Profile description
David is a practising barrister in England & Wales and was called in 2009 (Lincoln’s Inn). He is an Advocate in the Faculty of Advocates (Scottish Bar), where he called in 1999 and took Silk in 2017. He is also a non-practising member of the Northern Irish Bar, calling in 2016. David is believed to be only the second Scottish advocate to hold the triple membership, and to be one of only a very few English, Welsh or Northern Irish barristers to ever have achieved the same.
David holds the degrees of LLB(Hons) (University of Aberdeen) and PhD (University of Edinburgh). He also has Diplomas in Legal Practice (University of Aberdeen) and International Commercial Arbitration (Chartered Institute of Arbitrators).
He is recognised as one of the leading Silks in Scotland in arbitration, in both international and domestic arbitrations (Scottish and English seats). He has acted as counsel in a range of international cases under various institutional rules.
David is a Fellow of the Chartered Institute of Arbitrators (FCIArb), holds Chartered Arbitrator Status and is on the panels of many worldwide arbitration institutions. He has held Higher Rights of Audience before the Dubai International Finance Centre (DIFC) and has appeared before the Eastern Caribbean Supreme Court. He is Honorary Professor of International Arbitration in the School of Law, University of Aberdeen. He is also an Accredited Mediator (CEDR) and has acted as counsel to mediations as well as having accepted appointments as mediator.
He was appointed as an ad hoc (part time) Advocate Depute (Crown Counsel) in 2012 which was renewed in 2017. In 2011, David was also appointed as Security Cleared Special Counsel.
Arbitration
- Contractor v Sub-contractors (Seat, Abu Dhabi, ADCCAC) (2019) Arbitration in respect of development works in a large Infrastructure project. (Co-arbitrator).
- X v Y (Scottish Seat, Ad hoc) Dispute in relation to the sums liable under a Full Repairing and Insuring Commercial Lease between two commercial entities based in Scotland. (2019) Arbitrator.
- International Credit Card Company v. Debtor (English Seat, Ad hoc) Documents only arbitration in respect of debt. (2019) Arbitrator.
- Litigation Funder v. Professional Body (Scottish Seat, Ad hoc) Dispute in relation to sums claimed under the Late Payments of Commercial Debt Regulations. (2019) Counsel.
- A Scottish Company v US Oil Major (London Seat, LCIA) (2017-2018) £6m claim against an oil major in respect of outstanding invoices for hire of oil and gas equipment and claims in respect of infringement of IP Rights. Counsel
- Contractors v Scottish Government in respect of M73 Motorway Spur Construction Dispute Adjudication (2018) Counsel
- Queensferry Bridge Crossing Adjudication (2018) Counsel to Adjudicator
- B Borough Council and HG Limited (London Seat) (2017) Arbitration under ICE Rules in respect of failure of design of coastal defences. Counsel to Arbitral Panel.
- Challenge to a Decision on Jurisdiction on a point of law on the effect of section 10 of the Arbitration (Scotland) Act 2010. (2016) Dunfermline Sheriff Court Whether party had waived its contractual right to arbitration by participating in court proceedings. Counsel
- Japanese Contractor v Turkish Sub-contractor (Seat, Geneva, ICC) 2013-2015 Arbitration in connection with a very large railway infrastructure project in Istanbul. Counsel.
- Arbitration Application No. 2 of 2013 – Challenge to Decision of an Arbitrator under rules 68 (serious irregularity) and 69 (legal error appeal). Court of Session, Commercial Court. Counsel
- Iranian JV Partner v US JV Partner (Seat, Dubai, DIFC) 2011-2013 Dispute between two JV partners following hostile takeover of shareholding in Iranian Company. Counsel
- Windfarm Operator against Windfarm Off-Shore Installation Company. (Seat, London, Ad hoc) (2010) Claim by Windfarm operator in respect of professional negligence and defective cementing of turbine pylons in respect of an offshore windfarm. Counsel.
Arbitral Institutional Panel
Publications
- The Development and Use of Written Pleadings in Scots Civil Procedure” (Stair Society, Vol. 48) (2007)
- "The Minute Book of the Faculty of Advocates, Volume IV, 1783-1798", Stair Society (with A. Stewart Q.C. – Lord Stewart) (2008)
- The Scottish Arbitration Handbook (Avizandum Publishing) (with Peter Foreman) (2011)
- Chapter 16: "Law as a Profession: The Faculty of Advocates" in (ed.) Mark A. Mulhearn, Scottish Life and Society: A Compendium of Scottish Ethnology, Vol. 13: The Law (Birlinn, 2012) (with K. Campbell, Advocate) (2012)
- Parratt, D.R., and Grahame, A., Scotland World Arbitration Reporter, 2nd Ed., (Juris Publishing, 2018)
- David has also published over 15 articles in various publications including Scots Law Times, Journal of Psychiatry, Hume Papers on Public Policy, and Journal of Legal History in the fields of Scottish legal history, procedure, travel protection legislation and arbitration.