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Mark van Brakel

Partner

Email

mark.vanbrakel@aoshearman.com

Phone

+61 8 6315 5970

Offices

Perth

V-CARD
Mark is Head of Australia Disputes 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 ranked for Arbitration and Commercial Litigation by Who's Who Legal: Australia & New Zealand 2024.

Experience

Representative matters

  • Fortescue Limited on the defence of the landmark civil penalty proceedings brought by the 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 its founder and substantial shareholder, Andrew Forrest in significant costs recovery proceedings against ASIC.
  • Assisting a multinational oil and gas consortium regarding more than USD4bn worth of international arbitration disputes in relation to the onshore construction of a significant LNG project in Australia. The disputes are subject to ICC arbitrations seated in Singapore.
  • Eni Petroleum on 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.
  • 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.
  • An international upstream oil and gas company, on a USD50m 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 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

Awards

  • 2018 Australian Disputes Centre “Arbitration Practitioner of the Year”
  • 2018 Australian Disputes Centre “Alternative Dispute Resolution Practice Group of the Year”

Qualifications

Admissions

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

Languages

English, Italian
Disclaimer
A&O Shearman was formed on May 1, 2024 by the combination of Shearman & Sterling LLP and Allen & Overy LLP and their respective affiliates (the legacy firms). Any matters referred to above may include matters undertaken by one or more of the legacy firms rather than A&O Shearman.