Partner
Mark is a senior litigator with particular expertise in the maritime and commodities sectors, known for his strategic insight and commercial acumen.
Language - English
Jurisdictions - England & Wales, United Arab Emirates
Mark has played a pivotal role in developing the firm's litigation and arbitration practice in the Middle East. He acts for large trading houses, shipping companies and financial institutions who have a presence in the region.
He is a skilled litigator and solicitor advocate who advises on all forms of dispute resolution and represents clients as counsel in both Court and arbitration proceedings. Recent cases include major frauds, commodities disputes and oil and gas disputes worth hundreds of millions of dollars.
Mark has led numerous significant cases before various international arbitral tribunals, including LCIA, DIAC, LMAA, ICC, UNCITRAL, GAFTA, FOSFA, SIAC, and HKIAC. He has also represented clients in prominent cases before the DIFC and UAE Courts, and the English High Court, many of which have received extensive coverage in the trade and legal press.
Clients value Mark for his shrewd litigation skills and strategic thinking, which set him apart from other legal advisers. His ability to understand legal issues from a strategic point of view and provide out-of-the-box solutions makes him a sought-after litigator in the industry.
CE Energy DMCC v Ultimate Oil and Gas & Ors
Representing a UAE trading house in multiple disputes over unpaid gasoil deliveries to terminals in Nigeria. The disputes involve seven sale contracts governed by English law, with jurisdiction clauses for DIAC arbitration in the UAE, LCIA arbitration in London, and the UK High Court.
ICICI Bank (DIFC Branch) Ltd v B.R. Shetty
Acting as lead counsel in respect of a US$130 million fraud claim for ICICI bank (the largest private sector bank in India) against B.R. Shetty (founder and former Chief Executive of NMC Healthcare) in the DIFC Courts, involving claims under a number of personal guarantees.
MT ARIANA
Successfully acting for Morteza Rajabieslami, the former owner of the vessel MT Ariana (ex Arina), in a claim against Mr Sam Tariverdi, Melousa Inc and Passa Navigation in the High Court. The dispute arises out of Mr Tariverdi's unlawful disposal of the vessel in breach of a trust agreement between Dr Rajabieslami and Mr Tariverdi.
Narciso v Nash
Representing and acting as lead counsel for one of the largest construction and real estate conglomerates in the world in a dispute with a subcontractor over a subcontract for a residential project in Sharjah, UAE. We obtained an urgent anti-suit injunction from the DIFC Court to stop the defendant from continuing local court proceedings brought in breach of an arbitration agreement. The DIFC Court's decision on the injunction, particularly concerning the DIFC-LCIA Arbitration Centre's abolition, is a landmark decision.
Sahara Energy Resources Limited v Rahamaniyya Oil and Gas Limited and Ors
Acting for Sahara, an Africa focused commodities trader with HQ in Geneva, in matters arising out of the storage of gas oil pursuant to a collateral management agreement. This involved arbitration proceedings under LCIA rules as well as extensive ancillary proceedings before the High Court, including applications for injunctions to preserve assets, anti-suit injunction, worldwide freezing injunction and committal of respondents for their breaches of the injunctions.
One of the major players in the global shipbuilding industry
Representing one of the major players in the global shipbuilding industry in an LMAA arbitration regarding alleged breaches of four shipbuilding contracts. The tribunal ruled in favour of our client.
A market leader in the global commodities industry
Representing a large commodities trader in a landmark metals sector fraud against multiple companies concerning purported nickel trades. In 2023, we secured a proprietary worldwide freezing order in England, with matching relief in Cayman, Singapore and Malaysia, and later defeated an application to discharge it.
One of the world's largest traders of nickel
Representing one of the world's largest traders of nickel in a dispute arising out of the breach of an exclusive offtaker agreement before the High Court of London.
A leading petroleum trader
Representing a leading petroleum trader in arbitration proceedings under SIAC rules 2016 and DIAC rules 2022 arising out of a counterparty's non-performance of part of a "packaged deal recap", which the parties entered into on 12 January 2023 for the sale of Gasoline R92.