Arbitrator & Mediator
Brandon Malone is an experienced international arbitrator specialising in complex commercial disputes with an emphasis on construction, engineering and energy sectors. He also regularly sits as adjudicator, mediator and expert determiner.
Prior to joining Arbitra, Brandon practiced as a dual qualified lawyer in Scotland and England & Wales for over 25 years.
He is one of the most specialised and experienced construction and engineering arbitrators in Scotland, and was the only solicitor advocate in Scotland accredited as a specialist in both construction and arbitration law.
He is also the only lawyer in Scotland to have been made an Eminent Fellow of the Royal Institution of Chartered Surveyors (FRICS).
Brandon has conducted numerous arbitrations under a variety of rules including those of LCIA and ICDR.
He was the architect of the Scottish Arbitration Centre, having devised the structure of the Centre for the Scottish Government and implemented the proposals. He has led the Centre’s Board from its inception. Brandon Malone led the successful Scottish team that secured the International Council for Commercial Arbitration (ICCA) Congress for Edinburgh in 2022 and chairs the ICCA-New York City Bar-CPR Institute Working Group on Cybersecurity in International Arbitration. He is also a member of the ICC Commission on Arbitration and ADR.
Brandon obtained a Masters degree in Construction Law in 1999 and has specialised in this field since then. He has worked for developers and major contractors in high value disputes across a range of issues, and is regularly appointed as an arbitrator and construction adjudicator in complex disputes.
Recent cases referred to Brandon for determination include large scale commercial and residential development disputes, hospital PFI contracts, and a dispute arising out of the restoration of a city art gallery.
Hailing from Aberdeen, the energy capital of Europe, and having spent his early career there, Brandon has worked on cases relating to various aspects of the industry in Europe and the Middle East. He is a co-director of the International Centre for Energy Arbitration ICEA, a joint project between the Scottish Arbitration Centre and the Centre for Energy Petroleum and Mineral Law and Policy at the University of Dundee (CEPMLP) and co-authored the ICEA report on dispute resolution in the energy sector.
Brandon is an Honorary Lecturer at CEPMLP. He is the director of the annual Energy Arbitration in the Middle East and Africa Conference.
Brandon has dealt with a number of disputes relating to renewable energy, including the construction and engineering aspects of wind turbines, and disputes relating to feed-in tariffs.
Since qualifying in 1993, Brandon has dealt with a wide range of commercial disputes as arbitrator and counsel in a variety of fields.
He has dealt with sports cases, including acting for Edinburgh Rugby in its high profile dispute with the Scottish Rugby Union, cases relating to the film and music industries, and various corporate, partnership, joint venture, international trade, and commercial property disputes.
As Arbitrator & Counsel
Appointed by LCIA London as Arbitrator in a professional fees case where issues of arbitrability determined the outcome
Appointed by ICDR New York as Sole Arbitrator in a franchise dispute concerning US and German parties
Appointed by ICDR New York as Sole Arbitrator under their seafarer scheme with parties in the US and Malta
Appointed by Law Society of Scotland as Sole Arbitrator in a high value dispute between a Spanish resort company and a time share owners association
Appointed by Law Society of Scotland as an adjudicator under the Housing Grants Construction and Regeneration Act in respect of a high value roads dispute
Appointed by RICS as an adjudicator in respect of a complex payment provision dispute
Appointed by RICS as an adjudicator arising out of the termination of a subcontract
Appointed by RICS as an adjudicator in respect of an extension of time claim on a museum refurbishment
Appointed by Law Society of Scotland on a multimillion pound professional negligence claim against an engineer
Representing the liquidator of Tor Homes Limited in a £1million professional negligence claim against a quantity surveyor
Representing Stewart Milne Group in £1m construction contract court claim for building defects in an office block
Representing Stewart Milne Group in a £19m construction contract court claim arising out of a works at a Highland estate
Representing Stewart Milne Group in a £400k construction contract court claim arising out of defects in an office block parking facility
Representing Whyte & Mackay in a £30m professional negligence court claim for structural defects at a whisky bottling facility
Representing a renewable energy company in a turbine performance litigation
Representing a property developer in a £3m construction contract arbitration
Arbitrator and Counsel – 2018 to Present
Director, Brandon Malone & Company, Edinburgh - 2014 to Present