Mark has a broad practice in commercial law, international arbitration and public international law. He has acted for corporations and State-owned entities in a wide variety of disputes at all levels of the English courts and in international arbitrations under all major institutional rules.
Mark recently acted for the “Guaidó Board” of the Central Bank of Venezuela in its successful appeal to the Supreme Court (and subsequent proceedings in the Commercial Court) in widely reported proceedings arising out of Venezuela’s constitutional and political crisis and the battle for control of Venezuela’s gold reserves at the Bank of England.
Mark is currently instructed in a number of other high-profile cases, including an appeal to the Privy Council (from the Court of Appeal of the Cayman Islands) concerning the arbitrability of disputes between shareholders and an ICSID arbitration brought by a US investor against Slovakia concerning oil and gas exploration.
Mark is described as “fantastic lawyer” with a “brilliant legal brain” in legal directories, where he is ranked as a leading junior in the fields of international arbitration and commercial dispute resolution.
Before joining the English Bar in 2016, Mark practised as a barrister in New Zealand at a leading commercial set. He also worked as a law clerk for two leading international arbitrators, where he gained exposure to many international commercial arbitrations and investment treaty arbitrations.
Mark holds degrees in both Law and Accounting from the University of Auckland. Mark also holds a Bachelor of Civil Law degree from the University of Oxford where he obtained a Distinction.
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Examples cases
- Guaidó Board v Maduro Board [2022] EWHC 2040 (Comm), [2021] UKSC 57, [2020] EWCA Civ 129, [2020] EWHC 1721: acting for the Guaidó Board of the Central Bank of Venezuela in expedited proceedings in the Commercial Court, Court of Appeal and Supreme Court to determine which board of directors has authority to control Venezuela’s gold reserves at the Bank of England and other assets located in England.
- Ting Chuan (Cayman Islands) Holding Corp v FamilyMart China Holding Co Ltd (2022): acting for the appellant in its appeal to the Privy Council from the Court of Appeal of the Cayman Islands concerning the arbitrability of disputes raised in a petition by a shareholder to wind up a company on just and equitable grounds (with Toby Landau QC).
- Discovery Global LLC v The Slovak Republic (ICSID Case No. ARB/21/51): acting for the claimant in a US$500 million+ investment treaty arbitration concerning oil and gas exploration in Slovakia.
Arbitration
- Guaidó Board v Maduro Board [2021] UKSC 57, [2022] 2 WLR 167: acting for the Guaidó Board in its successful appeal to the Supreme Court to determine who has authority to represent the Central Bank of Venezuela in a London-seated LCIA arbitration arising out of the early termination of a gold swap (with Tim Otty QC, Andrew Fulton QC and Sir Daniel Bethlehem QC).
- Ting Chuan (Cayman Islands) Holding Corp v FamilyMart China Holding Co Ltd (2022): acting for the appellant in its appeal to the Privy Council from the Court of Appeal of the Cayman Islands concerning the arbitrability of disputes raised in a petition by a shareholder to wind up a company on just and equitable grounds (with Toby Landau QC).
- G v A (2022): acting for two Romanian businessmen in a London-seated LCIA arbitration concerning an agreement for the sale and purchase of shares in a company and a claim to recover an overpayment of capital gains tax, including issues as to the arbitrability of tax claims (sole counsel).
- ARI v WXJ [2022] EWHC 1543 (Comm), [2022] Bus LR 714: acting for the defendant in an application to determine whether the defendant had validly appointed an arbitrator in a London-seated LMAA arbitration (with Paul Key QC).
- Katanga Contracting Services SAS v Tenke Fungurume Mining SA (2020-2021): acting for the claimant in two related ICC arbitrations against the owner of a mine in the Democratic Republic of Congo, recovering a substantial award in favour of the claimant and resisting counterclaims raising serious allegations of corruption and bribery (with Charles Kimmins QC).
- Tenke Fungurume Mining SA v Katanga Contracting Services SAS [2021] EWHC 3301 (Comm): successfully resisting an application under s 68 of the Arbitration Act 1996 to challenge an ICC award on grounds relating to the Tribunal’s award of funding costs and its procedural decision to decline to adjourn the arbitrations on COVID-19 grounds (with Charles Kimmins QC).
- STA v OFY [2021] EWHC 1574: successfully resisting an application by a Government of a State for an extension of time to bring a challenge under section 68 of the Arbitration Act 1996 to a Final Award in favour of the claimant for sums in excess of US$ 134 million (with Charles Kimmins QC).
- A v B Bank (2019): acting for a foreign mining company in four related London-seated 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): acting for the 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): acting for the claimant in five related arbitrations seated in different jurisdictions (under the ICC Rules, LMAA Rules and 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
- Guaidó Board v Maduro Board [2021] UKSC 57, [2022] 2 WLR 167: acting for the Guaidó Board in its successful appeal to the Supreme Court in connection with a dispute to determine who has authority to represent the Central Bank of Venezuela in its dealings with the Bank of England in relation to US$2 billion of Venezuela’s gold reserves (with Tim Otty QC, Andrew Fulton QC and Sir Daniel Bethlehem QC).
- A v B Bank (2019): acting for 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 (2018-2021, County Court): acting for Citibank 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: acting for 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
- J v X (2018-2020, Chancery Division): acting for 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).
- Green v Hurst [2020] EWHC 937 (Ch): acting for the respondents successfully resisting an application for permission to bring contempt proceedings under CPR Part 81.
- S v L (2019): acting for the 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): acting for 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): acting for the claimant in five related arbitrations seated in different jurisdictions (under the ICC Rules, LMAA Rules and 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): acting for Citibank 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 [2020] EWHC 239 (Comm): acting for 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
- Guaidó Board v Maduro Board [2021] UKSC 57, [2022] 2 WLR 167: acting for the Guaidó Board in its successful appeal to the Supreme Court in relation to the recognition by the UK of foreign heads of state and the scope of the foreign act of state doctrine (with Tim Otty QC, Andrew Fulton QC and Sir Daniel Bethlehem QC).
- Discovery Global LLC v The Slovak Republic (ICSID Case No. ARB/21/51): acting for the claimant in a US$500 million+ investment treaty arbitration concerning oil and gas exploration in Slovakia.
- Advising a foreign government in connection with issues of immunity ratione personae (with Sir Daniel Bethlehem QC).
- 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 (2019-2022): acting for owners in an LMAA arbitration in a dispute regarding redelivery of the vessel under a bareboat charterparty.
- A v T (2020): acting for owners in an LMAA arbitration in a dispute regarding overpaid hire under a charterparty.
- A v D (2018-2019): acting for 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): acting for owners of a chemical tanker in an LMAA arbitration to recover an indemnity from charterers arising out of the contamination of cargo.