Mark van Brakel
Partner
Perth
Mark van Brakel
Partner
Perth
Contact Details
Mark is the head of the Asia-Pacific and Australian litigation practice and has extensive experience in complex and strategically significant litigation, international arbitration and contentious regulatory work. He has acted for leading corporations in the energy and resources sector in Australia on matters ranging from major engineering and project disputes, joint venture disputes and arbitrations, through to responding to regulatory investigations and associated civil penalty proceedings. He also acts regularly in director and shareholder disputes.
Mark has been voted by his peers as one of Australia’s Best Lawyers for Litigation since its inception in 2009, and across multiple categories including Alternative Dispute Resolution, International Arbitration, Regulatory, and ‘Bet the Company’ litigation. He has been voted as Western Australia's Alternative Dispute Resolution ""Lawyer of the Year"" for 2014, the International Arbitration “Lawyer of the Year” for 2015 and 2018, ""Lawyer of the Year"" for 2019 - Regulatory Practice.
He maintains rankings in all prominent directories including Chambers, Legal 500, and Doyles Guide where he ranks as “pre-eminent” for commercial litigation in Western Australia. He is also recognised as a National Leader for Arbitration and ranked for Commercial Litigation by Who's Who Legal: Australia & New Zealand 2022.
Expertise
Practices
Litigation, Arbitration and Investigations
Public International Law and Investment Disputes
Investigations, Enforcement and Business Crime
Sectors
Qualifications
Professional
Admitted to practice in Western Australia, 1992
Admitted to practice in Federal and High Courts, 1994
Academic
Bachelor of Jurisprudence (1989) University of Western Australia
Bachelor of Laws (1990) University of Western Australia
Related articles
News: 13 February 2023
A&O further bolsters Asia-Pacific Litigation practice with the hire of Melody Chan
Allen & Overy is further bolstering its Asia-Pacific Litigation practice with the appointment of Melody Chan, a partner based in the Hong Kong office. Melody joins from White & Case, where she was the…
News: 04 October 2021
Arbitration partner Christopher Mainwaring-Taylor relocates to our Singapore office
Publications: 05 July 2021
Country and sustainability risk mitigation: a briefing for energy and mining investors
Publications: 03 April 2020
Covid-19 coronavirus: how the APAC courts and arbitral institutions have adapted to the challenge
Experience highlights
Advising Fortescue Metals Group on the defence of the landmark civil penalty proceedings brought by Australian Corporate Regulator (ASIC) in relation to ASX announcements made by Fortescue concerning “binding agreements” with Chinese State Owned Entities. ASIC alleged that Fortescue failed to comply with its continuous disclosure obligation and engaged in misleading and deceptive conduct in respect of the statements made to the market. The proceedings were subject to multiple appeals with Fortescue being wholly successful in the High Court of Australia. Mark continued to act for Fortescue Metals Group and it founder and substantial shareholder, Andrew Forrest in significant costs recovery proceedings against ASIC
Advising a multinational oil and gas consortium regarding more than USD4bn worth of international arbitration disputes in arising in relation to the onshore construction of a significant LNG project in Australia. The disputes are subject to ICC arbitrations seated in Singapore.
Advising Eni Petroleum on a USD150m Supreme Court proceedings against Sedco Forex International (part of the Transocean group) relating to an alleged breach of contract in relation to the supply of a drilling rig and blow out preventer.
Advising China Metallurgical Corporation on proceedings in the Supreme Court of Western Australia and related international arbitrations in the Singapore International Arbitration Centre claiming AUD80m, arising out of the sale of the Cape Lambert magnetite project in Western Australia.
Expertise
Practices
Litigation, Arbitration and Investigations
Public International Law and Investment Disputes
Investigations, Enforcement and Business Crime
Sectors
Qualifications
Professional
Admitted to practice in Western Australia, 1992
Admitted to practice in Federal and High Courts, 1994
Academic
Bachelor of Jurisprudence (1989) University of Western Australia
Bachelor of Laws (1990) University of Western Australia
Other noteworthy experience
Advising:
- An international upstream oil and gas company, on a USD50 million dispute in relation to separate contracts for the front end engineering and design and procurement, construction, installation, hook-up and testing of, a production processing platform, two pipes and one pipeline end manifold for a field off the Gulf of Thailand. The matter involved SIAC arbitration proceedings.
- A global financial institution in relation to Supreme Court proceedings pertaining to allegedly misleading and deceptive conduct regarding the sale of a Lehman Brothers investment product.
- Oilex in defence of Federal Court proceedings instituted by Zeta claiming misleading and deceptive conduct and breach of the continuous disclosure obligation by Oilex in connection with share placement and convertible loan note agreements.
- Tanami Gold on a dispute involving over a joint venture agreement between Tanami and Metals X.
- A subsidiary of RCR Tomlinson in a major contractual dispute concerning electrical and installation works undertaken at the Argyle Diamonds underground expansion project, involving delay, acceleration and disruption claims.
Recognition
The first choice for some of Australia’s biggest mining and energy companies, with an outstanding track record, huge commitment to the client’s cause and fastidious preparation to perfect effect
Legal 500, 2022
Is technically brilliant, responsive and able to communicate and engage with our business at all levels. Very commercial, practical and down to earth
Legal 500, 2022
Very good judgement and a clear idea of overall strategy and what the client is trying to achieve
Chambers Asia Pacific, 2021
A very gifted arbitration specialist
Chambers Asia Pacific, 2021
Awards & accolades
Alternative Dispute Resolution Practice Group of the Year
2018 Australian Disputes Centre
Arbitration Practitioner of the Year
2018 Australian Disputes Centre
