David Brynmor Thomas

DAVID BRYNMOR THOMAS 076

About

Nationality
British
Languages Spoken
English

Bio

Bio
David Brynmor Thomas KC is a leading international commercial arbitrator and mediator. Having originally qualified in Medicine, David went on to study law and has specialised for many years in construction, projects and energy disputes whilst remaining comfortable dealing with cases that have a highly scientific or technical basis, including statistics, organic and inorganic chemistry, microbiology, pharmacology, biotechnology and metallurgy.

He has been appointed in over 70 disputes as sole, party-appointed or presiding arbitrator in ad hoc and institutional commercial arbitrations; or as mediator. David has been appointed as an Emergency Arbitrator by both the International Center for Dispute Resolution (ICDR) and the International Chamber of Commerce (ICC).

Following a career of over 30 years dealing with all aspects of commercial litigation and arbitration, as arbitrator or counsel, across more than 30 jurisdictions, ultimately as King’s Counsel practising from chambers in London, David now sits exclusively as arbitrator and a CEDR accredited mediator.

David specialises in the conduct and resolution of complex commercial disputes, encompassing a wide range of industry sectors, including high value, complex construction and engineering projects; power generation and other energy-related issues; wind and solar farms; water and desalination plants; waste disposal; transportation, including rail, aviation and highways; oil refineries; dams; shipbuilding; oil and gas and mining; defence; bonds, guarantees, pensions and other financial instruments; insurance; technology; intellectual property rights and matters arising under EPC and other contracts for the execution of complex construction and engineering projects; contractor and sub-contractor chains; PSAs, JOAs, and similar arrangements; and disputes in professional partnerships, joint ventures and shareholders' agreements.

David has also advised on issues arising from sanctions (in particular under United Kingdom and EU sanctions regimes); the drafting and amendment of industry-wide dispute resolution provisions; and the ability of Governments to sue on behalf of their citizens for alleged mass torts.

David is a CEDR accredited mediator who has mediated commercial insurance and construction issues.

Teaching, writing and other arbitration related activities

David is an honorary professor of law in the School of International Arbitration in the Centre for Commercial Law Studies at Queen Mary University of London, where he teaches International Construction Contracts and Arbitration.
In recognition of the under-representation of women on international arbitral tribunals, in 2015 members of the arbitration community drew up a pledge to take action (the Pledge). The Pledge seeks to increase, on an equal opportunity basis, the number of women appointed as arbitrators in order to achieve fair representation as soon as practically possible, with the ultimate goal of full parity. Having signed both the Pledge and subsequent pledge for the same diversity of Expert Witnesses, David continues actively to encourage diverse panels within arbitral proceedings and at conferences and similar activities when in a position to do so. David, continues to observe and support this pledge in his independent practice.

David is a member of or has been appointed arbitrator by the following institutions:
• American Arbitration Association (AAA)–International Center for Dispute Resolution
• Danish Institute of Arbitration (DIA)
• Delhi International Arbitration Centre (DIA)
• Dubai International Arbitration Centre (DIAC)
• International Chamber of Commerce (ICC)
• London Court of International Arbitration (LCIA)
• Singapore International Arbitration Centre (SIAC)
• Stockholm Chamber of Commerce (SCC)
• Swiss Arbitration Association (SAA)
• Thailand Arbitration Centre (TAC)

David’s current appointments and memberships include:

- Combar – the specialist Bar Association of the English Commercial Bar (co-Chair of the Combar India subcommittee)
- Tecbar – the specialist Bar Association for the English Technology and Construction Bar
- the Society of Construction Law
- the Chartered Institute of Arbitrators
- the Worshipful Company of Arbitrators
- the International Arbitration Club
- Co-editor of the Global Arbitration Review’s Guide to Construction Arbitration

Past appointments include:

- Chair of the Board of Trustees of the Chartered Institute of Arbitrators (2016)
- Member of Working Group II of the United Nations Commission on International Trade Law (UNCITRAL) for recent work on its Arbitration Model Law and Arbitration Rules (2000–2010)
- Co-chair of the 28th annual ITA workshop in Dallas, Texas (2016)

Professional Affiliations

Memberships
American Arbitration Association (AAA), International Chamber of Commerce International Court of Arbitration (ICC), London Court of International Arbitration (LCIA), Singapore International Arbitration Centre (SIAC)
Seats
Hong Kong, London, Singapore, Paris, Dubai

Contact Information

Arbitrator CV

Legal Expertise

Fields of Expertise
Commercial disputes, Commodities, Construction disputes, Energy law, Insurance and Reinsurance, Joint venture agreements, Maritime Law, Oil and gas, Share purchase agreements
Jurisdiction Experience
England and Wales, Hong Kong, Singapore, Australia (All States and Territories)