espertise mark dempsey

Expertise

Mark is a fellow of CIArb, ACICA and AIAC and sits as sole arbitrator and chair in a number of arbitration proceedings. Mark has very extensive experience in arbitration having, over the last 25 years, appeared in complex domestic and international commercial arbitrations in Australia and Asia as counsel including enforcement actions in the State and Federal Courts.

Select Arbitrations

  • Sitting as Sole Arbitrator under ICC Rules (2024) – dispute between Consortium members in relation to Battery Energy Storage facility in NSW
  • Chair of a Tribunal ACICA arbitration for a joint venture dispute (2024)
  • Sitting as Arbitrator in a commercial dispute under UNCITRAL rules (2024) – dispute under supply contract for upgrade of utility plant
  • Privilege Referee appointed by SIAC Tribunal (2024) – dispute in relation to major housing development in Brunei
  • Sat as Arbitrator of several access agreement arbitrations under the Mining Act NSW (2022 – 2023, ongoing)
  • Sitting as Arbitrator of a construction dispute concerning a health facility (2023, ongoing)
  • Acted as counsel in Gemcan Constructions Pty Ltd v * Westbourne Grammar School (Enforcement of Arbitral Award) [2022] VSC 6 in a case recognising issue estoppel as a ground within the public policy exemption for recognition and enforcement. (2022)
  • Sat as Arbitrator for a dispute between the principal and contractor under an EPC Contract in relation to a power plant concerning claims competing claims for delay, delay damages and variations and liquidated damages. (2021 – 2023, settled)
  • Acted as privilege expert determiner appointed by SIAC panel in significant international construction dispute (2021)
  • Sat as arbitrator in a commercial dispute under ACICA rules (2021)
  • Acted as counsel in a successful SIAC Arbitration concerning the design and construction of a polymetallic processing plant in Vietnam and an international engineering consultant involving claims more than AUD $165 million, and enforcement proceedings in the Federal Court of Australia in which security of USD95 million has been lodged

Complementing his extensive practice in litigation, Mark possesses a wealth of experience in all forms of dispute resolution, including mediation across Australia, in Asia and in the Pacific.

Mark is regularly appointed as a mediator of commercial and construction disputes.

He is an accredited mediator under the National Mediator Accreditation System (NMAS), a mediator approved by the NSW Bar Association. He is also a panel mediator of the Asian International Arbitration Centre (AIAC).

Mark has been involved in various capacities in relation to expert determination and expert determination clauses for many years:

  • as expert determiner of disputes,
  • as privilege expert determiner as an adjunct to ongoing arbitration proceedings,
  • as counsel advising and conducting expert determinations, and
  • in court proceedings challenging expert determinations and expert determination clauses.

Mark is also available for appointment as facilitator of joint expert conferences. As counsel in construction, infrastructure, and mining cases Mark has vast experience in the presentation and cross examination of experts in a broad array of disciplines including time and delay analysis, the quantification of loss and damage, all aspects of engineering (including structural, geotechnical, chemical, metallurgical, finite element analysis, power station operation, the design and rectification of refractory linings in furnaces in power station boilers, tunnelling and mining), architectural, valuation, and other experts.

Recent Expert Determinations

  • Privilege Referee appointed by SIAC Tribunal (2024)
  • Privilege expert determiner appointed by SIAC panel in a significant international construction dispute (2021)
  • Determination of dispute between developer and contractor on major hotel development in Sydney on contractual and technical issues (2021)
  • Determination of dispute between a State Government Department and a leading contractor on a significant public infrastructure project (2019)
  • The Illawarra Community Housing Trust Limited v MP Park Lane Pty Ltd [2020] NSWSC 751 and related proceedings – the Court considered the proper approach to the construction of expert determination clauses. Related proceedings which settled prior to judgment considered question whether a court should enforce an expert determination procedure if it was not reasonably capable of providing a just determination of the dispute.