• M.A. (Cantab.) (Law), 1983; B.A. 1979
• FCIArb (1993)

• Construction and Engineering
• Infrastructure
• Energy
• Shipbuilding
• Commercial Contracts

• England and Wales (1982)
• Hong Kong (1984)

• Member of Arbitration Chambers (2018 – present)
• Partner of Herbert Smith Freehills (1991 – 2018)
  • Global Head of Construction and Infrastructure Disputes – London
  • Head of Construction and Arbitration – Asia
  • Managing Partner, Hong Kong (2001 – 2006)
• Solicitor, McKenna & Co (London and Hong Kong) (1982 – 1991)

Mark has recently been appointed by the parties, by his co-arbitrators and by the relevant institution as president, co-arbitrator and sole arbitrator under the rules of various major arbitral institutions, including the ICC, LCIA, HKIAC and DIFC-LCIA, in arbitrations relating to:

• A number of major civil engineering projects in Asia;
• Substantial construction and engineering projects in the UAE;
• Several power projects in the UK, Central America and Saudi Arabia; and
• A large industrial project in Africa.

These arbitrations have involved claims up to US$ 150 million under contracts subject to the governing law of England and Wales, Hong Kong, the UAE, Saudi Arabia and Nigeria, with seats in Asia, Europe and the Middle East.

In over 35 years as a solicitor in private practice, Mark had experience of major projects in the UK, Hong Kong, the PRC, Singapore, Brunei, the Philippines, Indonesia, Malaysia, Thailand, the UAE, Saudi Arabia, Qatar, Bahrain, Iraq, Kazakhstan, Egypt, Tunisia, Libya, Nigeria, South Africa, Lesotho, Angola, Republic of Congo, the USA and Russia. In addition to his work as an arbitrator, mediator and dispute board member, he has advised:

• a member of a consortium of international contractors in an ICC arbitration in respect of the termination of an €800 million construction contract for an international rail project;
• an international engineering company in relation to disputes arising out of the design and construction of a waste to energy project in the UK;
• an international contractor on claims for defects and delayed completion of a power station in the Philippines;
• international contractors in pursuing substantial claims arising from a water project in Southern Africa;
• a major UK international civil engineering company on claims arising out of a power project in the Middle East;
• three International joint venture contractors in a number of related arbitration, litigation and mediation proceedings arising out of the construction of the two runways, taxiways and airfield tunnels at the Hong Kong International Airport, the vast majority of which is a man-made platform.  The disputes included design changes, delays and responsibility for ground conditions, and in particular the extent to which the contractors were entitled to additional time and payment where the platform had not been constructed in accordance with the underlying site preparation contract;
• two international contractors on separate claims arising out of a major sub-sea tunnelling project;
• a joint venture contractor in relation to claims for additional payment and extension of time arising from unforeseen ground conditions in a contract for the construction of a tunnel between the PRC and Hong Kong;
• two international joint venture contractors in relation to disputes arising from an expressway project, which required substantial marine reclamation work;
• an Asian transport operator in a dispute over the design and construction of a new dedicated airport line;
• an international joint venture in relation to disputes arising out of the design and construction of a double cable-stayed bridge;
• US consulting engineers in successfully defending claims brought by a Japanese joint venture in relation to the design and construction of a cable-stayed bridge and viaduct;
• an international joint venture in relation to substantial claims arising out of the Central reclamation project in Hong Kong;
• an international engineering company in relation to disputes arising out of the design and construction of a waste to energy project in the UK;
• a substantial Asian independent power producer on claims arising out of the engineering, procurement and construction of a power station in Indonesia;
• an international contractor on claims for defects and delayed completion of a power station in the Philippines;
• international contractors in pursuing substantial claims arising from a water project in Southern Africa;
• a major UK international civil engineering company on claims arising out of a power project in the Middle East;
• a member of a consortium of international contractors in an ICC arbitration against the employer in respect of the early termination of a EUR 800 million construction contract for a high profile international rail project;
• international contractors in relation to claims arising from a major pipeline contract in Libya;
• Russian refinery owners in defending claims by U.S. contractors for additional payment;
• a joint venture of six leading German and Italian contractors on substantial claims arising out of the construction of a dam in the Middle East;
• a transport operator in defeating claims for £250 million arising from an extensive upgrade and refurbishment programme to its core assets;
• an Asian Government in a series of high-value disputes arising out of six major contracts for the construction of a new airport and related infrastructure;
• a leading international air cargo terminal operator in a dispute relating to the construction of a new cargo handling terminal;
• an Oil Major in three substantial disputes on related projects offshore Southern Africa.

Mark has been appointed to the following panels:

• Asian International Arbitration Centre (AIAC)
• Korean Commercial Arbitration Board (KCAB)
• Singapore International Arbitration Centre (SIAC)
• Shanghai International Arbitration Centre (SHIAC)
• Hong Kong International Arbitration Centre (HKIAC)

• Contributing author - Arbitration in Hong Kong: a Practical Guide (2003).
• In the last 30 years, Mark has published numerous papers on construction and engineering law issues and spoken at conferences around the World.  

Professional Activities:

• Hon. Treasurer, and later Hon. Secretary, Chartered Institute of Arbitrators (HK Branch) (1994 – 1997)
• Fellow of the Chartered Institute of Arbitrators (1993)

Accolades:

• "very polished, very intelligent" – Chambers UK 2017
• "sophisticated, decisive advice" – Who's Who Legal 2016
• "a heavyweight lead disputes lawyer … terrific-really excellent" – Chambers UK 2015
• "as good as it gets in the field" – Legal 500 UK 2012
• "extremely responsive and very well qualified in terms of legal knowledge" – Legal 500 UK 2009
• "a serious player who always knows what he’s talking about” – Chambers Asia 2008

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