Mark has a broad practice in commercial law, international arbitration and investment arbitration. He has acted for corporations, States and State-owned entities in a wide variety of disputes at all levels of the English courts and in arbitrations under all major institutional rules.
He is ranked in legal directories (Chambers & Partners and Legal 500) for ‘International Arbitration’ and ‘Commercial Litigation’ where he is described as a “future star for complex commercial disputes”, “one of the best juniors around”, “comes up with fantastic ideas which nobody else thinks of” and “provides extremely practical advice and clever legal analysis”.
In recent years, Mark has acted (both led and unled) in arbitrations in the energy sector, as well as shareholder disputes. He has also acted in numerous challenges to arbitral awards under ss.67 and 68 of the Arbitration Act 1996, as well as claims for anti-suit injunctions and applications relating to letters of request under the Hague Evidence Convention. He is currently instructed by several States in ongoing challenges to investment treaty awards in the English courts under ss.67 and 68 of the Arbitration Act 1996, which raise novel issues of treaty interpretation.
Mark appeared in the Supreme Court in the leading case on the recognition of foreign heads of state and the foreign act of state doctrine (Maduro Board of the Central Bank of Venezuela v Guaidó Board of the Central Bank of Venezuela [2021] UKSC 57, [2023] AC 156). He also appeared in the Privy Council (on appeal from the Cayman Islands Court of Appeal) in the leading case which defined the boundaries of the doctrine of non-arbitrability (FamilyMart China Holding Co Ltd v Ting Chuan (Cayman Islands) Holding Corporation [2023] UKSC 33, [2024] 1 All ER (Comm) 697).
Before joining Chambers in 2017, 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. He is a graduate of the University of Oxford and the University of Auckland.
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Examples cases
- Acting for a State in proceedings under ss.67-68 of the Arbitration Act 1996 to set aside an investment treaty award in a mining dispute where the damages awarded to the investor exceed £200 million (with Lord Verdirame KC and Philip Riches KC)
- Acting for a State in proceedings under s.67 of the Arbitration Act 1996 to set aside an investment treaty award on jurisdictional grounds (with Alison Macdonald KC)
- Acting for the claimants in an US$18m LCIA arbitration against a Canadian oil and gas company in a contractual dispute concerning financing letters issued in connection with an offshore oil and gas project, as well as contractual rights of first refusal over physical crude offtake contracts (unled)
- Acting for the defendant in resisting a challenge to an LCIA award under s.67 of the Arbitration Act 1996 where the underlying agreement (allegedly containing the arbitration agreement) was found by the tribunal to have been dishonestly fabricated and backdated (unled)
- Maduro Board of the Central Bank of Venezuela v Guaidó Board of the Central Bank of Venezuela [2023] EWHC 1942 (Comm), [2023] EWCA Civ 742, [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 (with Andrew Fulton KC).
- FamilyMart China Holding Co Ltd v Ting Chuan (Cayman Islands) Holding Corp [2023] UKPC 3 [2024] 1 All ER (Comm) 697: acting for the successful 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 Charles Kimmins KC and Toby Landau KC).
Arbitration
- Acting for a State in proceedings under ss.67-68 of the Arbitration Act 1996 to set aside an investment treaty award in a mining dispute where the damages awarded to the investor exceed £200 million (with Lord Verdirame KC and Philip Riches KC)
- Acting for a State in proceedings under s.67 of the Arbitration Act 1996 to set aside an investment treaty award on jurisdictional grounds (with Alison Macdonald KC)
- Acting for the claimants in an US$18m LCIA arbitration against a Canadian oil and gas company in a contractual dispute concerning financing letters issued in connection with an offshore oil and gas project, as well as contractual rights of first refusal over physical crude offtake contracts (unled)
- Acting for the defendant in resisting a challenge brought against an LCIA award under s.67 of the Arbitration Act 1996 where the underlying agreement (allegedly containing the arbitration agreement) was found by the tribunal to have been dishonestly fabricated and backdated (unled)
- Acting for the claimant in a Commercial Court claim for an anti-suit injunction to restrain Pakistani proceedings brought in breach of a London-seated ICC arbitration agreement (with Toby Landau KC)
- Republic of Kosovo v Contourglobal Kosovo LLC [2024] EWHC 877 (Comm): acting for the defendant in resisting a challenge under s.68 of the Arbitration Act 1996 relating to the tribunal’s procedural decisions on quantum issues
- Guaidó Board v Maduro Board [2023] EWHC 1942 (Comm), [2023] EWCA Civ 742, [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 (with Andrew Fulton KC).
- FamilyMart China Holding Co Ltd v Ting Chuan (Cayman Islands) Holding Corp [2023] UKPC 33: acting for the successful 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 Charles Kimmins KC and Toby Landau KC).
- 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 (unled).
- 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 KC).
- 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 KC).
- 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 KC).
- 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 KC).
- 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 KC 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 KC and Luke Pearce (now KC)).
- 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 KC, Philip Riches (now KC) and Luke Pearce (now KC)).
Banking and financial services
- Kairon v FC CB Limited (2025): acting for the claimant in proceedings against an investment advisory firm relating to an investment in UK gilts.
- Northern Borealis Shipping Ltd v PayrNet Limited (2023): acting for the claimant in proceedings against an electronic money institution in a claim for damages for failure to comply with claimant’s payment instructions (with David Lewis KC).
- Guaidó Board v Maduro Board [2023] EWHC 1942 (Comm), [2023] EWCA Civ 742, [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 (with Andrew Fulton KC).
- 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 KC 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 (unled).
- 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
- BYJU’s Alpha Inc v OCI Ltd [2025] EWHC 271 (KB): acting for the claimant in resisting an application by the respondent to set aside a letter of request issued under the Hague Evidence Convention by a US court in the context of USD 500 million+ fraud proceedings.
- Gorbachev v Guriev (2018-2022, Commercial Court): acting for a Russian businessmen in a multi-billion dollar civil fraud claim against his former business partner to recover his interests in respect of an LSE-listed Russian fertiliser business, involving claims of fraudulent breach of trust, set down for a six week trial commencing in January 2023 (with Paul Stanley KC).
- 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 (now KC)).
- 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 (unled).
- 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 KC).
Energy and infrastructure
- Acting for the claimants in an US$18m LCIA arbitration against a Canadian oil and gas company in a contractual dispute concerning financing letters issued in connection with an offshore oil and gas project, as well as contractual rights of first refusal over physical crude offtake contracts (unled)
- 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.
- A v B (2023): advising shareholders of a Canadian mining company in connection with a joint venture dispute relating to a mining project in South America.
- 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 KC).
- 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 KC 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 USD 250 million in a dispute which raised serious allegations of fraud and corruption (with Charles Kimmins KC, Philip Riches (now KC) and Luke Pearce (now KC)).
Jurisdiction, conflicts and enforcement
- BYJU’s Alpha Inc v OCI Ltd [2025] EWHC 271 (KB): acting for the claimant in resisting an application by the respondent to set aside a letter of request issued under the Hague Evidence Convention by a US court in the context of USD 500 million+ fraud proceedings.
- Acting for the claimant in a Commercial Court claim for an anti-suit injunction to restrain Pakistani proceedings brought in breach of a London-seated ICC arbitration agreement (with Toby Landau KC)
- 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 KC).
- 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 KC).
Public international law
- Acting for a State in proceedings under ss.67-68 of the Arbitration Act 1996 to set aside an investment treaty award in a mining dispute where the damages awarded to the investor exceed £200 million (with Lord Verdirame KC and Philip Riches KC)
- Acting for a State in proceedings under s.67 of the Arbitration Act 1996 to set aside an investment treaty award on jurisdictional grounds (with Alison Macdonald KC)
- Guaidó Board v Maduro Board [2023] EWHC 1942 (Comm), [2023] EWCA Civ 742, [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 (with Andrew Fulton KC).
- Advising a foreign government in connection with issues of immunity ratione personae (with Sir Daniel Bethlehem KC).
Shipping
- SFL Ace 2 Company Inc v Allseas Global Management Ltd [2024] EWHC 1877 (Comm): acting for owners in a Commercial Court claim under a guarantee in respect of charterers’ obligations under a charterparty (with Julian Kenny KC).
- 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 KC, Blair Leahy (now KC) 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.
