Ali Malek KC > Chambers of Ewan McQuater KC and David Quest KC > London, England > Barrister Profile
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Ali Malek KC
Position
Barrister specialising in commercial law, including banking and financial disputes, insurance and international trade; professional negligence; insolvency; domestic and international commercial arbitration; private international law; aviation; civil fraud; energy law; competition and consumer credit law; and sports law. Cases: XAG [1983]; Cryne v Barclays (1987); Lathia v Dronsfield (1987); R v Southwark Crown Court (1990); Hone v CIBC (1990); EDF Mann v Haryanto (1991); Barclays v Khaira (1992); Tudorgrange v Citibank (1992); Natwest v Daniel (1993); Barclays Bank v Homan (1993); Robertson v CIBC (1994); James v Barclays (1994); Glencore International AG v Bank of China [1996]; National Provincial Building Society v Lloyd (1996); Barclays Bank v Thomson (1997); BCCI v Price Waterhouse (1998); Ispahani v Bank Melli (1998); Box, Brown & Jacobs v Barclays Bank (1998); Bolkiah v KPMG (1999); Yorkshire Bank v Halls (1999); Yorkshire Bank v Lloyds (1999); Young v Robson Rhodes (1999); Halewood v ABC (2000); Turner v RBS [2000]; Sepoong v Formula One (2000); Portman v Dussangh (2000); Alliance & Leicester v Slayford (2000); Casson v Ostley (2001); Montrod v Grundkottor (2002); Nash v Paragon (2002); Eurolife v FSA (2002); Lloyds TSB v Hayward (2002); Dardana v Yukos (2002); Dubai v Salaam (2002); Sabena v SIA (2003); Niru Battery v Milestone (2004); Mann v Coutts (2004); RBC v Rabobank (2004); Financial Institutions v Negril (2004); Valse v Merrill Lynch (2004); OFT v Lloyds (2004); Kayo v Blue Wings [2005]; JP Morgan v Primacom AG [2005]; Paragon Finance v Pender [2005]; Dornoch v Mauritius Union Assurance [2006]; Walnapatrias v Lehman Brothers [2006]; Lopes v Howard Kennedy [2006]; AG of the Cayman Islands v James Cleaver [2006]; AIG Capital v Republic of Kazakhstan [2006]; Republic of Kazakhstan v Istil [2006, 2007 and 2008]; AWB v North American Steamships [2007]; Jafari-Fini v Skillglass [2007]; Akai Holdings v Robson Rhodes [2007]; Sea Emerald v Prominvestbank [2008]; Elaktrim SA v Vivendi Holdings [2008]; Langbar v Rybak [2008]; OFT v Abbey [2009]; Pacific International Sports Clubs v Soccer Marketing International [2009]; Cherney v Deripaska [2009]; Sibir Energy v Tchigirinski [2009]; Pacific International Sports Clubs Ltd v Soccer Marketing International Ltd [2009 and 2010]; Parabola v Browalla [2010]; Linsen v Humpuss Sea [2011]; Standard Chartered Bank v Ceylon Petroleum Company [2011]; Berezovsky v Abramovich and others [2012]; Ferrexpo AG v Gilson Investments Limited and ors [2012]; Royal Bank of Scotland v Hicks [2012]; Abbar v Saudi Economic & Development [2013]; Forsta AP v Bank of New York SA [2013]; Starbev v Interbrew Central European Holdings [2014].
Career
Called 1980; QC 1996; recorder 1998; Deputy High Court Judge 2008. Publications: paper on issues concerning cross-border disputes involving banks, presented at the International Bar Association/American Banking Association in Washington; ‘Cross-Border Fraudulent Activity’; joint paper presented at the Creaton Conference on ‘Banks, Fraud and Crime’; joint article with Caroline Lewis on ‘Worldwide Injunctions’; Jack, Malek and Quest ‘Documentary Credits’ (4th ed) (2009).
Education
Oxford University (MA); BCL.
Lawyer Rankings
London Bar > International arbitration: arbitrators
(Leading counsel as arbitrators)Ranked: Tier 1Ali Malek KC –3 Verulam Buildings ‘One of the star barristers and arbitrators practising at the commercial Bar. Hugely experienced, but also approachable, practical and very party-friendly, with brilliant judgement and a quiet authority. A true pleasure to work with.’
3 Verulam Buildings is ‘one of the premier sets at the English commercial Bar’ with esteemed members recognised for their extensive experience handling the whole spectrum of arbitration proceedings with wide-ranging sectorial and geographical reach. Amongst the most in-demand arbitrators are Ali Malek KC who has a track record of presiding over ICSID cases, Zachary Douglas KC, whose experience as an arbitrator ranges from commercial to public international law matters, Christopher Symons KC
, a full time international commercial arbitrator and Jane Davies Evans KC, a dual-qualified barrister and chartered accountant, with expertise in energy disputes, construction and commercial disputes. Alongside a busy arbitration counsel practice, Christopher Harris KC has become an increasingly sought-after arbitrator in commercial and investment arbitration matters across Asia, Africa and the Middle East.
London Bar > Financial services regulation
(Leading Silks)Ranked: Tier 2London Bar > International arbitration: counsel
(Leading Silks)Ranked: Tier 1Ali Malek KC –3 Verulam Buildings ‘Ali is an excellent user-friendly lawyer who is a pleasure to work with, accessible and has a commanding presence in court; he demonstrates strong commitment to the wider legal team, and is an effective and persuasive advocate who has an uncanny ability to read his tribunal. Ali’s strength is in his very smooth and measured delivery, and he never fails to impress with his ability to spot the points that will matter most to the tribunal, and to deal effectively with them.’
London Bar > Banking and finance (including consumer credit)
(Leading Silks)Ranked: Tier 1Ali Malek KC –3 Verulam Buildings ‘A persuasive advocate who gets straight to the point.’
London Bar > Commercial litigation
(Leading Silks)Ranked: Tier 1Ali Malek KC –3 Verulam Buildings
‘Understands how judges think and has a unique ability to understand clients’ commercial imperatives.‘
London Bar > Fraud: civil
(Leading Silks)Ranked: Tier 1Ali Malek KC –3 Verulam Buildings ‘The leading civil fraud KC in London. Ali has seen it all and understands how judges think.‘
London Bar > Professional negligence
(Leading Silks)Ranked: Tier 3Ali Malek KC –3 Verulam Buildings ‘A persuasive advocate who gets straight to the point.’
3 Verulam Buildings has a strong specialism in commercial related professional negligence claims. Andrew Onslow KC acts for the claimants in a case where hundreds of former customers of Clydesdale Bank have sued Clydesdale and its parent company, National Australia Bank, for fraud and negligence, alleging that they were misled about their liability to pay swap breakage costs to Clydesdale on early termination or restructuring of business loans. Additionally, Ali Malek KC currently acts for one of the defendants, ED&F Mann Capital Markets Limited, on a £1.5 billion claim brought by the Danish Customs and Tax Administration, which claims professional negligence and negligence concerning allegedly fraudulent application for the refund of dividend withholding tax – the matter is against the backdrop of the dispute between SKAT and Solo Capital Partners, concerning what is alleged by the Danish authorities to be a “cum-ex” fraud.
London Bar > Energy
(Leading Silks)Ranked: Tier 4Ali Malek KC –3 Verulam Buildings ‘Ali is the senior dean of international energy disputes, very smart and very practical.’
The English Bar Offshore > The English Bar Offshore
(Leading Silks)Ranked: Tier 4Ali Malek KC –3 Verulam Buildings ‘Top quality advice and a user friendly, excellent advocate who knows that often less is more.’
Asia Pacific - The English Bar > Commercial
(Leading Silks)Ranked: Tier 2Ali Malek KC – 3 Verulam Buildings ‘A persuasive and highly experienced silk.’
‘Leading commercial set‘ 3 Verulam Buildings has ‘strength and depth of talent at every level‘. Investment treaty and commercial arbitration continue to be key areas of instruction within the set’s Asia Pacific practice. Ali Malek KC regularly appears in disputes under HKIAC, ICC, SIAC and LCIA rules, and is sought after for his expertise in investor-state disputes. Saima Hanif KC is ‘very energetic and responsive‘ and ‘her advocacy exudes confidence‘; she is a key name for financial regulatory matters. Rajesh Pillai KC is ‘highly recommended for commercial disputes‘, with ‘excellent advocacy skills and strong judgement – a real asset to the team‘.