Call: 1997 (England & Wales)
Matthew Gearing KC is widely regarded as a leading arbitration practitioner of his generation; in particular, he was appointed Queen's Counsel (England & Wales) in February 2014. He has substantial experience of arbitrations, particularly in Hong Kong and the wider Asian region.
He has been in practice in the field of international arbitration and dispute resolution for over 25 years. He was a partner of Allen & Overy for 16 years, head or co-head of the firm’s arbitration group for ten years of those years (and at the firm for 24 years) before moving to the Bar, from May 2021.
Matthew was Chairperson of the Hong Kong International Arbitration Centre (HKIAC) from 2017 to 2020 (Council of the HKIAC, 2008-2020). In addition, he is a past Co-Chair of the LCIA Young International Arbitration Group. He is currently a Vice-President of the LCIA Court. He is also on the HKIAC, SIAC and KLRCA panel of arbitrators, and Prime Finance’s panel of Dispute Resolution experts.
Matthew has acted in a large number of complex arbitrations around the world, both commercial arbitrations and investment treaty arbitrations. His experience includes arbitrations under the ICC, UNCITRAL, SIAC, HKIAC, KLRCA, SCC, LCIA and ICSID Rules.
Matthew has sat as arbitrator in a wide range of matters, as sole and party appointed arbitrator and as Chair, including under the SIAC, LCIA, ICC and HKIAC Rules and in respect of investment treaties, under the ICSID and UNCITRAL Rules.
He is also called to the Bar in Western Australia (2023) and is a Solicitor-Advocate (Non-practicing), Hong Kong (2001).
Matthew is a joint editor of Russell on Arbitration (23rd and 24th Editions) a leading text on arbitration in England & Wales, and has written and spoken widely on arbitration.
Matthew has achieved broad and consistent recognition in the major directories for many years.
Chambers & Partners – Global
Arbitrator in a claim by a PRC investor against Nigeria under the PRC/Nigeria bilateral investment treaty concerning the development of a free-trade zone in Nigeria; Zhongshan v Nigeria
Arbitrator in substantial arbitration between two large energy companies concerning supply obligations relating to a major pipeline. Amount claimed is in excess of US$5 billion.
Arbitrator in substantial arbitration concerning the status of contractual obligations in the light of EU Sanctions imposed following Russia’s invasion of Ukraine.
Arbitrator in substantial Hong Kong seat arbitration concerning a major investment in an industrial entity in the PRC.
ICSID claim filed under the Energy Charter Treaty; Aderlyne Limited v Romania (ICSID Case No. ARB/22/13)
Arbitrator in substantial arbitration concerning the supply of raw materials from a South American mining company to a Middle Eastern entity. Amount in dispute in excess of US$200 million.
Union of India v Reliance Industries Ltd & Anor  EWHC 1407 (Comm), Reliance Industries Ltd & Anor v The Union of India  EWHC 263 (Comm) and Reliance Industries Ltd & Anor v The Union of India  EWHC 822 (Comm): Acting for the Claimants against the Republic of India in long-running commercial arbitration proceedings arising out of two offshore Production Sharing Contracts in the Mumbai basin. The amount in dispute exceeds US$3 billion.
X, Y v ZPRC, ZHK  HKCFI 631: Acting in anti-suit injunction proceedings relating to proceedings in the PRC, including proceedings commenced by a third party.
Competition Commission v Nutanix & Others CTEA 1 of 2017: First instance decision, plus various interlocutory decisions available on the same website. Acting for a software company (1st Respondent) in the first set of breach proceedings brought by the Hong Kong Competition Commission.
Nissan Motor Co Ltd v Republic of India (2017, PCA): Claim for Nissan against the Republic of India in respect of allegations of failure to provide stable investment conditions in respect of Nissan’s large operation in Tamil Nadu. Claim under the Japan/India CEPA (investment treaty).
Baggerwerken Decloedt En Zoon NV v Republic of the Philippines (ICSID, 2017, ICSID); Acting for the Claimants in ICSID proceedings relating to a large dredging project in Metro Manila.
Acting for an oil major in a SIAC arbitration against its joint venture partner relating to exploration activities in an offshore oil and gas block in the Philippines.
Acting for the Owner in a series of arbitrations relating to the Ichthys LNG Project, Darwin, including an arbitration seated in Perth, WA (with Allen & Overy, Perth) and an ICC arbitration seated in Singapore.
Deutsche Bank AG v. Democratic Socialist Republic of Sri Lanka (ICSID Case No. ARB/09/2); Acting for Deutsche Bank in its successful arbitration against Sri Lanka before ICSID under the German-Sri Lanka bilateral investment treaty in respect of indirect expropriation of derivatives.
Acting for the Belize Bank and various other investors in related treaty claims and investment treaty claims against the Government of Belize.
Acting for private equity investors in various disputes with promoters of Indian companies concerning exit rights, including related issues concerning the arbitrability of proceedings before the Indian Company Law Board (NCLT).
Acting for investment banks in various disputes with counterparties concerning derivatives documented under the ISDA Master Agreement.
Acting for the owner of a major hotel in an Asian jurisdiction in a dispute with the operator.
Acting for an Asian lifesciences company in a dispute with a service provider concerning the development of a vaccine.
Acting in a dispute between a PRC based technology company and its private equity investors.
Chairperson, Hong Kong International Arbitration Centre (HKIAC) (2017-2020)
Vice-President, Court, London Court of International Arbitration (LCIA) (2022-)
BA (Law) Hons, New College, Oxford University, 1993
College of Law, Chester, Legal Practice Course, 1995
Editor, Russell on Arbitration, 23rd and 24th Editions.