Ali Malek QC

Call 1980; QC 1996;
Email: amalek@3vb.com

Member of the LCIA.

Ali is regularly appointed as an Arbitrator and as Counsel in Domestic and International Arbitrations in England and abroad.

Some Recent Arbitrator Appointments:

• Arbitrator (ICC): sale of goods dispute.

• Arbitrator (ICC): settlement agreement subject to English/Sharia law.

• Arbitrator (LCIA): VAT dispute.

• Arbitrator (LCIA): reinsurance dispute governed by New York law.

• Arbitrator (ad hoc): joint venture dispute.

Recent Arbitrations as Counsel:

• ICC arbitration in The Hague concerning termination of a military supply contracts and related enforcement proceedings in the Dutch courts.

• ICC arbitration in The Hague concerning termination of missile system involving 9 contracts. Dispute governed by non-national rules of law.

• ICC arbitrations in Houston and Stockholm involving oil and gas disputes in Turkmenistan.

• ICC arbitration concerning a high fashion designer and a consumer products company.

• ICC arbitration in Amsterdam concerning a joint venture set up by 2 Hollywood studies. Dispute concerned affiliation agreements and European competition law (article 81).

• ICC arbitration about boiler technology in China.

• ICSID arbitration: Enrho v Kazakhstan.

• ICSID arbitration: telecommunications dispute.

• LCIA arbitration concerning a dispute about a hotel and share warranties.

• LCIA dispute about fuel additives. Uncitral arbitration concerning an alleged settlement agreement.

Recent Court cases involving arbitration matters include:

• Dardana v Yukos [2002] 2 Lloyd's Rep 326 (New York Convention. Awards against non-signatories and the approach of the court to applications for a stay pending hearings to set aside in the country of origin).

• Dardana v Yukos [2002] 2 Lloyd's Rep 261(arbitration and security for costs).

• AIG Capital v Republic of Kazakhstan [2006] 1 Lloyd's Rep 45 (ICSID arbitration/ enforcement. State Immunity Act 1982).

• Republic of Kazakhstan v Istil [2006] 2 All ER (Comm) 26 (arbitration and security for costs).

• Republic of Kazakhstan v Istil [2006] 2 Lloyd's Rep 370 (jurisdiction of arbitrators and issue estoppel).