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Mark van Brakel



Mark van Brakel



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.

Other noteworthy experience includes 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.
  • Citigroup 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.



Allen & Overy
Level 12, Exchange Tower, 2 The Esplanade
WA 6000

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Admitted to practice in Western Australia, 1992

Admitted to practice in Federal and High Courts, 1994


Bachelor of Jurisprudence (1989) University of Western Australia

Bachelor of Laws (1990) University of Western Australia

Experience highlights


Awards & accolades

Alternative Dispute Resolution Practice Group of the Year

2018 Australian Disputes Centre

Arbitration Practitioner of the Year

2018 Australian Disputes Centre

News & insights

News: 24 SEPTEMBER 2020

ICBC issues offshore Additional Tier 1 preference shares

Allen & Overy has advised the joint bookrunners and joint lead managers on the issuance of USD2.9 billion 3.58% non-cumulative perpetual offshore preference shares by Industrial and Commercial Bank of…

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Panoramic view of London's skyline

Publications: 22 SEPTEMBER 2020

LCIA introduces new arbitration rules to improve efficiency and effectiveness

The London Court of International Arbitration (the LCIA) has published its new arbitration rules (the 2020 Rules) which will apply to arbitrations commenced from 1 October 2020. This is precisely six…

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Publications: 18 SEPTEMBER 2020

Key Regulatory Topics: Weekly Update 11-17 September 2020

Our weekly update on key regulatory topics affecting the financial services sector. If you would like to receive this update by email and be added to our marketing mailing list please contact…

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Publications: 03 APRIL 2020

Covid-19 coronavirus: how the APAC courts and arbitral institutions have adapted to the challenge

As Covid-19 coronavirus continues to spread across the globe, the various forums for dispute resolution worldwide find themselves presented with novel challenges, in particular relating to issues…

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