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David  Holloway

David Holloway

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David is a specialist in international trade law and international commercial dispute resolution. He has particular expertise in the field of international arbitration and has represented clients in numerous arbitrations conducted under various international institutional rules and in ad hoc arbitrations. He was one of the first lawyers to conduct an Emergency Arbitration Procedure under the ICC Rules of Arbitration. He has previously been listed as a “leader at the Bar” in the field of international arbitration by Chambers and Partners, referred to his ability to “present complex technical information in a user friendly manner.”

David has appeared as counsel in the Courts of England and Wales at all levels and has extensive experience of working in cases involving issues of commercial law and multi- jurisdictional elements. He has been involved in leading cases involving the enforcement of foreign judgments and awards and various court proceedings ancillary to arbitration.

David has also successfully represented clients in significant negotiations, meditations and other ADR procedures. He is experienced in assisting clients in resolve disputes effectively and in the most appropriate manner/forum.

David’s practice has extended to most aspects of commercial activity. Before qualifying as a lawyer he spent an early part of his career working in the Lloyds marine and energy reinsurance market. He also spent a spell of his early career as a lawyer working in the marine, energy and trade department of a major firm of City Solicitors in London. Throughout his career he has developed particular experience of the oil and gas industry and has been involved in several substantial disputes arising from oil exploration projects. He also has extensive experience of insurance and reinsurance disputes (particularly in the marine and energy sectors), disputes involving sale and carriage of goods, joint ventures and construction projects. He has been instructed in several cases involving State parties and in various matters involving public international law including claims arising under bilateral investment treaties and disputes involving issues of State Immunity before national courts.

David spent part of his career living and working in China (mainland and Hong Kong) and is a registered foreign lawyer (Hong Kong). He sits as an arbitrator and is appointed to the panel of arbitrators by:

  • CIETAC (Beijing)
  • SCIA (Shenzhen)
  • C.A.A (Taipei)
  • and THAC (Bangkok)

He is also a Tribunal Member of the Hong Kong Board of Review (the Hong Kong tax appeals Tribunal).

David is based in the Middle East, where he holds an academic appointment as Senior Lecturer in Law at the University of Birmingham and is Director of the LLM in International Commercial Law at the University’s new Dubai campus. He has previously held academic appointments at the University of Edinburgh and at City University of Hong Kong  (where he was the Director of the LLM programme in arbitration and dispute resolution).  He was also formerly Chair Professor of Law at Jiaotong University, Xi’an P.R.C. He has a particular interest in international trade involving China and South East Asia.

David publishes regularly in the field of international trade law and international arbitration. He has been General Editor of International Arbitration Law Review (Sweet & Maxell) since 1999. He has also been co-author of Schmitthoff, the Law and Practice of International Trade Law (Sweet & Maxwell) since 2007. He regularly presents research at international academic and practitioner conferences and has been involved in various training projects for lawyers and commercial organisations in the field of international arbitration and dispute resolution.

David is licensed to represent clients directly under the direct access rules.

Appointments & Memberships

  • CIETAC (panel arbitrator appointed May 2017)
  • LCIA (institution appointed arbitrator 2015)
  • Shenzhen Commission for International Arbitration (appointed to the panel of foreign arbitrators 2015)
  • Thailand Arbitration Centre (appointed as a member of the advisory committee 2015 and as panel arbitrator August 2017)
  • Chinese Arbitration Association (Taipei).
  • Part time Tribunal Member at the tax appeals Tribunal (Hong Kong Board of Review- Inland Revenue Ordinance)
  • Senior Lecturer and in Law and Director of the LLM in International Commercial Law, University of Birmingham

Qualifications

  • MA in Law Cambridge University (squire law scholar)
  • Master of Law and Economics, Erasmus University Rotterdam
  • MCIArb

Publications

  • International Arbitration Law Review (Sweet & Maxwell). – General Editor (1998-present).
  • Co- author of Schmitthoff: The law and Practice of International Trade (11th Edition Sweet & Maxwell September 2007, 12th Edition 2012, 13th Edition in progress to publish in 2019).
  • Avoiding Duplicative Litigation about Arbitral Awards within the EU. Oxford Journal of International Dispute Settlement (2011, 2 435-457).
  • Retour sur la comity: les origines de la
comity au carrefour du droit international privé et du droit international public(Journal du droit international (Clunet), with Thomas Schultz, December 2011 Volume 3 pp.863-886).
  • Retour sur la comity: la comity dans l’histoire du droit international privé (Journal du droit international (Clunet) with Thomas Schultz, March 2012 Volume 1 pp. 572-595).
  • Research Handbook on Sanctions and International Law (ed. van den Herik). Book chapter, “The impact of International Economic Sanctions in International Arbitration”; Edward Elgar. July 2017- Chapter 14.
  • Enforcement of Judgments in the One Belt One Road Area, Book chapter for Cambridge University Press ,“One Belt One Road One Dispute Resolution clause”, with Michael Hwang SC (submitted, to publish in 2018/19 editors Shan, Su et al.). Now published also in Michael Hwang SC: collected essays in Dispute Resolution, December 2018.
  • The Cambridge Research Compendium of International Arbitration. Book Chapter, “State Control of Arbitration by National Courts” (submitted for publication in 2019), editors Ferrari, Bjorklund, Kroell).
  • The New Chinese International Commercial Court and the Future of Dispute Resolution in the Belt and Road Initiative. 20188:Vindabona Journal of International Commercial Law and Arbitration (2018) 22 VJ (2) pp. 96-125.

David Holloway is regulated by the Bar Standards Board (BSB) and holds a current practising certificate. If you are not satisfied with the service provided, please click here.

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