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Derek P Auchie

1. Introduction

Derek is an experienced dispute resolver, senior academic and qualified lawyer with a former varied civil practice career. He is a part-time tribunal legal member (judge) with three specialist tribunals, and has extensive judicial decision-making experience.

2. Personal Details

Name: Derek P. Auchie, LL.B (Hons), LL.M, Dip. L.P., FCIArb, FHEA.
Firm: Auchie Dispute Resolution: www.resolve-dispute.co.uk
E-mail address: info@resolve-dispute.co.uk
Address: 60 Kildrummy Road, Craigiebuckler, Aberdeen, Scotland, UK, AB15 8HT.
Mobile telephone number: 07803 295199.

3. Educational Background and Qualifications

LL.M International Commercial Law (with Distinction), Robert Gordon University (2007).
LL.B (Hons), University of Aberdeen (1993).
Dip L.P., University of Aberdeen (1994).
In 2011, Derek completed two Masters level courses: Arbitration Practice and Procedure and Arbitral Award Writing (30 credits in total) in order to support his application for Fellowship of the Chartered Institute of Arbitrators. He has been a CIArb Fellow since 2011.

4. Professional Body Activity

Asian International Arbitration Centre (AIAC) Academic Tutors Panel, 2022.
AIAC Panel of Arbitrators, 2022.
AIAC Panel of Mediators, 2022.
Madrid International Arbitration Centre, Panel of Arbitrators, 2022.
Member, Arbitration Ireland, 2022.
Vice President (Membership) (from 2021), Board Member (from 2020) and chair of Planning and Strategic sub-committee (from 2020) of the International Academy of Dispute Resolution (INADR).
Accredited Mediator, Scottish Mediation Network (from 2021).
Former Tutor and assessor, CIArb Approved Faculty List (international arbitration, Membership and Fellowship) (from 2013, re-approved 2017).
CIArb (Scotland) Chairman’s Panel of Arbitrators (from 2017).
Fellow, Higher Education Academy (from 2016).
Weinstein JAMS International Fellow (since 2016).
Mediator, University of Aberdeen internal mediating team (from 2013).
Adjudicator, Centre for Effective Dispute Resolution (CEDR) (from 2011-13).
Fellow, Chartered Institute of Arbitrators (from 2011).
Member, Society of Legal Scholars (from 2010).
Chair (founding), Northern Chapter, Scottish Chartered Institute of Arbitrators (2009-2012, committee member until 2015).
Board Member and Vice Chair, Avenue (mediation and counselling services charity) 2012-2017 (vice chair 2016-17).

5. Employment History

(1) Judicial career

(a) General

Derek has extensive experience of chairing three member panels as well as significant case management experience. He has also made numerous decisions as a sole judicial officer.

He has been appointed as arbitrator in property and partnership arbitrations, both as sole arbitrator and as arbitral chairman.

He has chaired over 600 evidential hearings since he began my judicial work in 2005. All 600 hearings has involved lay and expert evidence, most in three member panels with subject specialist colleagues, all leading to an oral hearing and all requiring a full and reasoned decision.

Some of these decisions are detailed and complex, involving issues of interpretation and the application of legal principles and case law. Some cases were very factually complex. In addition to these hearings, he has case managed hundreds of other cases, issuing directions relating to witness statements, expert evidence, deadlines for documentary evidence, orders of witnesses at hearings and other pre-hearing matters. He has also made and issued decisions on jurisdictional questions as well as other competency points.

He is responsible for judicial training on one of the tribunals on which he sits. In that role, he devises, organises and leads on all judicial training activity. He has been involved in the training and selection of tribunal judges.

He has authored/contributed to judicial guides on process and on written decision reasons.

(b) September 2010 - date: Legal member, Health and Education Chamber, First-tier Tribunal for Scotland

This appointment is similar to the MHTS one (below), involving chairing hearings. These tribunals make decisions on placing requests and coordinated support plans in respect of children with additional support needs. Significant questions arise, including under the Equality Act and the evidence is often complex and voluminous.

(c) April 2009 – November 2010: Member, Professional Conduct Committee, General Osteopathic Council

This UK appointment involved sitting on panels of five or three and considering sanctions for alleged misconduct or malpractice by osteopaths. The case for both sides is presented by lawyers, evidence is led and a written decision is reached. Sanctions range from no action to striking off the register of osteopaths. This role involved reading papers presented in support of and against the allegations, hearing and evaluating oral evidence, asking witnesses questions to clarify oral evidence, weighing up submissions by the parties’ lawyers, applying the procedural rules and the statutory tests to the facts, reaching a decision in collaboration with the other panel members and participating in the framing of a detailed and reasoned decision by the panel. In addition, the role involved input into policy-forming, both on procedural rules for the operation of hearings and on the Code of Practice.

(d) October 2005 - date: Convener (Legal Member) of the Mental Health Tribunal for Scotland (MHTS)

Since October 2005 (the first intake of members for this Tribunal) Derek has chaired over 400 hearings in various locations around Scotland. The role of Convener involves: regulating procedure in the hearing, asking questions of witnesses, offering legal expertise on the panel, deliberating and deciding the outcomes of applications before the tribunal, and framing and communicating the decision and reasons for it.

This work has enabled me to develop or enhance my skills in a number of areas, including: considering and evaluating large volumes of complex factual information; people management skills (both in dealing with other tribunal members and with professional and non-professional witnesses and lawyers); decision making ability, dealing with evidence and arguments in a fair and logical way; written and oral legal reasoning ability; understanding of rules of procedure and statutory provisions; explaining decisions and legal concepts using non-legal language and handling difficult issues with sensitivity.

(2) Academic career

(a) Professor (holding Chair in Dispute Process Law), University of Aberdeen, Scotland, August 2019-date

Senior Lecturer, University of Aberdeen, School of Law (June 2012-August 2019)

His main area of teaching and research is in dispute resolution, in particular arbitration. Derek also teachs and research on the law of evidence.

Derek has been a managing editor of the Journal of Enforcement of Arbitration Awards, since 2018.

He was, until recently, the Programme Director of School of Law LLM Dispute Resolution, and in that capacity organised and helped deliver advanced arbitration law and practice tuition at Masters level, including in an intensive International Arbitration Summer School; to the Faculty of Advocates (Scottish Bar); and to students from around the world, both in online and on-campus modes. He designed and launched that programme.

Academic Line Manager.

Former Law Admissions Selector.

Internal Mediation Team Member.

Chair, Fitness to Practise Committee, Medical and Dental Schools (2012-2017).

Research and teaching activity noted below.

(b) Senior Lecturer in Law and Lecturer in Law Robert Gordon University, Aberdeen (February 2002-June 2012, Senior Lecturer from 2006)

Teaching duties across a number of areas, mainly Dispute Resolution and Law of Evidence, but in other areas also: Legal Systems, Law of Contract (Scots and English law), Criminal Law, Law of Delict/Tort (Scottish and English), Business Law, Property Law.

He also taught Legal Systems and basic Scots Law to students in the following disciplines: Architecture, Building Surveying, Quantity Surveying, Construction Management, Architectural Technology, Business Administration, Business Studies, Forensic Science, Accounting and Finance and Social Work.

Programme leader throughout my ten-year spell at RGU. Leader of the LLB undergraduate programme. Programme leader for a range of postgraduate law courses (PGCert Oil and Gas Law, MSc/LLM Construction Law and Arbitration, LLM Employment Law and Practice).

Extensive experience of the design, launch and leadership of a number of courses including an Online LLB (first in Scotland), Oil and Gas PgCert and online version of MSc/LLM Construction Law and Arbitration, all highly successful courses.

(3) Solicitor (lawyer) private practice career

(a) General

As a result of my private practice career, he has extensive experience of preparation and presentation of cases before a range of Scottish courts including the District Court, Sheriff Court, Court of Session, High Court of Justiciary and in the UK Privy Council. He has also represented clients in public inquiries including traffic commissioner inquiries and at fatal accident inquiry. He has been involved in employment tribunal and immigration tribunal cases.

In the public courts, he represented hundreds of clients in a wide range of disputes including in the following areas: contract, debt action and recovery, personal injury, licensing appeals, Sheriff Principal appeals, Mental Health Act applications, divorce actions, contact and residence applications, appeals to the Sheriff from Children’s Panel decisions, freedom for adoption applications, summary prosecutions, solemn prosecutions and criminal appeals.

He has appeared in and conducted a wide range of hearings including proofs, trials, debates, proofs in mitigation, options hearings, child welfare hearings and appeal hearings.

In the Court of Session, he has instructed counsel in a wide variety of cases including personal injury actions, judicial reviews and Inner House appeals. In the High Court of Justiciary, he instructed counsel in a variety of cases, including trials and appeals against sentence and/or conviction.

(b) Feb 2002 – Oct 2005: Consultant, Bruce MacDonald & Co., Solicitors

(c) June 1997-Feb. 2002: Solicitor (assistant/associate), Bruce MacDonald & Co., Solicitors

(d) June 1996-June 1997: Solicitor (assistant), Messrs Aberdein Considine & Co., Solicitors

(e) June 1994-June 1996: Trainee solicitor, Messrs. Mackinnons, Solicitors

6. Publications

(a) Journal articles

Auchie, D., Taurus Petroleum Ltd v State Oil Marketing Co of the Ministry of Oil, Republic of Iraq, case note, Vol 1, No 1, September 2018, Journal of Enforcement of Arbitration Awards
Auchie, D., Auchie, D., Corroboration Abolition in Scotland: The Value of Confirmation by Coincidence 2015 JR 1.
Auchie, D., The Liberal Interpretation of Defective Arbitration Clauses in International Commercial Contracts: A Sensible Approach? 2007 International Arbitration Law Review, Vol 10(6).
Auchie, D., The Undignified Death of the Casus Omissus Rule, 2004 Statute Law Review 40
Auchie, D., Policy and the Soul of Discretion, 2003 SLPQ 143
Auchie, D., An Oasis: Education, Placing Requests and Religion, 2002 SLPQ 170
Former regular article in the Scottish Law and Practice Quarterly and then with the Scottish Law Gazette entitled Evidence Update.
(b) Books/book chapters
Book chapter: Dawson, L.A.; Auchie, D.; Parratt, D. (in press) The judicial system, reporting and giving evidence in court., In: Donnelly, L., Pirrie, D., Harrison, M., Ruffell, A. & Dawson, L. (eds.). A Guide to Forensic Geology. Geological Society, London, in press and due 2021.
Book chapter: Dawson, L.A.; Parratt, D.; Auchie, D. (2019) The application of forensic soil science in case work and legal considerations., In: Francese, S. (ed.) Emerging Technologies for the Analysis of Forensic Traces. Springer International Publishing, Switzerland, Chapter 17, 245-261
Book chapter: D. Auchie and D Nicolson, Assessing witness credibility and reliability: engaging experts and disengaging Gage? in Evolution or Revolution: Scots Criminal Evidence Law in the 21st Century, Edinburgh University Press, 2019.
Book: Auchie, D., LawBasics Evidence 2nd Ed. (2005), 3rd Ed. (2008), 4th Ed. (2014) and 5^th Ed. (2018), W.Green & Sons.
Book: Scottish Mental Health Tribunal: Practice and Procedure (co-authored) Dundee University Press/Edinburgh University Press, 2009.
Book Chapter: Auchie, D., The Law Relating to Expert Scientific Evidence in the book: Ritz, K., Dawson, L., and Miller, D. (eds) Criminal and Environmental Soil Forensics Springer Press, 2009.
Book Chapter: Auchie, D., Dispute Resolution in Introduction to Law and Legal Obligations, (2006) and (2009) (Dundee University Press/Edinburgh University Press).
Book: Auchie, D., Summary Cause Procedure in the Sheriff Court, 2nd Ed. (2004), LexisNexis.

Book review: Macphail, I.D.: Scottish Criminal Evidence: Procedure and Practice, 2015 Edinburgh Law Review.
Book review: Sheehan and Dickson, Criminal Procedure (2nd ed. 2003, LexisNexis Butterworths) 2004 SCOLAG 54 (March)
Book review: MacKenzie, Written Pleadings (2003, LexisNexis Butterworths) 2004 SCOLAG 154 (August).
(d) Other
Report: Scottish Arbitration Survey 2015 (co-author).
From time to time, he publishes blogs on my website: www.resolve-dispute.co.uk.

7. Public Presentations

(a) Conference Papers

Third Annual Conference on Enforcement of Arbitration Awards, Boston, USA, Special Elements of Enforceable Awards, September 2019.
The 2nd International Soil Forensics Conference, Edinburgh, 30th October - 2nd November 2007: Expert Scientific Evidence and the Law: Some Important Pitfalls.
The Society of Legal Scholars Annual Conference, September 2006: The Interpretation of Dispute Resolution Clauses in Commercial Contracts: A Case for Favourable Treatment?
Conference on Recent Developments in International Commercial Arbitration and ADR: Recent Developments in Procedural Irregularities in International Commercial Arbitration, 8th September 2004.
The Scottish Law Faculties Conference 2003: Sexual History Evidence in Scotland: A Fundamental Re-think?17th April 2003.

(b) Research Seminars

September 2016: Aspects of Statutory Interpretation to Faculty of Law staff at University of Maryland, US.
June 2016, University of Strathclyde: Assessing witness credibility and reliability: engaging experts and disengaging Gage? to group of evidence academics as part of a funded book project.
February 2015: University of Edinburgh (invited): The structure of Statutory Interpretation: A Reorganisation.
University of Aberdeen: Expert Psychological Evidence on Credibility and Reliability in the Scottish Courts: Time for Some Clarity, 2013.
University of Stirling (invited): Recent Developments in the Use of Psychological Expert Evidence in Scotland, December 2007.
University of Aberdeen (invited): The Interpretation of Arbitration Clauses, December 2007.

8. Teaching Experience

Professional Arbitration Skills (LLM course, also known as International Arbitration Summer School).

Dispute Resolution elective on the Diploma in Professional Legal Practice (DPLP), course for qualifying lawyers in Scotland.

Alternative Methods of Dispute Resolution course.

Law of Evidence course (for LLB, qualifying law degree)

Legal Principles course (contract, tort and evidence)

Comparative Conflict Resolution (course coordinator, Baltimore/Maryland Summer School, 2015).

International Arbitration Law course: JD Program, University of Maryland School of Law, September 2016.

Course coordinator of: Regulatory Law course (from 2017); Negotiation Skills course (2017-2019).

Contributions to: Contracting in the Oil and Gas Industry (LLM course)

Oral Advocacy Skills (LLM course)

9. Professional Seminars (selected)

CPD North, Law of Evidence Update to local solicitors, annually (or twice annually) 2004-2020.

RICS, Update on Arbitration (Scotland) Act 2010, February 2015.

CPD North, Mental Health Law Update seminar, September 2005, 2006 and 2011.

Regular seminars to psychologists, psychiatrists and other Tribunal members on statutory tests and on appearance as a witness in ASNTS and MHTS Tribunals.

Aberdeen Probus Club: Lecture on The Admissibility of Confession Evidence in Scottish Criminal Law, September 2008.

Euromoney Legal Training: UK legal system, law of contract and dispute resolution clauses in oil and gas contracts, London, March 2007.

Juridical Ltd., Dispute Resolution Clauses in Oil and Gas Contracts, on various occasions to oil and gas professionals in Aberdeen, Norway and Dubai, 2004-2006.

10. External examination appointments

External Examiner, University of Strathclyde, 2021-date (mediation course).

External Examiner, University of Stirling (from 2009-date) (various including Law of Evidence).

External Examiner, Northumbria University, Newcastle (2016-2019) (various subjects).

External Examiner, University of Edinburgh (2010-2011) (International Arbitration).

11. Other

Academic lead on Scottish Arbitration Survey research project (2015).

Reference Group Member: Post-Corroboration Safeguards Review (‘Bonomy Review’), 2014-date.

Advisory Panel: MiSafe Soil Forensics Project (EU Funded) 2012-date.

Moot Competition organiser and coach: Philip C Jessup International Law Moot Court competitions, UK rounds 2004 and 2005 at RGU. On judging panel for UK finals in London, 2010.

External Panel Member, University of the West of Scotland, Undergraduate Programme Validation Event (2007) and Subject Health Review (2009).

Led organisation of two conferences on Arbitration, in 2004 (an international conference) and one in 2011 (for the Scottish CIArb Northern Chapter).