Skip to content

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

View office →



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

overlapping images graphic

Publications: 09 APRIL 2021

Opportunity and optimism: Review of the UK funds regime - a call for input by the UK government

In a post-Brexit world, the UK government is contemplating significant reform of the tax and various regulatory features of its funds regime.

Read more
Landscape photo of Bratislava at dusk

News: 09 APRIL 2021

Lucia Raimanová promoted to partner in global litigation practice

Allen & Overy is pleased to announce the promotion of Lucia Raimanová to partner in its global litigation practice as of 1 May 2021.

Read more
Close up image of a PCB

Publications: 09 APRIL 2021

When Green meets Digital

What’s behind the new “European Green Digital Coalition”?

Read more
Allen & Overy graphic

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…

Read more