Mark has a broad practice in commercial law and a growing practice in public international law. In his commercial practice, he has represented clients in energy, shipping, banking and civil fraud disputes. He is frequently instructed as sole counsel or as part of a larger counsel team in international arbitrations (under all major institutional rules) and in disputes before the English courts.
Mark’s cases frequently involve applications for interim relief from courts and arbitral tribunals. He has experience obtaining freezing injunctions, relief from emergency arbitrators, anti-suit injunctions and stays of domestic court proceedings on the basis of jurisdiction and arbitration agreements. Mark has also represented clients in proceedings to enforce arbitral awards under the New York Convention.
Before joining the English Bar in 2016, he practised as a barrister in New Zealand at a leading commercial set. Mark also worked as a law clerk for two leading international arbitrators, where he gained exposure to many commercial and investment treaty arbitrations. He is currently writing a textbook, with co-authors, on the arbitration of joint venture disputes.
Mark holds degrees in both Law and Accounting from the University of Auckland, where he wrote his dissertation thesis on damages in international investment arbitration. Mark also holds a Bachelor of Civil Law degree from the University of Oxford where he obtained a Distinction and the prize for the highest examination mark in the International Law of the Sea course.
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Arbitration
- K v T (2020): representing the claimants in two related ICC arbitrations in a mining dispute in the Democratic Republic of Congo (with Charles Kimmins QC).
- A v B Bank (2019): representing a foreign mining company in related LCIA arbitrations under a facility agreement and a joint venture agreement in the mining sector, including a substantial jurisdiction challenge in one arbitration (with Paul Lowenstein QC and Tamara Oppenheimer).
- S v L (2019): representing claimants in related HKIAC and ICC arbitrations in a billion dollar private equity dispute involving allegations of fraud and sham (with Charles Kimmins QC and Luke Pearce).
- Commodities & Minerals Enterprise Ltd v CVG Ferrominera Orinoco CA (2017-2019): representing the claimant in five related arbitrations seated in different jurisdictions (ICC, LMAA, SMA Rules) against a Venezuelan state-owned entity in the commodities and mining sectors, securing arbitral awards of over US$250 million in a dispute which raised serious allegations of fraud and corruption (with Charles Kimmins QC, Philip Riches and Luke Pearce).
Banking and financial services
- A v B Bank (2019): representing a foreign mining company in related LCIA arbitrations under a facility agreement involving claims under a guarantee and issues relating to appropriation and share valuation following the enforcement of a share pledge (with Paul Lowenstein QC and Tamara Oppenheimer).
- X v Citibank (2018-2020, County Court): representing Citibank in defending numerous claims brought by consumers in connection with alleged PPI Policy mis-selling, including allegations of deliberate concealment of commissions and reliance upon section 32 of the Limitation Act 1980.
- Bou-Simon v BGC Brokers LP [2018] EWCA Civ 1525: representing a trader in an appeal to the Court of Appeal in respect of a claim brought by his former employer to recover a sign-on bonus, involving the implication of terms into a commercial loan agreement.
Civil fraud and asset tracing
- Gorbachev v Guriev (2018-2020, Commercial Court): representing a Russian businessmen in a billion dollar claim against his former business partner to recover his interests in an LSE-listed Russian fertiliser business, involving claims of fraudulent breach of trust (with Paul Lowenstein QC and Tony Beswetherick).
- J v X (2018-2020, Chancery Division): representing a fund and asset management company in claims to recover funds misappropriated by a former employee, involving a successful application for a freezing injunction against ten respondents and various related applications (with Tony Beswetherick).
- M v M (2018-2020): representing a businessman in connection with claims in the Chancery Division and in arbitration against his brothers and related individuals in the hotel industry, involving allegations of conspiracy to injure (with Andrew Fulton).
- Hurst v Green (2020, Chancery Division): representing the respondents in an application for permission to bring contempt proceedings under Part 81.
- S v L (2019): representing claimants in related HKIAC and ICC arbitrations and in proceedings in the Nevis courts in a private equity dispute involving serious allegations of fraud (with Charles Kimmins QC).
Energy and infrastructure
- A v B Bank (2019): representing a foreign mining company in related LCIA arbitrations under a facility agreement and a joint venture agreement in the mining sector, including a substantial jurisdiction challenge in one arbitration (with Paul Lowenstein QC and Tamara Oppenheimer).
- Commodities & Minerals Enterprise Ltd v CVG Ferrominera Orinoco CA (2017-2019): representing the claimant in five related arbitrations seated in different jurisdictions (ICC, LMAA, SMA Rules) against a Venezuelan state-owned entity in the commodities and mining sectors, successfully securing arbitral awards of over US$250 million in a dispute which raised serious allegations of fraud and corruption (with Charles Kimmins QC, Philip Riches and Luke Pearce).
Insurance and reinsurance
- X v Citibank (2018-2020, County Court): representing Citibank in defending numerous claims brought by consumers in connection with alleged PPI Policy mis-selling, including allegations of deliberate concealment of commissions and reliance upon section 32 of the Limitation Act 1980.
Jurisdiction, conflicts and enforcement
- Evison Holdings Ltd v International Company Finvision Holdings LLC (2019-2020, Commercial Court): representing a Russian businessman in a jurisdiction challenge in connection with committal proceedings for contempt, raising allegations of material non-disclosure and issues relating to the Hague Service Convention (with Paul Lowenstein QC).
- P v I (2020): advising foreign entities in relation to the application of the lis pendens rules contained in the Brussels I (Recast) Regulation in connection with proceedings in different EU Member States (with Paul Lowenstein QC).
Public international law
- X v Y (2019-2020, Commercial Court): representing a foreign State entity in confidential proceedings raising issues relating to the recognition of foreign governments, the foreign act of state doctrine and principles of non-justiciability (with Sir Daniel Bethlehem QC and Andrew Fulton).
- Advising foreign investors in connection with the benefits and risks of a corporate restructuring in order to obtain protection under various bilateral investment treaties (with Philip Riches).
Shipping
- C v M (2019-2020): representing owners in an LMAA arbitration in a dispute regarding redelivery of the vessel under a bareboat charterparty (sole counsel).
- A v T (2020): representing owners in an LMAA arbitration in a dispute regarding overpaid hire under a charterparty (sole counsel).
- A v D (2018-2019): representing owners of three vessels in a substantial LMAA arbitration concerning the ownership of shares in an offshore company and the termination of ship management agreements, involving allegations of fraud and issues of Liberian corporate law (with Timothy Hill QC, Blair Leahy and Alex Carless).
- H v U (2018-2019): representing owners of a chemical tanker in an LMAA arbitration to recover an indemnity from charterers arising out of the contamination of cargo (sole counsel).