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 and is widely known for his experience in energy-related dispute resolution. He co-heads the firm's Global Energy Industry Group and his practice traverses all aspects of the energy industry, including the energy transition. Mark also leads the firm's Climate Change 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.

In recent years, Mark has acted on some of the most substantial arbitrations in the world; he has represented governments, state owned entities and corporates 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, Equatorial Guinea, France, Germany, Ghana, Iceland, Iraq, Israel, 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.

Mark is a Fellow of the Energy Institute and sits on the UK Committee of the World Petroleum Council. He was a member of 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.

Mark has written and presented widely on the subject of climate change disputes and is frequently interviewed by, or called upon to provide comment to, the mainstream media, including CNN, The Financial Times and The Washington Post.

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 an international oil & gas company in one of the largest arbitration proceedings in the world, resulting from the consolidation of multiple ICC proceedings concerning the construction of an LNG processing facility.

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

ICC arbitration
Advising a government owned oil & gas company in a dispute with the seller under certain LNG supply contracts for the Indian sub-continent

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

Climate Change Mitigation, Commercial Law, Contracts, Disputes, Damages, London Climate Action Week, June 2021

Climate change and commercial risk, London International Disputes Week, May 2021

Energy asset monetization – releasing value to fund the energy transition, International Petroleum Week, February 2021

Climate change litigation: trends and impact, European Chemical Industry Council training event, May 2019

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

Gas Pricing Disputes, AIPN NOC Conference, London, December 2012

Publications

Climate-related court cases increase, Environment Journal, July 2021

Expert Opinion: Shell ruling a decisive turning point for oil & gas industry, Environment Analyst, June 2021

Emerging trends in climate change legal disputes, BusinessGreen, June 2021

Increased litigation and liability risks associated with climate change legislation, Gas International, June 2021

Climate change disputes in Europe and beyond, The Law Society Gazette, April 2021

Climate Change Plaintiffs Are Getting Creative, Law360, March 2021

Climate Change Disputes, Petroleum Review, May 2020

Climate Change Disputes: public nuisance – where big pharma meets big energy, Energy Voice, February 2020

Climate change litigation is driving the transition, Petroleum Economist Outlook 2020, January 2020

Climate change litigation: how to limit your exposure, Business Chief, August 2019

Awards and Recognition

Mark is a recognized leader in the market of energy disputes, and is the only disputes lawyer to be listed as a Leading Individual in Oil and Gas by Legal 500 and, in 2021, he was listed in The Lawdragon Global Litigation 500 as one of the top 500 litigation and arbitration lawyers in the world. He has also been recognized in the Legal 500 and Chambers directories every year since becoming a partner in 2010.

These directories include the following quotes about Mark:

"Mark Clarke is very sharp and client oriented."
Legal 500 UK 2021 – International Arbitration

"Leading Individual" and "standout partner… for high-end energy disputes"
Legal 500 2021 – Oil & Gas

"Partner Mark Clarke shows outstanding commitment regarding availability and also regarding the quality of his work. Always comes excellently prepared"
Legal 500 2021 – International Arbitration 

"Leading Individual"
Legal 500 2020 – Oil & Gas

"… a good grasp of the law"
Legal 500 2020 – International Arbitration

"Leading Individual"
Legal 500 2019 – Oil & Gas

"… a class act"
Legal 500 2019 – Commercial Litigation

"… simply terrific"
Legal 500 2018 – International Arbitration

"… a class act"
Legal 500 2018 – Oil & Gas

"Notable Practitioner"
Chambers 2018 – International Arbitration

"… outstanding"
Legal 500 2017 – International Arbitration

"… impresses with his 'strong litigation skills' and 'expertise'"
Legal 500 2017 – Commercial Litigation

"… very precise, very able to see the details of the case and responsive"
Chambers 2017 – International Arbitration