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Mark Beeley

Partner

London

Mark Beeley is “the standout performer: a highly skilled advocate who is a match for any heavyweight silk in a hearing, but also sees the wider commercial context. He is able to fix the strategy and deliver it, giving clients the confidence that the man at the front really understands and cares about their case.” - Legal 500 UK

Mark leads Orrick’s global international arbitration practice group, and acts as advocate and counsel whether in international arbitrations (both commercial and investor-state) or in litigation in the English and DIFC courts. He has particularly deep experience in energy disputes, but also regularly acts in construction, technology, insurance, shareholder and white-collar/civil fraud matters (including advising on sanctions and export controls).

Mark has acted in arbitrations under all the major arbitration rules in disputes seated around the globe involving a wide range of governing laws and sits as arbitrator (including both as chairman and sole arbitrator). He previously practiced in Dubai as a Registered Foreign Lawyer and maintains a practice as advocate (and solicitor) in both the English and DIFC Courts (along with supervising cross-border litigation in multiple other jurisdictions). He is recognised in the leading directories for arbitration, litigation and natural resources disputes (including Chambers & Partners, Legal 500, GAR and Who’s Who). In addition, he has been recognised as a foreign expert in disputes in both the UAE and India by Chambers.

He has a particular interest in energy sector disputes, including those in the upstream and LNG areas  he knows “oil and gas inside out” and is “as knowledgeable as anyone about international arbitration in the energy sector, specifically oil, gas and renewables” (Chambers & Partners UK ) and is recognised in Who's Who Legal for Energy, Chambers UK for Energy & Natural Resource Disputes and Legal 500 for Oil & Gas), but has dealt with matters across the industry, running the gamut from seismic acquisition agreements through to IP disputes involving refined products, carbon trading agreements and the construction and licencing of renewable projects. He recently led the AIEN Model Form Revision sub-committee focusing on the dispute resolution aspects of the model form JOA.

As illustrated below, beyond energy, Mark has acted in the infrastructure/construction, technology, insurance, fintech, pharmaceutical, telecoms, insurance and finance sectors (amongst others) and also advises extensively (both in the advisory context and in leading investigations/claims) in relation to white-collar/fraud matters, including money laundering, bribery, sanctions and export control issues.

Originally called to the English Bar and now practicing as a solicitor-advocate, Mark frequently publishes and speaks on arbitration and energy matters, including on questions of sovereign immunity, res judicata, arbitration procedure, the award of interest and other questions on damages. Mark serves as a member of the ICC's Commission on Arbitration & ADR, as well as on the ICC UK's Arbitration & ADR Committee. He also leads Orrick's London Office.

  • ENERGY & INFRASTRUCTURE

    • Representing the claimant consortium in three UNCITRAL arbitrations against the Indian government under a production sharing contract. The disputes have run for over 20 years, and have spawned challenge proceedings before the Malaysian courts as well as enforcement/challenge and other satellite proceedings in the Indian courts.
    • Acting for a listed Scandinavian exploration and production company in ICC London arbitration against a Middle-Eastern state concerning claims in relation to the contractor's cost recovery under a production sharing contract and abusive conduct on the part of the state.
    • Acting for the developer of a field offshore Israel in LCIA London arbitration proceedings in relation to the fabrication of an offshore platform.
    • Representing the operator in ICC arbitration proceedings concerning the attempts by a non-operator to block a field development under a JOA.
    • Representing a listed Scandinavian exploration and production company in relation to fraud proceedings being brought against an oil field services company (ICC London) and a former employee (in the Scottish courts).
    • Representing a CIS state in Paris ICC arbitration proceedings brought by an investor over the termination of a production sharing contract.
    • Representing an African free zone development providing full logistic support to deepwater oil and gas operations in 12 LCIA arbitrations being pursued by an erstwhile joint venture partner under contracts governed by both English and Nigerian law.
    • Representing a major US listed oil company in London LCIA arbitration proceedings relating to a drilling rig which had a number of emergency incidents in deep water hostile environment circumstances.
    • Representing a FTSE 100 company in Zurich UNCITRAL arbitration against two Chinese state entities concerning the failure to pay overriding royalty interests relating to production blocks in Mongolia.
    • Acting for an energy company in London LCIA arbitration proceedings arising out for a contingent payment obligation in an agreement to swap two hydrocarbon blocks.
    • Acting for a UK FTSE listed energy company in a dispute (New York seat, UNCITRAL Rules) with an oil major concerning a long-term LNG shipping agreement and related disputes arising under a shareholders agreement.
    • Acting in a dispute (London seat, UNCITRAL Rules) between two oil majors concerning the operation of a sole risk clause in a joint operating agreement relating to a production block in South East Asia.
    • Acting for a Chinese SOE in a dispute against a Latin American state oil company concerning 40+ breaches of warranty and indemnities in a farm-out agreement relating to three production blocks (ICC, London seat).
    • Acting for a supermajor in ICC London arbitration proceedings to enforce the payment of cash-calls by a defaulting joint venture partner under a JOA.
    • Acting for a major Indian conglomerate in relation to four production sharing contracts. The Delhi seated ad hoc arbitrations were brought against the Indian government and concerned penalty payments for having not fulfilled minimum work programme obligations.
    • Acting for a private equity fund who had indirectly invested in an exploration block in Kurdistan. The ICC London arbitration concerned breaches of a shareholders agreement (including claims of shareholder prejudice) and led to subsequent satellite litigation in the Jersey and English courts.
    • Acting for the claimant in a contractual ICSID arbitration against a South American government, concerning discrimination in the setting of electricity tariffs.
    • Acting for the claimant drilling contractor in Paris seated ICC arbitration concerning a contract for the drilling of oil wells onshore Oman.
    • Acting for the claimant in a Singapore seated ICC arbitration proceeding against a Pakistan state entity concerning the curtailment of gas supplies under a gas sales agreement, including the supervisions of the defence to a challenge to the award.
    • Acting for the claimant in an UNCITRAL arbitration between the parties to a joint operating agreement concerning the development of an oil field off the coast of India and the forced forfeiture of one party’s interest (London Seat).
    • Acting for the US claimant in a London LCIA arbitration concerning disputed rights to access proprietary waste coal-to-liquid fuel technology.
    • Representing a subsidiary of a Middle Eastern State investment company in relation to LCIA proceedings over a contract for the fabrication of a steam turbine (including the corrupt procurement of that contract). This included appearing as advocate in the English Crown Court.
    • Acting for the claimant in an ICC arbitration concerning the (defective) design of a Power/Steam and CO2 co-generation facility in the Philippines (Manila Seat).
    • Acting in LCIA arbitration proceedings on behalf of a BVI claimant concerning the breach of a settlement agreement related to an oil and gas block offshore Nigeria. These proceedings included satellite proceedings in the Nigerian courts as well obtaining as an interim order of over US$50 million in security for part of the amount in dispute.
    • Acting for the respondent (a US independent oil company) in two ICC arbitrations brought by a Venezuelan SOE over a disputed oil supply agreement (London Seat).
    • Acting for a South American gas transportation company in connection with an ICC arbitration against two Latin American state entities (Paris Seat) arising out of gas transportation agreements.
    • Acting for a Chinese claimant in LCIA arbitration proceedings concerning an interest in a hydrocarbon block in a Latin American state.
    • Acting for the respondent owner in a US$1 billion AAA UNCITRAL Rules arbitration involving a power generation facility in South America (New York Seat), which was heard on an expedited basis.
    • Acting for a Middle Eastern procurement company in a suite of five ICC arbitrations brought by various engineering/fabrication companies following the cancellation of two major power projects in India.
    • Representing a Chinese power company in HKIAC arbitration concerning the non-generation of carbon trading credits.
    • Acting on behalf of a drilling contractor in a HKIAC arbitration concerning a contract for the drilling of hard minerals (Hong Kong seat).
    • Representing a Brazilian seismic acquisition and interpretation company in an ICC London arbitration against an East African field operator.
    • Representing the defendants in ICC London arbitration, under Italian law, concerning alleged breaches of fraud warranties in respect of the sale of an oilfield services company.
    • Acting in a Commercial Court dispute concerning fraud in a joint venture for the importation of petrol into Guatemala.
    • Defending two Brunei corporations in a claim before the English High Court relating to interests in a hydrocarbon field and the alleged breach of a non-circumvention agreement.
    • Representing the claimant (a subsidiary of a UK listed company) in Commercial Court proceedings concerning the supply of defective tubing in respect of an offshore African oil and gas development.
    • Acting in expert determination proceedings between two oil Majors relating to pricing under a long term gas supply agreement.
    • Representing a global commodities trader in ICC London arbitration in relation to a joint venture dispute arising out of the construction of a terminal in the CIS.
    • Representing a façade sub-contractor in disputed termination proceedings with the main contractor in relation to the construction of a petroleum university in the Kingdom of Saudi Arabia (ICC London).
    • Acting for a UAE SOE in a construction dispute being heard under the LCIA Rules, concerning the construction of the world’s largest aluminium smelter.
    • Acting for a major UAE company in a dispute concerning the construction of a flag-ship mall and lifestyle development project in Dubai.
    • Representing a Spanish contractor in ICC London arbitration proceedings arising out of the construction of a power plant in the Caribbean.
    • Representing a German contactor in TCC proceedings against an owner and a sub-contractor arising out of a domestic UK waste-to-energy project.
    • Defending a US listed company against a Serious Fraud Office investigation related to violations of international sanctions and the Iraq ‘Oil for Food’ scandal.
    • Advising multiple developers and offtakers in relation to the civil and criminal issues arising the generator commissioning clause time limits under section 4 of the UK Electricity Act 1989.

     INVESTOR-STATE ARBITRATION

    • Represented a super-major in its successful annulment defence of its ICSID award against Argentina.
    • Represented a US energy company in the successful defence of its ICSID award against Argentina, which was under annulment challenge.
    • Acting for a Mauritian investor in bilateral investment treaty claims against India, in relation to the cancellation of telecoms licences.
    • Acting for the claimant (the owner of an expropriated rubber factory) in London LCIA arbitration proceedings brought against an Eastern European state under both a bilateral investment treaty and a commercial agreement. This case raised complex and potentially unique jurisdictional issues as to whether a treaty claim could be brought within a contractual arbitration.
    • Acting for the claimant in a contractual ICSID arbitration against a South American government, concerning discrimination in the setting of electricity tariffs.
    • Acting for the claimant in an ICSID arbitration against a Caribbean government, concerning the withdrawal of a tender to develop an oil field.
    • Acting for a private equity fund in an UNCITRAL arbitration brought in relation to breaches by Ecuador of its bilateral investment treaty with the US, concerning the seizure of two power barges.

    OTHER REPRESENTATIVE EXPERIENCE

    • Obtaining a worldwide freezing order from the English High Court in support of the enforcement of a foreign arbitral award.
    • Representing a generic drug manufacturer in a suite of ten ad-hoc arbitrations (London seat) against an insurance tower in a denial of coverage claim.
    • Representing a mining company in related proceedings before the English and Scottish courts concerning alleged shareholder misconduct and oppression.
    • Defending a solicitor in the Commercial Court against accusations that he engaged in an unlawful conspiracy to avoid a client being liable for a $1.6 billon arbitration award, including the defence of door-step Norwich Pharmacal orders.
    • Defending a high net worth individual in Commercial Court proceedings (including defending ex parte freezing orders) concerning allegations of fraud/wrongful dealings in relation to certain financial instruments.
    • Representing a sovereign state in enforcing a foreign seated arbitration award via the English courts.
    • Representing a sovereign state in ICC arbitration, defending a claim brought under a forged contract.
    • Acting for a non-resident high net worth individual in defending applications in the English High Court by a foreign tax enforcement body to obtain disclosure of his financial records.
    • Representing a private equity company in relation to warranty claims arising out of their disposal of a Turkish healthcare business (ICC London).
    • Representing a private equity fund in various interrelated DIAC arbitrations against a former management team who had stolen confidential information. These actions also involved related proceedings in the UAE civil and criminal courts.
    • Acting for a US claimant in New York UNCITRAL arbitration proceedings concerning the allocation of tax benefits under a tax deed related to a sale and purchase agreement with a Brazilian SOE.
    • Representing a Russian claimant in LCIA London arbitration proceedings concerning the fraudulent sale of a dairy farm business, including defending related challenge proceedings in the English courts.
    • Representing a cutting edge aircraft seating manufacturer in a Commercial Court claim against a flag airline carrier.
    • Acting for the claimant private equity fund in an ICC arbitration concerning a Bermudan partnership dispute (Tokyo Seat).
    • Acting for the purchaser of a pharmaceutical manufacturing facility in respect of claims in ICC arbitration under a sales agreement concerning the presence of asbestos on site.
    • Acting for the claimant US company in ICC arbitration proceedings against a Middle Eastern Sovereign Fund, in a Dubai seated dispute, concerning the exclusive exploitation of scrap metal stockpiles.
    • Acting for the claimant in an ICC arbitration between the parties to a fibre optic telecommunications cable running from the UK to Japan (The Hague Seat).
    • Acting for the defendant bank in an UNCITRAL arbitration arising out of a share purchase agreement relating to the acquisition of a rescued bank (London seat).
    • Acting for a logistics company in LCIA London arbitration proceedings (and subsequent Kuwaiti court enforcement proceedings) against a Kuwaiti trading company.
    • Representing a private equity fund in DIFC Court proceedings (both first instance and Court of Appeal) against an individual who had corrupted the management team of one of its project companies.
    • Represented a Middle East commodities exchange in DIFC Court proceedings relating to the termination of a member’s interest on the exchange.
    • Defending an English High Court action relating to the theft of confidential information, including obtaining the discharge of both search & seizure orders and worldwide freezing orders.
    • Suing a Russian company in the English High Court for breach of guarantee obligations supporting a US$300 million loan.
    • Acting for an Italian fashion house in multi-jurisdictional proceedings (predominately in the New York courts) in a dispute with an international finance agency in relation to a joint investment in Tajikistan.
    • Defending two individuals in connection with joint FCA/Department of Justice investigations into a significant loan to an African state which is alleged to have been mis-sold when syndicated.
    • Advising in relation to multiple proceedings before the Indian courts, including in relation to: (i) the demerger of a significant power/energy group, and (ii) the disposal of significant telecoms assets.
    • Leading an investigation on behalf of a US investor into alleged corruption in the award of a contract in the Spanish railroad sector.
    • Designing and implementing anti-corruption policies and trainings across a broad range of international and domestic companies.
    • Advising in relation to a UK Public Enquiry

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