Contact details

Mark Lakin

T: +971 4407 3930 M: +971 52 120 3195 Email Mark | vCard Office: Dubai

Awards

Mark Lakin Partner

Contact details

Mark Lakin

Mark Lakin
Partner

T: +971 4407 3930 M: +971 52 120 3195 Email Mark | vCard Office: Dubai

Mark is a partner and leads our marine and international trade department for the Middle East region. He has a broad range of commercial litigation and arbitration experience with specialist expertise in the shipping and commodities sectors.
  • Profile
  • Services
  • Sectors

Having spent several years located in both Dubai and London, he has a wealth of knowledge and experience assisting clients in resolving some of their most high-profile and commercially sensitive matters in the Middle East, Europe, Africa and Asia regions.

He is a skilled litigator and solicitor advocate who advises on all forms of disputes resolution and represents clients as counsel in arbitration matters, particularly shipping and commodities disputes.   The disputes range from modest demurrage disputes to oil and gas disputes worth hundreds of millions of dollars.

Mark has acted in a wide range of arbitrations under the DIAC, DIFC-LCIA, LCIA, LMAA, UNCITRAL, GAFTA, FOSFA, ICC, SIAC and HKIAC Rules and in the first ever case before the Emirates Maritime Arbitration Centre ("EMAC") - the UAE’s new maritime arbitration centre. He also has a significant amount of litigation experience, regularly acting in matters before the DIFC Courts and the English High Court.

He is also experienced on the transactional side of the shipping and commodities sectors, having been on secondment to leading trade finance houses, commodities traders and banks. He regularly drafts bespoke sale contracts and advises on the full range of trade related documentation. 

Mark is listed as a recommended lawyer by many of the leading independent legal publications, including Legal 500, for his expertise relating to shipping litigation and physical commodities.

"Mark Lakin, a key [lawyer] for contentious shipping and commodities work."

The Legal 500 EMEA, 2021

  • Dispute resolution
  • International arbitration
  • Marine and international trade
  • Commodities
  • Shipping litigation

Atlas Mara Banking Group

Advising Atlas Mara Banking Group in the successful defence of a high-value and high stakes DIFC Court of Appeal action brought by its former CEO, which also established important precedents on key aspects of the DIFC Employment and Contract Laws.

MOG Holding Ltd v Farzin Abkhare

Acting for MOG Holding Ltd in a DIFC-LCIA Arbitration against Farzin Abkhare for fraudulent misrepresentation and embezzlement of company funds following MOG's acquisition of shares in a number of entities owned by Mr. Abkhare. The claims amounts to US$20 million and the proceedings involved obtaining a Worldwide Freezing Order in the UK against Mr. Abkhare's assets and proceedings in Cyprus to garnish and attach assets located there.

NMC Healthcare

Advising a large Middle East based subcontractor on its claims of US$10 million arising from a project carried out for NMC Healthcare. The matter involved novel insolvency proceedings in the Abu Dhabi Global Markets (ADGM) freezone. 

Sahara Energy Resources Limited v Rahamaniyya Oil and Gas Limited and Ors.

Acting for Sahara, an Africa focused commodities trader with HQ in Geneva, in matters arising out of the storage of gas oil pursuant to a collateral management agreement. This involved arbitration proceedings under LCIA rules as well as extensive ancillary proceedings before the High Court, including applications for injunctions to preserve assets, anti-suit injunction, worldwide freezing injunction and committal of respondents for their breaches of the injunctions.

Integral Petroleum S.A. v Petrogat FZE and Ors.

Acting for the Respondent, a UAE oil trader, in a LCIA arbitration regarding US$ 4.5 million dispute under contract for sale of MSFO and LSFO from Turkmen Refineries. This included extensive High Court proceedings relating to injunctions ancillary to the arbitration, including a three-day contempt of court hearing.

PDVSA v PetroSaudi

Acted for the Venezuelan state oil company in a US$ 500 million disputes with proceedings before an UNCITRAL arbitration tribunal, the English Courts (up to Court of Appeal) and the French Courts.

MOG Holding Ltd v Farzin Abkhare

Acting for MOG Holding Ltd in a DIFC-LCIA Arbitration against Farzin Abkhare for fraudulent misrepresentation and embezzlement of company funds following MOG's acquisition of shares in a number of entities owned by Mr. Abkhare. The claims amounts to US$20 million and the proceedings involved obtaining a Worldwide Freezing Order in the UK against Mr. Abkhare's assets and proceedings in Cyprus to garnish and attach assets located there.

UAE commodities trader

Acting for a UAE based trader in a US$ 2 million GAFTA and US$1 million FOSFA arbitrations concerning the detention of a vessel off Dubai and the subsequent degradation of a cargo of soy beans.

Libyan National Oil Corporation

Acted for the Libyan National Oil Corporation in two LMAA arbitrations and subsequent challenge to those awards in the High Court arising out of claims for the alleged wrongful termination of two charterparties by the NOC.

H&CS Trading v RBRG Trading Ltd 

Advising a leading global commodity trader on the enforcement in England of a New York Convention Arbitration Award.

EMAC arbitration

Acting for a leading UAE offshore services provider in the first ever EMAC arbitration case in respect of the wrongful termination of a number of charterparties for offshore support vessels. 

Petrosaudi Oil Services v Novo Banco & Ors

Acting for the PDVSA, the Venezuelan state oil company, in a multifaceted dispute involving litigation before the English High Court, Court of Appeal, Supreme Court and in an UNCITRAL Arbitration.

Essar Global Fund Limited v Barclays Bank PLC & Ors

Acting for a New York hedge fund in proceedings for the recognition and enforcement of a USD170 US$170 million dollar judgment against EGFL in the DIFC Courts and in subsequent enforcement actions before the UAE Courts.

Libyan National Oil Corporation 

Acted for the Libyan National Oil Corporation in two LMAA arbitrations and subsequent challenge to those awards in the High Court arising out of claims for the alleged wrongful termination of two charterparties by the NOC.

Gulf Petrochem v Various 

Acted on a number of matters for Gulf Petrochem, successfully arresting vessel in the UAE for unpaid bunker claims and obtaining payment from headowners where the debts were owed by charterers.

H&CS v RBRG Trading Ltd.

Advising a leading global commodity trader on the enforcement in England of a New York Convention Arbitration Award.

EMAC arbitration

Acting for a leading UAE offshore services provider in the first ever EMAC arbitration case in respect of the wrongful termination of a number of charterparties for offshore support vessels. 

Sahara Energy Resources Limited v Rahamaniyya Oil and Gas Limited and Ors.

Acting for Sahara, an Africa focused commodities trader with HQ in Geneva, in matters arising out of the storage of gas oil pursuant to a collateral management agreement. This involved arbitration proceedings under LCIA rules as well as extensive ancillary proceedings before the High Court, including applications for injunctions to preserve assets, anti-suit injunction, worldwide freezing injunction and committal of respondents for their breaches of the injunctions.

Integral Petroleum S.A. v Petrogat FZE and Ors.

Acting for the Respondent, a UAE oil trader, in a LCIA arbitration regarding US$ 4.5 million dispute under contract for sale of MSFO and LSFO from Turkmen Refineries. This included extensive High Court proceedings relating to injunctions ancillary to the arbitration, including a three-day contempt of court hearing.

PDVSA v PetroSaudi

Acted for the Venezuelan state oil company in a US$500 million disputes with proceedings before an UNCITRAL arbitration tribunal, the English Courts (up to Court of Appeal) and the French Courts.

UAE commodities trader

Acting for a UAE based trader in a US$2 million GAFTA and US$1 million FOSFA arbitrations concerning the detention of a vessel off Dubai and the subsequent degradation of a cargo of soy beans. 

Sale contract – LCIA Arbitration – quality dispute

Acting for a mining group in a series of quality and misrepresentation claims with a major trading house relating to the supply of lead and zinc concentrates.

Sale contract – LCIA Arbitration – non-delivery

Representing a major oil and gas company in a dispute over the non-delivery of fuel oil.

Sale contract – SIAC Arbitration - non-performance of contract

Acting for a leading global commodity trading company on a dispute relating to the non-performance of a contract for the purchase of iron ore and related settlement agreements.

Owners of a vessel arrest

Acted for the owners of a vessel that had been arrested in Dubai, UAE, for sums allegedly due for bunker fuel supplied by OW Bunkers. Owners paid security to have the vessel released, and we then successfully represented owners at first instance and cassation level in the local Dubai courts in order to have the security released.

MT VICTOR 1

Acting for the bareboat charterers of a vessel in a dispute with headowners concerning headowners refusal to consent the change of management of the vessel (which had previously been with an aligned company). We sought and obtained a mandatory injunction from the High Court which forced headowners to consent to the change of management. 

Time charterparty – LMAA arbitration – cancellation dispute

Advising a state-owned oil and gas company in a claim for wrongful termination of a time charter for an LPG.

Contract of affreightment – LMAA arbitration – penalty clause/demurrage dispute

Acting for a state-owned oil and gas company in relation to a dispute over penalties for missed liftings under a CoA and demurrage.

Voyage charterparty – ad-hoc arbitration – jurisdiction / demurrage dispute

Acting for a shipowner in a demurrage dispute involving issues such as commencement of laytime and time-bars. The case also involved novel jurisdiction challenges and obtaining security for owners in the United States.

Voyage charterparty – LMAA intermediate claims procedure – cargo damage

Acting for a charterer in a claim brought by shipowners under the Interclub Agreement for a contribution for monies paid to receivers arising for damage to cargo.

  • Oil and gas
  • Shipping

Sahara Energy Resources Limited v Rahamaniyya Oil and Gas Limited and Ors.

Acting for Sahara, an Africa focused commodities trader with HQ in Geneva, in matters arising out of the storage of gas oil pursuant to a collateral management agreement. This involved arbitration proceedings under LCIA rules as well as extensive ancillary proceedings before the High Court, including applications for injunctions to preserve assets, anti-suit injunction, worldwide freezing injunction and committal of respondents for their breaches of the injunctions.

Libyan National Oil Corporation

Acted for the Libyan National Oil Corporation in two LMAA arbitrations and subsequent challenge to those awards in the High Court arising out of claims for the alleged wrongful termination of two charterparties by the NOC.

PDVSA v FLOPEC

Acting for the Venezuelan state owned oil company against the Ecuadorian state owned oil company in a number of charterparty disputes valued at US$10 million arising out of a number of longer term contracts of affreightment.

Barclays Bank & Ors

Acted on the successful arrest of vessels belonging to the Essar Group of companies as part of the enforcement of a New York Judgment against the parent company of the Essar Group. The arrests demonstrated the ability in the UAE to obtain vessel arrests against group companies that are not necessarily the judgment debtor. 

Libyan National Oil Corporation

Acted for the Libyan National Oil Corporation in two LMAA arbitrations and subsequent challenge to those awards in the High Court arising out of claims for the alleged wrongful termination of two charterparties by the NOC.

Vessel arrest

Acted for the owners of a vessel that had been arrested in Dubai, UAE, for sums allegedly due for bunker fuel supplied by OW Bunkers. Owners paid security to have the vessel released, and we then successfully represented owners at first instance and cassation level in the local Dubai courts in order to have the security released.

MT VICTOR 1

Acting for the bareboat charterers of a vessel in a dispute with headowners concerning headowners refusal to consent the change of management of the vessel (which had previously been with an aligned company). We sought and obtained a mandatory injunction from the High Court which forced headowners to consent to the change of management.

EMAC arbitration

Acting for a leading UAE offshore services provider in the first ever EMAC arbitration case in respect of the wrongful termination of a number of charterparties for offshore support vessels. 

More: Shipping

Awards

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