ownership of a business located in Ireland
conducted under the LCIA Arbitration Rules.
Maritime Arbitration:
He has acted as counsel and as arbitrator in the area of maritime law and
maritime arbitration since the 1980s. His first involvement was as counsel
on behalf of the Master of a sailing vessel in a Court of Marine Inquiry
concerning a fatality arising out of a collision between a sailing vessel and
the Manly Ferry on Sydney Harbour. He has been a member of the Maritime
Law Association of Australia and New Zealand (MLAANZ) since 1982.
In the 1980s he visited the offices of COSCO in Beijing with a delegation
from MLAANZ where he gave presentations on collisions at sea and the
Collision Regulations.
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Subsequently he appeared in a range of maritime cases as junior and later
senior counsel, instructed by the maritime law firms of Ebsworths &
Ebsworths in Sydney and Sparke Helmore in Newcastle. Recent cases
include the litigation arising out of the collision between a ferry and a motor
cruiser on Sydney Harbor in which six passengers died.
Additionally, he has acted as sole arbitrator, party appointed arbitrator and
chair in several maritime arbitrations mainly involving charter party disputes
and ship construction in Australia and Hong Kong. He is also a supporting
member of the LMAA and was a presenter at ICMA, XIX, in Hong Kong in
2015.
CAS:
In addition he has since 1995 acted as arbitrator in a broad variety of
disputes in Japan, North America, England, Europe and Australia conducted
under the rules of the Court of Arbitration for Sport based in Lausanne,
Switzerland.
International Arbitration Panels:
He is a member of the panel of international arbitrators maintained by the
International Centre for Dispute Resolution of the AAA (ICDR), Singapore
International Arbitration Centre (SIAC), China International Economic and
Trade Arbitration Commission (CIETAC), the Australian Centre for
International Arbitration (ACICA), the Hong Kong International Arbitration
Centre (HKIAC), the Kuala Lumpur Regional Centre for Arbitration
(KLRCA), the Mauritius Chamber of Commerce and Industry (MCCI), the
Japanese Commercial Arbitration Association (JCAA), the Korean
Commercial Arbitration Board (KCAB), the Badan Arbitrase Nasional
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Indonesia (BANI), the Malaysian Institute of Arbitrators (MIArb), Court of
Arbitration for Sport (CAS) and the Shanghai Arbitration Commission
(SHAC). He is an Associate Member of the Perth Centre for Energy and
Resources Arbitration (PCERA).
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