Rashda Rana. Qualifications

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Rashda Rana Year called 1990 Email rashda.rana@39essex.com Rashda has been practicing as an advocate for over 20 years in London and also in various states in Australia (primarily in NSW).

As well as her litigious practice, Rashda has undertaken noncontentious work in drafting, reviewing and settling major project documentation including Defence contracts (Class 1 submarines),

1 Rashda Rana Year called Rashda has been practicing as an advocate for over 20 years in London and also in various states in Australia (primarily in NSW). She has advised on and conducted major commercial, maritime and construction, oil and energy & infrastructure litigation, arbitration and mediation involving wide ranging issues. As well as her litigious practice, Rashda has undertaken noncontentious work in drafting, reviewing and settling major project documentation including Defence contracts (Class 1 submarines), infrastructure (roads and tunnels) and banking and finance documentation (prospectuses and insurance policies) and Public Private Partnership transactional documentation. She was formerly Adjunct Professor teaching international commercial arbitration at Sydney University Law School. She devised the course and it was the first of its kind in Australia. She has also published a textbook to complement her course: International Commercial Arbitration (Thomson Reuters). She is the Course Director of the Chartered Institute of Arbitrators' Diploma of International Commercial Arbitration course conducted by the CIArb Australian branch and held in Asia every year. Rashda is an active member of a number of significant industry associations. She is the P r e s i d e n t o f t h e A u s t r a l i a n b r a n c h o f t h e Chartered Institute of Arbitrators (CIArb) She is, inter alia, the Founding Member, Director and the current Vice Chair of the Society of Construction Law Australia, a Fellow and Director of the Australian Centre for International Commercial Arbitration (ACICA), Fellow of Institute of Arbitrators & Mediators Australia (IAMA), Fellow of Commercial Law Association of Australia (CLAA) and the Australian representative to the ICC Taskforce on Subcontracting and the ICC Taskforce on Public Procurement. She is a CEDR accredited mediator and has been appointed as arbitrator in a number of Australian domestic a r b i t r a t i o n s a s w e l l a s international arbitrations primarily in the Asia Pacific region. Qualifications Call Bar of England & Wales 1990 (Middle Temple). Call Bar of NSW 1994 (Federal Court and High Court of Australia). BA (Hons) Philosophy; M.Phil (Cambridge). Dip Law City University, London. Bar Vocational Course (Bar School) Inns of Court School of Law, Gray's Inn, London. Dip Law Sydney University. Diploma in International Legal Practice (IBA/College of Law, Guildford). Diploma in International Commercial Arbitration (CIArb) CEDR Accredited Mediator

2 Panel Arbitrator: ACICA HKIAC KLRCA SIAC Rashda is a native English speaker and also speaks conversational Urdu, Punjabi, Italian, French and German. Practice Areas Arbitration Building & Construction Commercial Insurance Oil & Energy Mediation Memberships Fellow International Bar Association (IBA) Fellow and Director, Australian Centre for International Commercial Arbitration (ACICA) Fellow and President, Chartered Institute of Arbitrators (Australia Branch); Chair, Education & Membership Standing Committee of the Chartered Institute of Arbitrators (London) Fellow Commercial Law Association of Australia Fellow Institute of Arbitrators and Mediators Australia Director & Treasurer Arbitral Women Member London Court of International Arbitration (LCIA) Member International Chamber of Commerce, Australia Member Australasia Forum for International Arbitration (AFIA) Member InterPacific Bar Association Member Dispute Resolution Boards Australia Member Dispute Resolution Boards Federation Member Society of Construction Law (UK) Founding Member Director and Vice Chair, Society of Construction Law Australia Member National Association of Women in Construction (Australia and UK) Member of Mediation Panel of the Supreme Court of NSW Member Commercial List Users Group of the Supreme Court of NSW Australian Representative to ICC Taskforce on Model Subcontracting in Paris Australian Representative to ICC Taskforce on Public Procurement in Paris

3 Experience & Expertise Although Rashda's main focus has been building & construction disputes, she has also enjoyed a good reputation as a commercial lawyer (in banking & finance, insurance and maritime in particular), especially over the past 15 years (as counsel, arbitrator and mediator). In addition, Rashda has been involved in many cases involving highly technical issues as well as complex legal issues, including but not limited to the following: Various matters involving insurance issues both in the UK, Hong Kong and Australia: insurance policy coverage issues for maritime, construction, and professional indemnity insurance policies, including dispute about a bankers' policy and the interpretation of the words "damages by way of compensation"; professional negligence matters for, inter alia, architects, engineers and solicitors; Acted as mediator in numerous commercial, maritime and building disputes; Acted as arbitrator in numerous commercial, maritime, telecommunications and building disputes; She has advised and acted for the Australian Government in relation to various defence contracts, including Collins Class 1 submarines; Numerous oil, gas and energy matters; Numerous Mining and Water disputes; She has acted for major international construction companies including, for example: Multiplex (Wembley Stadium; Merchant Court); the Bluewater Joint Venture (John Holland and Veolia) in relation to issues arising on the construction of the Sydney Desalination Plant; Abigroup in relation to the construction of Superdome (Sydney 2000 Olympics venue). She has also acted for Abigroup in many other disputes including a dispute about the construction of a spillway to Warragamba Dam; Other disputes involving other Olympic venues including the International Aquatic Centre against the State of NSW (for Bovis Lend Lease, the main contractor) and the earthworks contract for leveling whole of the Olympic Park site (successfully arbitrated for Daracon Engineering Pty Limited); Appeared for Brodyn in Brodyn v Davenport, the NSW Court of Appeal judgment dealing conclusively with the availability of judicial review of adjudications made under the Building and Construction Industry Security of Payments Act Numerous other claims (both as claimant and respondent) for adjudication under the Building and Construction Industry Security of Payment Act, (NSW) 1999 and on challenges to adjudicators' report; She has acted in numerous matters for Citibank Group and other financial institutions, including a claim by National Mutual for contribution of AUS$10 million on a failed unit trust scheme which involved complex insurance and reinsurance issues, Barnes v Addy type issues and misleading or deceptive conduct. Other Barnes v Addy type claims involving restitutionary principles include a matter in the Supreme Court of Western Australia, Karri Oak Limited (in liquidation) & Ors v St George Bank Limited (claim for approximately $10 million); Appeared for the liquidator of the Linter Group (one of the largest liquidations in Australian history) in a claim by debenture holders (headed by Allstate Insurance) with an approximate value US$200 million, involving misleading or deceptive statements in a prospectus and advice and conduct of various claims on proofs of debt amounting to over AUS$1 billion. This case also involved the interpretation of D&O policies;

4 She regularly presents seminars to industry, including inhouse at clients. Rashda's teaching Resume is available at request. Rashda has also published extensively and a list of her publications can also be made available on request. Rashda has presented papers on various areas of interest to arbitrators and mediators (such as rules of evidence, conduct of hearings, recent developments in the law in various disparate areas) and has taught part of the arbitrators' course conducted for the Institute by the University of Adelaide; Completed Mediation course. Rashda is also a member of the NSW Supreme Court Commercial List Users Group (membership of which group is by invitation of Bergin J the Technology & Construction List and Commercial List judge of the Supreme Court of NSW and the Chair of the Committee). She is also a member of the Commercial Law Association of Australia. Rashda is a member of National Association of Women in Construction (NAWIC) of the Australian and UK branches. She is and has been a Mentor to junior barristers under a scheme conducted by the Equal Opportunities Committee of the NSW Bar Association as well as a mentor to junior NAWIC members and students at UTS and Sydney University. She is a coopted member of the Board of Arbitral Women and is responsible (with others) for the mentoring program. Rashda has been an examiner, tutor and moderator for the Evidence Examination for the Bar. She is a Tutor on the Bar Practice Course in advocacy and substantive law strands and has been a Tutor (Pupil Master); Trainer of advocacy at Australian Institute of Advocacy and regularly undertakes advocacy training for Moots at various Law Schools around Australia; Occasional Lecturer and Tutor at University of NSW and University of Technology, Sydney on specific LLB and Masters seminars and has acted as a judge in Moot trials in Australia and around the World; Mentor to a number of university students; Former Assistant Editor of Ritchie's Supreme Court Procedure NSW (retired during the course of a very lengthy case in Melbourne). Additional Information Teaching Experience Teaching at and Course Director o f the International Commercial Arbitration Diploma course, a joint Chartered Institute of Arbitrators and University of New South Wales course which commenced in It has been held variously in Sydney, Kuala Lumpur, Penang and Malacca. Presenter of regular seminars for the NSW Bar Association and Law Society as part of their Continuing Professional Development program for instance on the following topics: The Impact of Human Rights on Commercial Law (a joint presentation with the Commercial Law Association); International Practice; Court Etiquette; Presenter of regular seminars for outside providers such as Legalwise, LexisNexis, the IBA, Tonkin Corporation, for example, most recently as follows: Adjudication: a Comparative View Australia and South Africa (Construction Adjudication Association of South Africa (September 2013); Implied Obligations in Construction Contracts (Society of Construction Law, Singapore Annual Conference September 2013); Tapping Into Asia s Growth: Gender Diversity (CIARb International Arbitration Conference, Penang August 2013) Adjudication: Experience from UK and Australia (MIArb August 2013)

5 The Efficient Arbitral Institution (Panel discussion, IPBA Seoul April 2013) Case Study : Australian and Malaysian Practice & Procedure (KLRCAACICA Joint Seminar, Kuala Lumpur, April 2013) Limitation of Liability: How Have the Risks Changed Post GFC (SCL (HK), March 2013) Impact of Cultural Differences on Dispute Resolution (IBA Asia Pacific Regional Forum International Conference, Kuala Lumpur, November 2012); Having the Last Say Does the Adjudication Decision Have Clout? Construction Industry Payment & Adjudication Act 2012 Conference (KLRCA), October 2012; The Asian Contribution to the Growth of International Arbitration (International Malaysia Law Conference, (Malaysian Bar Council) Kuala Lumpur, September 2012); Lawyers' Liabilities to Third Parties and Clients (IBA Dubai 2011); Anticorruption Measures in Infrastructure: From Preaching to Practice (IBA Dubai 2011); Harmonisation of Arbitration Laws, Globally (IAMA Annual Conference June 2011); Examining Legal Liabilities Behind Key Clauses (October 2010); Keeping it inhouse ALB Construction Law Master Class (October 2010); Limitation of Liability Clauses (Vancouver IBA 2010) Delivering PPPs Post GFC (Vancouver IBA 2010); PPP's and Risk Allocation (September 2010); Utilising ADR Methods in Contracts (August 2010); Practical Overview of International Arbitration ( July 2010); Multitiered dispute Resolution Clauses (June 2010); Is Adjudication Killing Arbitration (CIArb International Dispute Resolution Conference KL, October 2009); Advocacy Skills Master Class (March 2009); Expert Evidence in Commercial Litigation and ADR (May 2008); Adjudication under the Building and Construction Industry Security of Payments Act (November 2007); Equitable Remedies (April 2007); Lecturer and Trainer La Trobe University International Commercial Arbitration and Advocacy since 2007; Teacher and Judge Sydney University Law School (Student Mooting Competition) Advocacy since 2000, including teaching examination and cross examination techniques; at the VisEast Moot and the Vis Moot; Lecturer Institute of Arbitrators and Mediators Australia presenting at least one annual seminar for example on the following topics: Documentary Proof; Court Intervention in the Arbitral Process; Bound by the Rules of Evidence. Lecturer UTS Law undergraduate, postgraduate and advocacy, since I have presented papers as

6 guest speaker on topical issues; Lecturer and workshop leader at the New South Wales Bar Association's Practice Course since 1995, teaching examination in chief, cross examination, court etiquette components and interlocutory applications of a 5 week course, twice annually; Lecturer, Chief Examiner and Moderator of Evidence Examination for the New South Wales Bar Association and since 2007, lecturer and examiner setting the questions and preparing the model answers, teaching evidence at a 2 hour seminar twice annually; Advocacy Teacher for the Australian Institute of Advocacy since 1996, teaching advocacy for practitioners as well as law students usually 2 weekend courses per year (approximately April/May and October/November); Lectured for the Institute of Arbitrators and Mediators Australia Arbitration course, Adelaide University since 1996, teaching the 'Hearing' component of the course for accreditation as an arbitrator and Master Classes for those seeking higher grading as arbitrator held once a year; Supervisor in Jurisprudence (undergraduate Law) at Pembroke College, Cambridge. Legal Texts Rashda has coauthored a book on international commercial arbitration which was published by Thomson Reuters in January Rashda has also presented and published papers throughout Australia, and overseas including most recently in the following specific areas. Anticorruption Measures in Infrastructure: moving from preaching to practice (IBA, Dubai 2011); The Liability of Attorneys to Clients & Third Parties (IBA, Dubai 2011); PPPs: The Tension between Finance & Construction (IBA, Vancouver 2010); Limitations on Liability (IBA Vancouver 2010); Dispute Boards: The Australian and Asian Experience (IBA, Madrid 2009) Is Adjudication Killing Arbitration (CIArb, Malaysia 2008); The Impact of Human Rights on Commercial Law (published in Commercial Law Quarterly Special Edition September 2008); Article on contract formation following PRA Electrical (published in June Issue of Construction Law International); Case Note Sopov v Kane (2008) 3(1) Construction Law International 21; Hurdling the Time Bar (2006) 1(2) Construction Law International 14; Update on Adjudication: The Position in England and Australia Compared (2006) 23 International Construction Law Review 503; Update on Variation Claims (Hailsham Chambers Update 2005); The Dance of the Seven Veils Negligence after Perre v Apand (1999) 68 Aust Const Newsletter 50 She has also written on the following topics: Qualifying and Briefing an Expert; References Out; Update on Negligence; Mediated Settlement of War; Negligence Law; Powers of a Court in Arbitration proceedings; Immunity of Crown in Right of State; Liability for assistance in breach of trust; Challenging Arbitrators;

7 Breach of warranty in insurance; Documentary proof; Bound by the Rules of Evidence; Equitable Remedies; Restitutionary Claims; Insurance and Settlements; The conduct of arbitration hearings; Stay applications to the Supreme Court on grounds of the existence of an arbitration clause between the parties; Duties of an arbitrator; Delay and disruption claims;

8 Barnes v Addy and restitutionary claims; Review under The Building and Construction Security of Payments Act, (NSW) 1999; Adjudication under the new security of payments legislation. London 39 Essex Street, London WC2R 3 AT Tel: +44 (0) Fax : +44 (0) Manchester 82 King Street, Manchester M2 4WQ Tel: +44 (0) Fax : +44 (0) Singapore Maxwell Chambers, 32 Maxwell Road, #02 16, Singapore Tel: +(65) clerks@39essex.com OX : 298 London/Chancery Lane

MALCOLM HOLMES QC. International Arbitrations;

MALCOLM HOLMES QC. International Arbitrations; MALCOLM HOLMES QC Malcolm Holmes QC is a senior counsel and chartered arbitrator at Eleven Wentworth Chambers in Sydney and an arbitrator member of 20 Essex Street, London. After initially commencing an