Mark Clarke

Partner, London

Biography

“Skilled in all forms of energy-related dispute resolution” and “… clever, with a good strategic brain” (Chambers UK), Mark Clarke is “outstanding” in international arbitration, “a class act” in commercial litigation and a Leading Individual in relation to the oil & gas sector (Legal 500).

Overview

Mark Clarke is a partner in White & Case's Dispute Resolution department in London. He co-heads the firm's Global Oil & Gas Disputes Group.

Mark has significant experience in international arbitration and has acted as counsel and advocate in arbitrations under the rules of the ICC, the LCIA, the DIFC-LCIA, the SCC and UNCITRAL. Mark also has considerable experience of resolving disputes through litigation (both in the English courts and elsewhere) and other forms of dispute resolution, such as adjudication and mediation.

Mark has represented governments, state owned entities and some of the largest companies in the world in numerous complex cross-border disputes. He has advised on disputes arising in or related to the following jurisdictions: Angola, Argentina, Australia, Austria, Brazil, the Cayman Islands, Denmark, Egypt, France, Germany, Ghana, Iceland, Iraq, Italy, Japan, Jordan, Kazakhstan, Kenya, Morocco, The Netherlands, Nigeria, Oman, Papua New Guinea, Qatar, Russia, Sao Tome & Principe, Saudi Arabia, Sierra Leone, Spain, Thailand, Tunisia, the UAE, the USA and the Yemen.

In addition to his experience in the oil & gas sector, Mark has significant experience of product liability litigation, consumer safety issues, collective redress and private competition litigation, and he has acted for clients in relation to investigations concerning mis-selling, market manipulation and bribery and corruption.

Mark is a member of the UK Committee of the World Petroleum Council. He sat on the drafting committee of the AIPN Model Dispute Resolution Agreement and he has been a faculty member at various AIPN conferences. He has also taught at the Lagos Court of Arbitration Executive Training School.

Bars and Courts
England and Wales
Education
Postgraduate Diploma in Law
Oxford Brookes University
Postgraduate Diploma in Legal Practice
The College of Law
MA
Peterhouse, University of Cambridge
Languages
English

Experience

ICC arbitration
Representing a supermajor in multiple arbitration proceedings concerning its interest in a US$ multi-billion LNG project.

ICC arbitration
Representing a supermajor in an arbitration concerning its acquisition of an interest in an exploration block offshore West Africa.

Ad hoc arbitration
Representing a buyer in a price review arbitration concerning one of the highest value import contracts in Europe.

ICC arbitration
Representing a buyer in a price reopener arbitration under an import contract worth EUR several billion.

DIFC-LCIA arbitration
Representing an oilfield services company in an arbitration concerning seismic acquisition in the Arabian Gulf.

LCIA arbitration
Representing a co-venturer in an arbitration concerning a US$ multi-billion exploration dispute involving allegations of loss of a chance.

ICC arbitration
Representing an E&P company in an arbitration concerning seismic acquisition in the Yemen and allegations of force majeure.

UNCITRAL arbitration / expert determination
Representing a West African NOC in an arbitration and expert determination proceedings concerning a tariff adjustment under an offshore mooring agreement.

ICC arbitration
Representing an E&P company in an arbitration concerning drilling operations in Iraq.

High Court litigation
Representing JX Nippon in proceedings in the Commercial Court concerning its acquisition of various North Sea assets and the operation of pre-emption rights.

ICC arbitration
Representing a supermajor in an arbitration concerning its acquisition of an interest in a gas field in Papua New Guinea and the operation of pre-emption rights.

High Court litigation
Representing Woodside Energy Limited in a US$190 million dispute in the Commercial Court concerning a claim brought by Woodside's joint venture partners for the loss of opportunity arising from an alleged breach of a farm-in agreement.

Expert determination
Representing an energy and services company in a pricing dispute concerning a long terms supply agreement for North Sea gas.

Speaking Engagements

Arbitrability in Africa, LCILP Annual Conference, May 2017

Arbitration – trends and developments, The CDR Arbitration Symposium, April 2017

The arbitrability of tax disputes in Nigeria, The Lagos Court of Arbitration, November 2016

Effective Management of Oil & Gas Disputes in the Middle East, AIPN ME Chapter Event, Abu Dhabi, February 2016

Resolving Oil and Gas Disputes: The Options Available and the Key Considerations, AIPN ME Chapter Event, Dubai and Oman, March 2014

Publications

The rise of climate change litigation and what to expect in 2019, BusinessGreen, February 2019

Governing Law in England & Wales, a chapter in Governing Law and Dispute Resolution in the Oil & Gas Industry, December 2018

Power Corrupts – bribery and corruption in the onshore gas industry, Gas International, August 2017

Pre-emption rights – do they add value?, International Energy Law Review, July 2016

Anti-corruption initiatives, a chapter in Latin American Upstream Oil and Gas – A Practical Guide to the Law and Regulation, May 2015

The Price Isn't Right – Gas Pricing Disputes, International Energy Law Review, January 2015

Resource nationalism – a gathering storm?, International Energy Law Review, September 2012

Drafting effective dispute resolution clauses, a chapter in Dispute Resolution in the Energy Sector – A Practitioner's Handbook, May 2012

Judicial Review in England and Wales, a chapter in Dispute Resolution in the Energy Sector – A Practitioner's Handbook, May 2012

Judicial Review in the Energy Sector, International Energy Law Review, September 2011