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Malcolm Holmes QC

BA, LLB (Sydney), BCL (Oxon)

Areas of expertise

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Clerks [at] 20essexst [dot] com

Malcolm Holmes QC is a chartered arbitrator primarily based in Sydney (www.11thfloor.com.au). He was admitted as a barrister in New South Wales in1977 and appointed Queen's Counsel in 1991. In November 2006 he was appointed an Adjunct Professor at the University of NSW and at Sydney University in July 2008. He is a member of the LCIA, a member of the Board of Trustees of the Chartered Institute of Arbitrators, a director and Fellow of the Australian Centre for International Commercial Arbitration (ACICA) and a Fellow of the Institute of Arbitrators and Mediators Australia (IAMA). He is a member of the panel of international arbitrators for the International Centre for Dispute Resolution (ICDR), the Singapore International Arbitration Centre (SIAC), the China International Economic and Trade Arbitration Commission (CIETAC) and the Korean Commercial Arbitration Board (KCAB). He has also acted as an arbitrator with the Court of Arbitration for Sport (CAS) based in Lausanne, Switzerland since 1995 and was a member of the Ad Hoc Division of CAS at the Athens Olympic Games in 2004 and at the Torino Olympic Games in 2006.

Specialisations: 

International commercial and sports arbitration

Education and Career: 

Bachelor of Arts, University of Sydney (1971) Bachelor of Laws, University of Sydney (1973) Bachelor of Civil Law, Oxford University, England (1976)

Publications: 

"The CAS: a case study of an International Arbitration Institution" (2005) 27 Australian Bar Review 56

A review, 4th Edition of Bernstein's Handbook of Arbitration and Dispute Resolution Practice, (2005) Volume 24, Civil Justice Quarterly (UK) 483 - 486

"The Ad Hoc Division of CAS at the XX Olympic Games in Torino", [2006] International Sports Law Review 58

A review of "Investment Arbitration and the Energy Charter Treaty", edited by Clarisse Ribeiro, JurisNet LLC, 2006, for the Institute of Arbitrators and Mediators Australia (IAMA) Journal, 2007

"The art of writing an effective international arbitration clause", The Australian Corporate Lawyer, June 2007, Vol 17, at p12

"The Full Court of the Federal Court of Australia Clarifies the Law in Relation to Arbitration Agreements in Landmark Decision", (2007) 26 The Arbitrator & Mediator 55

"Drafting an effective arbitration clause", (2009) 83 Australian Law Journal 305-318

Appointments and Society Memberships: 

CIArb, IAMA, ACICA, LCIA, ICDR, SIAC, CIETAC, KCAB

Lectures and Teaching: 

Adjunct Professor, University of NSW (November 2006) Adjunct Professor, Sydney University (July 2008) Convenor and lecturer in the Diploma of International Commercial Arbitration, conducted by the University of NSW and the Australian Branch of the Chartered Institute of Arbitrators in 2006, 2007 and 2009 in Sydney, and with the Malaysian Branch of the Chartered Institute of Arbitrators in 2008 in Kuala Lumpur, Malaysia.

Quotes: 

He was named in The World's Leading Experts in Commercial Arbitration, 7th Edition, 2008 and in the 2008 and 2009 Best Lawyers® list for Australia in the specialty of Arbitration and Mediation.