David Parratt QC (Scot)

Year of Call: 1999
Year of Silk: 2017
Email Address: david.parratt@3pb.co.uk
Telephone: 020 7583 8055
Clerk Name: David Fielder
Clerk Telephone: 020 7583 8055
Clerk Email: david.fielder@3pb.co.uk

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Overview

David Parratt QC is a busy barrister, advocate and arbitrator. David has extensive court experience and regularly negotiates settlements in multi-million pounds claims.  He is often involved in complex international commercial disputes.

David’s practice covers his key experience and interests in arbitration, construction & engineering claims, energy disputes (including oil/gas upstream claims), general commercial litigation and commercial contracts.

He 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.

 

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.

 

 

Expertise

  • Neutrals - Arbitrators
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    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 Panels

    • Member of the ICC
    • Member of the LCIA
    • Panel Member of the CIArb (Scottish Branch) Panel of Arbitrators
    • Member of the Hong Kong Arbitration Panel (HKIAC)
    • Member of the Asian International Arbitration Panel (AIAC)
    • Member of the Cairo Arbitration Panel (CRCICA)
    • Member of the WIPO Panel (Geneva)
    • Member of the Dubai International Arbitration Centre List (DIAC)
    • Member of the CIArb London President’s Panel
    • Member of the Juris Roster of International Arbitrators

     

  • Neutrals - Adjudicators
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    David Parratt QC is a well known adjudicator and counsel to adjudicators in construction, engineering and energy disputes.

    Adjudications

    M73 Motorway Spur Construction Dispute Adjudication (2018) In this large and high profile adjudication he was retained by the Scottish Government in respect of a claim made by a JV of contractors.

    Queensferry Bridge Crossing Adjudication (2018) In this large and high profile case he was retained by the Adjudicator as Counsel to the adjudication. David advised in respect of procedure and challenges to his jurisdiction.

  • Commercial
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    David has a considerable reputation as a commercial litigator acting in contract, trust, bankruptcy, employee bonuses, debt recovery and financial services disputes.

    Representative Court Cases

    • The Parachute Regiment Charity v Hay [2019] 3 WLUK 539 (Aberdeen Sheriff Court) Action of accounting brought by beneficiaries under a will against an executrix and whether the legacy in favour of another principal and specific beneficiary had expired by operation of the legal concept of “ademption”.
    • Scottish Water v. West Lothian Council 2018 (Livingston Sheriff Court) Resisting Statutory Enforcement Notice served on the scottish statutory water authority by the local authority in connection with statutory drainage obligations.
    • MacLean v Greater Glasgow Health Board [2017] (Inner House, Court of Session) Appeal. Powers of the Auditor of the Court of Session (Taxing Master) in taxing expenses (costs).
    • MacMillan v The Receivers of T Leith Developments Ltd (in receivership and in liquidation) [2017] CSIH 23 (Inner House) 5 Judge Appeal Court, application of floating charges and securities in property matters.
    • Glasgow City Council v Unison Claimants [2017] CSIH 34; 2017 S.C. 611; 2017 S.L.T. 729 (Inner House) Appeal re. ‘pay protection’, ‘employee’ and 'gender discrimination’ in the use of bonuses.
    • JS and CS v Children's Reporter Court of Session [2016] CSIH 74; 2016 S.L.T. 1235 (Inner House) Appeal. Children's Hearings Rules and whether there was an automatic entitlement to cross-examine young children in open court.
    • Auchnie v. Auchnie [2014] CSIH 102; 2015 SC 320 (Inner House) Appeal. Consideration by appellate court of rights of appeal directly to the Inner House from a decision of the lower court which was not a final judgement.
    • Pattullo v. Furby & Graham 2016 (Outer House) Action at the instance of a Trustee in Bankruptcy seeking reduction of a conveyancing deed as a gratuitous alienation.
    • Auchnie v Auchnie [2016] CSOH 70; 2016 S.L.T. 740 A beneficiary under the will sought reduction of a decree (judgement) of the sheriff principal.
    • International Pairs Limited v. (1) The Government of Monserrat and (2) Hon. Dr Lobell Lewis, Past President of Monserrat. Eastern Caribbean Supreme Court, sitting in Monserrat.  Action for payment by English Company against the Government of Montserrat.
    • Ahmed v. Asghar (Commercial Court) 2015 Dispute in connection with investors' monies in a Dubai property scheme with value in excess of £lm.
    • Kathellan Limited v. Baxters Food Group (Commercial Court) 2012 Declaration Action in respect of Keep Open clause in a commercial lease.

     

  • Construction and engineering
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    David Parratt QC has a considerable practice as an advocate and arbitrator in arbitration, construction & engineering claims, and energy disputes (including oil/gas upstream claims).

    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 member of the ICC, the LCIA, the CIArb (Scottish Branch) Panel of Arbitrators, the Hong Kong Arbitration Panel (HKIAC), member of the Asian International Arbitration Panel (AIAC), the Cairo Arbitration Panel (CRCICA), the WIPO Panel (Geneva), the Dubai International Arbitration Centre List (DIAC), the CIArb London President’s Panel and the Juris Roster of International Arbitrators.

    Please see his profile under arbitration to see some recent and representative cases.

Academic qualifications

  • LLB (Hons) University of Aberdeen (1992)
  • DipLP (University of Aberdeen) (1993)
  • PhD (University of Edinburgh) (2004)
  • DipICArb (Chartered Institute of Arbitrators) (2008)

Professional qualifications & appointments

  • Honorary Professor of International Arbitration, School of Law, University of  Aberdeen. (January 2017-to date)
  • Co-Director of the Aberdeen University International Arbitration Summer School (2017 – to date)
  • Visiting Lecturer, International Commercial Arbitration, and Oil and Gas Dispute Resolution, University of Aberdeen (2016-17)
  • Honorary Senior Lecturer, International Construction Law and Arbitration, British University in Dubai (BUiD) (2010 - 15)
  • Honorary Research Fellow, International Dispute Resolution, School of Law, University of Dundee (2008-2015)
  • Honorary Lecturer, International Arbitration, Centre for Petroleum, Minerals, Law and Policy, (CEPMLP) University of Dundee (2007-10)

Professional bodies

  • Freeman of The Worshipful Company of Arbitrators
  • Fellow of the Royal Historical Society (FRHistS)
  • Fellow of the Society of Antiquaries of Scotland (FSAScot)
  • Fellow of the Society of Legal Scholars (SLS)
  • Member of the School of Advanced Legal Studies (FSALS)
  • Member of the British Institute of International and Comparative Law (BIICL)
  • The Honourable Society of Lincoln’s Inn
  • The Faculty of Advocates
  • The Bar of Northern Ireland
  • The Chartered Institute of Arbitrators
  • TECBAR
  • COMBAR
  • The Arbitration Club (Oil & Gas Chapter)

Faculty of Advocates’ Positions

  • Member of various Committees including: Faculty Council (2003-6; 2012-17)
  • Curator of the Advocates Library (2005-8)
  • Quality Assistance Panel Working Group(2015-7)
  • Quality Assurance Scheme for Advocates (2016 - present)
  • The Training Committee (2012-present)
  • Scheme for Fees Committee (2014); Board of Assessors (2012 -present)
  • CPD Reorganisation Committee (2016-7)
  • Malawi Pro Bono Group (2014); International Committee (2016-present)
  • Faculty Arbitration Group and Board member of the Faculty Dispute Resolution Service (FDRS) (2008-present)
  • Special adviser to the Personal Injury Arbitration Group (2016-present).

Director of Training and Education, with responsibility for the training of devils in written and oral advocacy and for ongoing training of members of Faculty in advocacy skills and for the Quality Assurance Assessment. (2012-2017)

Advocacy Trainer and Assessor of Advocate Assessors for the Faculty Quality

News

  • Top arbitrator QC joins 3PB

    Head of Chambers David Berkley QC is delighted to announce that David Parratt QC, Barrister and Advocate, has joined 3PB Barristers from Crown Office Chambers. ...

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