Mark Clarke
Partner
Areas of Focus
- International Arbitration
- International Disputes
- Energy Disputes
- Technology
- Bioenergy
- Claims, Disputes & Litigation
- Climate Change
- Complex Commercial Litigation
- Conventional Power
- Disputes & Investigations
- Energy Transition
- Insurance Litigation
- Liquefied Natural Gas
- Oil & Gas
- Oilfield Services
- Projects & Energy Transition
- Renewable Energy
- Upstream Oil & Gas
- Commercial Arbitration & International Commercial Disputes
- International Investment Disputes
- Energy & Infrastructure
- Private Capital
Mark heads Akin’s international arbitration practice, and is widely acknowledged for his experience of resolving disputes in the energy sector. He has been recognized as a leading oil & gas lawyer by Legal 500 (which described him as a “stand out partner … for high-end energy disputes”). Legal 500 and Chambers have also recognized him in the fields of international arbitration (where he is described as “very sharp and client oriented” and “simply terrific”) and commercial litigation (“a class act”), and Law Dragon included Mark in its list of the Top 500 litigation and arbitration lawyers in the world.
In his 25 years’ experience of handling complex cross-border disputes, Mark has acted as counsel in arbitrations under most of the major institutional rules, throughout Europe, Africa, the Middle East, the Americas and in Asia Pacific. He has handled cases involving all aspects of the energy value chain and, in recent years, he has acted as counsel and advocate in some of the largest arbitrations in the world.
In addition to his international arbitration practice, Mark has considerable experience of resolving disputes through litigation (both in the English courts and, alongside local counsel, elsewhere in the world). Mark has specific experience in relation to collective redress mechanisms, and has advised clients in some of the biggest group actions that have been brought before the English courts.
Mark is a Fellow of the Energy Institute and sits on the UK committee of WPC Energy (formerly the World Petroleum Council). He has taught international arbitration, and has written and lectured extensively, including on the subject of climate change disputes.
Before joining Akin, Mark was an Executive Director and Group General Counsel at global energy company, Proman AG.
- Representing a multi-national energy company in multiple ICC proceedings, plus ancillary litigation and adjudication proceedings, concerning a US$ multi-billion dispute in relation to an onshore LNG project in Australia.
- Representing an independent energy company in two ad hoc arbitrations concerning the price payable for gas off-taken from a gas field in Algeria.
- Representing a French utility in multiple ICC arbitrations concerning the price payable for gas delivered from the Netherlands under a € multi-billion long-term supply contract.
- Representing a multinational energy company in multiple ad hoc arbitration proceedings concerning a price re-opener dispute concerning the largest gas import agreement in Europe.
- Representing a multi-national mining company in a US$ multi-billion group litigation in the High Court concerning liability for the damage caused by the collapse of a dam.
EducationL.P.C., University of Law, London, 1999
M.A., University of Cambridge, 2001
P.G.D.L., Oxford Brookes University, 1998
B.A., University of Cambridge, 1997
L.P.C., University of Law, London, 1999
M.A., University of Cambridge, 2001
P.G.D.L., Oxford Brookes University, 1998
B.A., University of Cambridge, 1997
Bar AdmissionsSolicitor, England and Wales
Solicitor, England and Wales
- Legal 500 UK, Oil & Gas Leading Individual, 2021, 2022.
- Legal 500 UK, International Arbitration and Commercial Litigation, 2021.
- Law Dragon, One of the top 500 litigation and arbitration lawyers in the world, 2021, 2022.
- Fellow, Energy Institute
- UK Committee Member, WPC Energy (formerly the World Petroleum Council)
- Dispute Resolution Drafting Committee Member, Association of International Petroleum Negotiators
- Member, ICC
- Member, LCIA
- Member, Oil & Gas Arbitration Club
Publications
- The UK's Net Zero Strategy: A new era for climate litigation, Environmental Finance, August 2022.
- The UK is on the brink of a new era of climate litigation - corporates need to get ready, Business Green, August 2022.
- New corporate climate litigation risks, Interview for S&P Global, April 2022.
- What is the future of the UK as a venue for climate change litigation?, Environment Journal, February 2022.
- The effects of fossil fuel use – a legal or a political issue?, Law360, January 2022.
- Climate Change Disputes: Rights Based Claims Continue - Petroleum Economist Outlook 2022, January 2022.
- Greenpeace Limited v The Advocate General: the effects of fossil fuel use – a legal or a political issue?, Law Society Gazette, December 2021.
- Shell Legal Ruling Establishes Corporations’ Duty of Care, The Environment, August 2021.
- Climate-related court cases increase, Environment Journal, July 2021.
- Expert Opinion: Shell ruling a decisive turning point for oil & gas industry, Environment Analyst, June 2021.
- Emerging trends in climate change legal disputes, BusinessGreen, June 2021.
- Increased litigation and liability risks associated with climate change legislation, Gas International, June 2021.
- Climate change disputes in Europe and beyond, The Law Society Gazette, April 2021.
- Climate Change Plaintiffs Are Getting Creative, Law360, March 2021.
- Climate Change Disputes, Petroleum Review, May 2020.
- Climate Change Disputes: public nuisance – where big pharma meets big energy, Energy Voice, February 2020.
- Climate change litigation is driving the transition, Petroleum Economist Outlook 2020, January 2020.
- Climate change litigation: how to limit your exposure, Business Chief, August 2019.
- The rise of climate change litigation and what to expect in 2019, Business Green, February 2019.
- Governing Law in England & Wales, a chapter in Governing Law and Dispute Resolution in the Oil & Gas Industry, December 2018.
- Power Corrupts – bribery and corruption in the onshore gas industry, Gas International, August 2017.
- Pre-emption rights – do they add value?, International Energy Law Review, July 2016.
- Website blocks—net neutrality and consumer protection, LexisNexis, January 2016.
- Collective Redress: Parallels Between the Reforms in England & Wales and the Established Australian Regime, The International Comparative Law Guide to Class & Group Actions 2016.
- Competition Litigation in England & Wales, The International Comparative Law Guide to Competition Litigation 2016.
- Anti-corruption initiatives, a chapter in Latin American Upstream Oil and Gas – A Practical Guide to the Law and Regulation, May 2015.
- Competition Law Private Actions in England & Wales: Access to Collective Redress & Plans to Reform, The International Comparative Law Guide to Class & Group Actions 2015.
- The Price Isn't Right – Gas Pricing Disputes, International Energy Law Review, January 2015.
- Competition Litigation in England & Wales, The International Comparative Law Guide to Competition Litigation 2015.
- European Private Enforcement – The Defendants' Perspective, The Private Competition Enforcement Review, 7th Ed., December 2014.
- Litigation and enforcement in the UK (England and Wales): overview, Practical Law Multijurisdictional Guide 2014/15, August 2014.
- Procurement time limits: watch the clock, PLC Magazine, January 2014.
- Anticipated Reforms to the Collective Redress Regime in England & Wales – A Comparison with the Long-Established Australian Regime, The International Comparative Law Guide to Class & Group Actions 2014.
- Competition Litigation in England & Wales, The International Comparative Law Guide to Competition Litigation 2014.
- European Private Enforcement – The Defendants' Perspective, The Private Competition Enforcement Review, 6th Ed., December 2013.
- Competition Law Private Actions in England & Wales: Access to Collective Redress & Plans to Reform, The International Comparative Legal Guide to Class & Group Actions 2013.
- Oil Company and Host Country Disputes: The Options Available and How to Maximize Them, AIPN EA Chapter Event, London, July 2013.
- Gas Pricing Disputes, AIPN NOC Conference, London, December 2012.
- Resource Nationalism – A Gathering Storm?, International Energy Law Review, September 2012.
- Drafting Effective Dispute Resolution Clauses, a chapter in Dispute Resolution in the Energy Sector – A Practitioner's Handbook, May 2012.
- Judicial Review in England and Wales, a chapter in Dispute Resolution in the Energy Sector – A Practitioner's Handbook, May 2012.
- Judicial Review in the Energy Sector, International Energy Law Review, September 2011.
- Contractual disputes: claims for loss of chance damages, PLC Magazine, November 2010.
Speaking Engagements
- Case update: R (on the application of Thornton) v OGA, Oil & Gas UK Legal Conference, September 2021.
- Climate Change Mitigation, Commercial Law, Contracts, Disputes, Damages, London Climate Action Week, June 2021.
- Climate change and commercial risk, London International Disputes Week, May 2021.
- Energy asset monetization – releasing value to fund the energy transition, International Petroleum Week, February 2021.
- Climate change litigation: trends and impact, European Chemical Industry Council forum, May 2019.
- Arbitrability in Africa, LCILP Annual Conference, May 2017.
- Arbitration – trends and developments, The CDR Arbitration Symposium, April 2017.
- The arbitrability of tax disputes in Nigeria, The Lagos Court of Arbitration, November 2016.
- Effective Management of Oil & Gas Disputes in the Middle East, AIPN ME Chapter Event, Abu Dhabi, February 2016.
