John Murray (Lord Dervaird)

JOHN MURRAY (LORD DERVAIRD)

Born: 8 July 1935

BA Oxford University, 1959 (Literae Humaniores 1st Class) LLB Edinburgh University, 1962 Advocate, Scottish Bar, 1962 QC 1974, FCIARB 1991

Part-time Member Scottish Law Commission 1979 – 1988 Judge Court of Session, Scotland (title The Honourable Lord Dervaird) 1988-1990 Dickson Minto Professor of Company and Commercial Law, University of Edinburgh 1990 – 1999 (Professor Emeritus 2000) Chairman, Scottish Lawyers European Group, 1979-80 Chairman, Scottish Council of Law Reporting, 1979-88 Chairman Agricultural Law Association of UK, 1980-86 UK Delegate to Comite European de Droit Rural, 1985 – 1994 Vice President 1989-91 Chairman, Lord Advocate’s Committee on Arbitration Law Reform 1985-1996 Member Department Trade and Industry Committee on Arbitration Law Reform 1985-1995 Chairman Scottish Council International Arbitration 1990 - 2003 President Advocates Business Law Group, 1988 - Trustee, David Hume Institute, 1992 – Member, Electricity Arbitration Association (England and Wales) 1991 – Corresponding Member ICC Committee on Business Law, 1993 – Member City Disputes Panel, 1994 – UK Member Panel of Arbitrators International Council for Settlement of Investment Disputes (ICSID), 1996 -2006 Member Advisory Board International Arbitration Institute 2001 - UK Representative UNCITRAL 2005 - PUBLICATIONS:

Books: Agriculture in Stair Encyclopaedia of Scots Law – revised 2001 Melanges Offerts a Jean Megret (Contrib). Fostschrift fr Alfred Pikalo (Contrib), Berlin 1979 Corporate Law – The European Dimension (Butterworths 1991) (Contrib) Remedies in Stair Encyclopaedia of Scots Law, December 1992 revised 2004 Volume on Company Law in Butterworth European Law Service, Autumn 1992 Legal Reasoning and Judicial Interpretation of European Law (Essays in honour of Lord Mackenzie-Stuart) (Contrib) 1996.

Other: Report to Lord Advocate as to adoption of UNCITRAL Model Law in Scotland (the Dervaird Report) 1989 2

Bernstein Lecture on Arbitration – Scotland v England (1989) (with JMH Hunter) Report to Lord Advocate as to use of arbitration rather than litigation in medical negligence cases – March 1992 National Report on Scotland for International Handbook on Commercial Arbitration – published September 1995 Report to Lord Advocate on Arbitration Law Reform in Scotland, published April 1996 Various periodical articles on agricultural law, arbitration and company and commercial law

RECENT AND CURRENT PROJECTS

(1) Adviser to Government of Lesotho on Company Law Reform, and as to adoption of the UNCITRAL Model Law, New Company Law statute presented to Government in 1996.

(2) Adviser to Government of Botswana on securities law reform 1994 -

(3) Adviser to Government of Kyrgystan on arbitration law reform 2000 -

RECENT ARBITRAL EXPERIENCE

(1) Chairman, ICC construction dispute involving Scottish and Finnish companies held over several weeks in 1992.

(2) Member, ICC construction dispute involving French and British interests in 1993.

(3) Sole arbiter between two Scottish companies involving commercial rent matters completed in 1994.

(4) Chairman, ICC construction dispute involving Indian and Canadian interests held in 1995, award issued 1996.

(5) Sole arbiter in dispute involving Northern Ireland Office and land owning interests. Arbitration settled 2000.

(6) Chairman ICC dispute involving South African, Canadian and UK mining interests, commenced in 1996, concluded in 1997.

(7) Sole arbiter in three licensing disputes involving commercial interests in Scotland 1996.

(8) Sole arbiter in construction dispute involving Taiwanese/US interests 1997.

(9) Sole arbiter, ICC dispute involving Scottish and French liquor interests held in 1997. 3

(10) Sole arbiter, legal partnership dispute in Scotland held in 1997.

(11) Chairman ICC dispute involving US and Canadian oil and gas interests held in 1997.

(12) Chairman licensing dispute French and English interests commenced in 1997 concluded March 1998.

(13) Sole arbiter construction dispute US and Scottish interests commenced 1997 concluded July 1998.

(14) Member ICC Tribunal re banking dispute between Tanzanian and Kenyan interests commenced 1997, concluded 1999.

(15) Sole arbiter, dispute between French and US interests in oilfield held in 1998.

(16) Chairman ICC construction dispute between Swiss and Saudi Arabian interests commenced 1998, hearing in April 2000, concluded January 2001.

(17) Chairman two LCIA ship building disputes between UK and Singaporean interests commenced 1998. Initial hearing 1999, more in 2000, 2001, 2002 and 2003. Further hearings in 2004 and 2005.

(18) Chairman, International Centre for Settlement of Investment Disputes (ICSID) arbitration between US financial interests and Central American Government held 1998.

(19) Chairman, ICC intellectual property dispute between French and German interests commenced December 1998, concluded June 1999.

(20) Sole arbiter two Scottish domestic commercial matters commenced late 1998, concluded 1999.

(21) Sole arbiter dispute between professional football organisations held in February 1999.

(22) Sole arbiter, construction dispute between US/Scottish interests commenced July 1999, hearings in 2000 and November 2001.

(23) Presiding Arbitrator (appointed by ICSID) on NAFTA Investor-State Claim between U.S. company and Canada. Appointed August 1999. Hearings May and November 2000, and March and October 2001 and March 2002.

(24) Sole arbitrator appointed by the parties in relation to a dispute concerning off- shore oil exploratory work. Appointed August 1999, concluded February 2000. 4

(25) Chairman ICC dispute between Tanzanian and UK interests concerning airfield. Appointed October 1999, hearing March 2000, concluded May 2000.

(26) Member ICC Tribunal on construction dispute between Italian Company and Ethiopia. Appointed December 1999, hearings November 2000, April 2001, concluded 2002.

(27) Adjudicator Scottish construction dispute December 2000. Concluded January 2001.

(28) Chairman LCIA financing dispute between Norwegian and Singapore interests commenced October 2000, concluded 2002.

(29) Member Tribunal on oil and gas shipping dispute between US and Algerian interests commenced April 2001. Hearings July 2002, January 2003 and March 2003. Further hearings in May and September 2005 and January, March and October 2006. Further hearing late 2007.Settled 2008

(30) Sole arbiter, Scottish construction dispute commenced May 2001. Hearings 2002 and 2003, concluded 2003.

(31) Member ICC Tribunal on intellectual property dispute between UK and French interests. Appointed April 2002, hearings October 2002, February 2003 and April 2003. Final award June 2003.

(32) Sole arbiter, agency dispute between UK and Iranian interests. Appointed December 2002. Hearing October 2003. Decision on liability December 2003, and financial consequences 2005. 2006. Final Award March 2006.

(33) Adjudicator Scottish building contract Appointed April 2003, decision May 2003.

(34) Sole arbitrator dispute Austrian and UK interests about intellectual property. Appointed April 2003, hearing January, 2004, concluded April 2004.

(35) Member ICC Tribunal on construction dispute between African government and Italian/Greek construction companies. Appointed August 2003, hearing March 2004 and November 2004. Decision April 2005.

(36) Adjudicator Scottish building contract. Appointed August 2003, decision September 2003.

(37) Member LCIA Tribunal on energy dispute between US and Spanish interests. Appointed September 2003, hearing in early 2004, settled July 2004.

(38) Sole arbitrator ICC/licensing dispute US and Irish interests appointed November 2003. Hearing December 2004. 5

(39) Member ad hoc Tribunal on shipbuilding dispute between UK interests. Appointed January 2004. Settled.

40. Member Tribunal under European Development Fund Arbitration Rules, Engineering dispute between Greek and Tanzanian parties. Appointed May 2004. Hearing March 2005. Settled March 2006.

(41) Adjudicator Scottish private finance initiative dispute. Appointed July 2004, decision September 2004.

(42) Adjudicator Scottish PFI dispute. Appointed September 2004, determined October 2004.

(43) Sole arbitrator legal partnership dispute. Appointed September 2004, determined December 2004.

(44) Sole arbitrator accountancy partnership dispute. Appointed May 2005, determined July 2005.

(45) Chairman ICC dispute involving mining and processing matters between Russian, Swiss, and USA interests. Appointed October 2005, hearings December 2005 and March 2006. Partial Award April 2006. Final Award January 2007. (46) Sole arbitrator construction dispute involving French and UK interests. Appointed January 2006, Preliminary award May 2006. Settled January 2007 (47) Sole arbitrator engineering dispute Austrian and UK interests. Appointed May 2006 Hearing September 2006. Award on first issue October 2006. Settled January 2007. (48) Sole arbitrator accountancy partnership dispute. Appointed June 2006.Award August 2006. (49) Sole arbitrator landownership dispute Scottish interests Appointed July 2006. Documents only Award September 2006 (50) Sole arbitrator Uk commercial parties. Appointed Jan 2007 Hearing set for July 2007. Award August 2007 (51) Adjudicator UK PFI dispute. Appointed May 2007 Hearing July 2007.Decision August 2007 (52) Adjudicator in 2 separate disputes relating to construction contract in Scotland in 2008 ,and July2009 (53) Adjudicator 2 disputes relating to construction works in Edinburgh 2010.

Prior to 1992 involved as Counsel or Arbiter in over 40 commercial arbitrations. Mostly domestic, a few international (of which 3 ICC).