MarkDempseySC
Arbitrator
Mediator
Expert Determiner

Biography

Mark Dempsey SC practices as arbitrator, mediator and expert determiner in commercial and construction disputes in Australia and internationally.

Mark brings to his arbitral and dispute resolution practice a wealth of experience drawn from his 40 years of commercial legal practice including 20 years as a Senior Counsel at the NSW and Australian Bars. Mark has for many years been one of Australia’s leading commercial Senior Counsel with special expertise in major construction, engineering and infrastructure disputes across Australia, Asia and the Pacific. Over the last 25 years, Mark has appeared in complex court and international and commercial arbitrations including enforcement actions in the State and Federal Courts.

He has extensive experience in advising and appearing across a broad range of complex commercial and financial disputes in arbitration and at trial and appellate level. Mark has acted for and against governments, and major power, infrastructure and mining contractors. He has acted for and against banks and financial institutions, and has advised major cultural, sporting and charitable institutions.

Over the last 25 years, Mark has appeared in complex court and international and commercial arbitrations including enforcement actions in the State and Federal Courts.

He sits as party-appointed arbitrator and tribunal chair of disputes including under ICC, ACICA, UNCITRAL and Resolution Institute Rules.

Mark was awarded fellowship of the Chartered Institute of Arbitrators (FCIArb) through the Singapore branch in 2012. He is a Fellow, panel arbitrator and member of the Australian Centre for International Commercial Arbitration (ACICA). Mark is also a panel arbitrator and mediator of the Asian International Arbitration Centre (AIAC), a Fellow of the Asian Institute for Alternate Dispute Resolution (AIADR), an arbitrator on the Dubai International Arbitration Court (DIAC) Arbitrator List, and a panel arbitrator appointed by both Commonwealth (NBN disputes) and NSW agencies (Mining Access Arbitrations).

Mark acts as expert to determine commercial and construction disputes and has been appointed privilege referee in connection with SIAC arbitrations.

Mark has been an accredited mediator for over 10 years and regularly mediates construction and other commercial disputes.

Mark is also the Chair of the Australian Bar Association’s International Committee, and Co-Chair of the NSW Bar Association’s International Committee.

Diplomatic: Acknowledged for his excellent advocacy, rigour, and diplomacy.

Knowledgeable and Thorough: Highly respected for his deep and wide-ranging knowledge of the law, maturity and experience in litigation, and well-recognised for his thorough and tenacious approach.

Engaged and Accessible: Committed to proactively engaging with parties and their legal representatives on the real issues in dispute and to provide quick, effective communication, advice, and decisions nationally and internationally.

Internationally Recognised: Mark is the recipient of numerous accolades, including as a Leading Expert in construction, arbitration, and litigation in the Legal500, Chambers Global and Asia-Pacific Guides, Best Lawyers in Australia, and Who’s Who Legal.

They include: Mark is “Highly respected and experienced barrister who has a fine brain. Collaborative and hard-working with exceptional analytical and advocacy skills.” (Legal500 2023). Mark “is regularly acknowledged by sources to be one of the most experienced and accomplished senior counsel practicing in the construction space. Commentators testify extensively to his impressive track record of success and ability to master the most complex cases. Fully conversant with arbitration and mediation procedures as well as with those of the courtroom, his practice encompasses matters across Australia as well as the Asia-Pacific region more broadly.” (Chambers Asia Pacific 2023 and Global 2023 - Construction & Infrastructure: The Bar – Band 1 – 10 years ranked).