Arbitration

For over two decades, Mark has appeared in complex, multi-million-dollar arbitrations and international arbitrations. He acts as both counsel and arbitrator in domestic and international arbitrations and has been consistently recognised in legal directories as a leading barrister in international arbitration and litigation.

Mark is actively engaged in the promotion of international arbitration through his roles as Board Member of the Australian Centre for International Commercial Arbitration (ACICA) and Chair of the Australian Bar Association International Committee .

He was awarded Fellowship of the Chartered Institute of Arbitrators (FCIArb) through the Singapore branch and is a Fellow and panel arbitrator of ACICA, a Senior Fellow of the Bali International Arbitration and Mediation Centre (BIAMC) and panel arbitrator and mediator of the Asian International Arbitration Centre (AIAC).

Mark is also an arbitrator approved with the NSW Bar Association. He has been appointed to the panel of arbitrators approved by the Australian Competition and Consumer Commission (ACCC) for disputes involving NBN Co and by the NSW Government for land access arrangements under the Mining Act (NSW).

Select Arbitrations

As arbitrator, of a dispute between the principal and contractor under an EPC Contract in relation to a power plant concerning claims competing claims for delay, delay damages and variations and liquidated damages. (ongoing)
As privilege expert determiner appointed by SIAC panel in significant international construction dispute. (2021)
As arbitrator of commercial dispute under ACICA rules. (2021)
As arbitrator, of a dispute (conducted under the Commercial Arbitration Act NSW) between the principal and contractor under an EPC Contract in relation to a power plant concerning claims competing claims for delay, delay damages and variations and liquidated damages. (2019)
As counsel, successful SIAC Arbitration concerning the design and construction of a polymetallic processing plant in Asia and an international engineering consultant involving claims more than AUD $165 million, and enforcement proceedings in the Federal Court of Australia in which security of USD95 million has been lodged. (refer to – GAR 24 May 2019).
As counsel, SIAC Arbitration concerning a dispute in connection with a landmark development between an Australian structural steel contractor and Korean supplier and fabricator involving claims in the order of AUD $30 million. (2019)
As counsel, during initial phases of ICC Arbitration involving claims and cross claims exceeding AUD $1 billion arising in connection with design and construction of a combined cycle power generation plant in Northern Australia.
On an arbitration referred from the Supreme Court of South Australia (including a hearing of 50+ days) and related proceedings in the Supreme Court of South Australia concerning mining equipment at the Olympic Dam site.
As counsel on the original reference and related court hearings from the Supreme Court of New South Wales, including the long running and significant Sydney Catchment Authority v Abigroup proceedings.
An arbitration concerning a contractual dispute relating to the provision of building materials for Singapore and Malaysia over approximately (hearing over 30 days).
A lengthy arbitration (hearing over 50+ days) regarding a tunnelling project in Sydney and related proceedings on appeal.
An arbitration in relation to a major public building against a major contractor (hearing over approximately 50+ days).

Recent Expert Determinations

Dispute between developer and contractor on major hotel development in Sydney on contractual and technical issues.
Dispute between a State Government Department and a leading contractor on a significant public infrastructure project.

Recent Cases

(* appearing for)

[Arbitration – public policy exemption – issue estoppel ] Gemcan Constructions Pty Ltd v * Westbourne Grammar School (Enforcement of Arbitral Award) [2022] VSC 6.
[Construction Public Infrastructure] *John Holland Pty Ltd v Minister for Works [2021] WASC 312 complex dispute concerning the Perth Children’s Hospital.
[Proceeds of Crime] The Commissioner of the Australian Federal Police v Cranston (No 15) [2021] NSWSC 1332 (for * 58th Defendant).
[Expert Determination] The Illawarra Community Housing Trust Limited v MP Park Lane Pty Ltd* [2020] NSWSC 751.
[Construction] White Constructions Pty Ltd* v PBS Holdings Pty Ltd [2019] NSWSC 1166; White Constructions Pty Ltd* v PBS Holdings Pty Ltd [2020] NSWCA 277.
[Banking] Commonwealth Bank of Australia * v Mastronardo [2019] FCCA 2371 and (No. 2) [2020] FCCA 2614 [2019] FCAFC 127, [2019] FCA 58 [2018] NSWCA 136, [2017] NSWSC 1052 (Special Leave refused [2018] HCASL 361).
[Negligence] Ku-ring-gai Council v Chan* [2017] NSWCA 226 (2017) 224 LGERA 330 – A further development in the law on when a duty of care to avoid economic loss will be imposed, in the context of a certifier and subsequent owner of a residential property.
[Construction] Walker Group Constructions Pty Ltd v Tzaneros Investments Pty Ltd* [2017] NSWCA 27 [2017] 94 NSWLR 108 – A successful claim by the lessee of a container distribution facility for defective works considering the construction of an assignment of the relevant warranty in respect of existing and future rights, the application of the Bellgrove v. Eldridge test where the leasehold was assigned prior to trial, and numerous related issues including causation and betterment.
[Contract, Penalties] PT Thiess Contractors Indonesia v PT Arutmin Indonesia* [2015] QSC 123 – A claim for over $300m for moneys payable under a deed of settlement through a cash distribution agreement.