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Mark Tushingham

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Clerks' direct contact:
+44 (0)20 7842 1200
Clerks [at] 20essexst [dot] com

Mark joined 20 Essex Street in September 2017 after completing pupillage. During pupillage, Mark gained experience in a wide range of Chambers' practice areas in Commercial Court cases, as well as international commercial arbitrations under a variety of rules (ICC, LCIA, SCC, LMAA and UNCITRAL).

Before joining the English Bar, Mark practised for two years as a barrister in New Zealand. He appeared as junior counsel in several commercial trials in the High Court. He also worked as a law clerk for Sir David Williams QC, where he gained exposure to many international commercial arbitrations and investment treaty arbitrations.

Mark later worked as a research assistant for Dr Michael J Moser, an international arbitrator based in Hong Kong, where he gained further exposure to international commercial arbitrations as a tribunal secretary, in particular under the SIAC Rules and the HKIAC Rules.

Mark is a graduate of the University of Auckland, where he obtained degrees in Commerce and Law (Honours). He is also a graduate of the University of Oxford, where he obtained a Distinction on the BCL.

Specialisations: 

  • Commercial Litigation and Arbitration
  • Energy and Natural Resources
  • Shipping and Commodities
  • Banking and Finance
  • Private International Law
  • Public International Law

Principal Cases: 

Commercial Litigation & Arbitration

Mark has experience in a wide range of commercial litigation and arbitration, including:

  • Sabbagh v Khoury An appeal against an application under s 9 of the Arbitration Act 1996 for a stay of court proceedings in reliance on a Lebanese-seated arbitration agreement (as junior to Philip Edey QC and Andrew Fulton)
  • An arbitration under the LCIA Rules involving a procurement fraud in the oil and gas sector in Ukraine (assisting Andrew Fulton during pupillage)
  • An application under s 32 of the Arbitration Act 1996 for determination of a preliminary point of jurisdiction in an arbitration under the SCC Rules (assisting David Lewis QC during pupillage)
  • An arbitration under the LMAA Rules relating to a claim under guarantees given in connection with shipbuilding finance (assisting Philip Edey QC during pupillage)
  • An arbitration under the ICC Rules arising out of a failed joint venture in the precious minerals sector in Africa, including an application for Emergency Measures pending the constitution of the arbitral tribunal (assisting Andrew Fulton during pupillage)
  • An application for an anti-suit injunction to restrain foreign proceedings brought in breach of a London-seated arbitration agreement (assisting Michael Collett QC during pupillage)
  • An application for a worldwide freezing order in aid of a London-seated arbitration (assisting Andrew Fulton during pupillage)

Energy & Natural Resources

Examples of Mark’s experience in the energy and natural resources sector include:

  • An international arbitration under the LMAA Rules and the ICC Rules involving a dispute under charterparties and related supply contracts for the shipment of iron ore in Venezuela (assisting Charles Kimmins QC and Philip Riches during pupillage)
  • An international arbitration under the ICC Rules involving a shareholder dispute in the oil and gas sector in Africa (assisting Charles Kimmins QC and Andrew Fulton during pupillage)

Shipping & Commodities

Examples of Mark’s experience in the shipping and commodities sector include:

  • Kyokuyo Co Ltd v AP Moller-Maersk A/S A cargo claim raising issues on the compulsory application of the Hague-Visby Rules and its package limitation provision (assisting Sara Masters QC and Daniel Bovensiepen during pupillage)
  • A guarantee claim under a contract for the construction of various newbuild vessels (assisting Sean Snook during pupillage)
  • A claim for damages under a charterparty relating to loss of oil major approval for a vessel (assisting Sean Snook during pupillage)
  • A claim for general average under the York-Antwerp Rules (assisting Sean Snook during pupillage)

Banking & Finance

Examples of Mark’s experience in the banking and finance sector include:

  • An ICC arbitration involving a claim to recover sums under a loan note agreement (assisting Charles Kimmins QC and Blair Leahy during pupillage)

Private International Law

Examples of Mark’s experience in private international law matters include:

  • Chugai Pharmaceutical Co Ltd v UCB Pharma SA A challenge to the English court’s jurisdiction to hear claims relating to a pharmaceutical license agreement (assisting Alexander Layton QC and Oliver Caplin during pupillage)

Public International Law

Mark has experience in public international law. In 2012, he represented New Zealand at the Philip C Jessup Competition in Washington DC, where he was a Semi-Finalist. In 2015, he received the Oxford Law Faculty Prize in International Law of the Sea, after receiving the highest examination mark for that subject on the BCL.

Education and Career: 

Education

  • University of Oxford, BCL (Distinction) (2015) (Commercial Remedies, Restitution of Unjust Enrichment, Conflict of Laws and International Law of the Sea)
  • University of Auckland, LLB (Hons) (Senior Scholar) (2012)
  • University of Auckland, BCom (2012)

Career

  • Research assistant to Dr Michael J Moser (2015-2016)
  • Barrister employed by Sir David Williams QC, Philip Skelton QC and Kelly Quinn, Bankside Chambers, New Zealand (2012-2014)

Scholarships and Prizes

  • Oxford Law Faculty Prize in International Law of the Sea (2015)
  • Directed Studies Course – Private International Law, Hague Academy of International Law (2015)
  • FMB Reynolds Scholarship in Law to Oxford (2015)
  • Semi-finalist, Philip C Jessup International Moot Court Competition, Washington DC (2012)

Publications: 

Appointments and Society Memberships: 

Bar admissions

  • Bar of England and Wales, Lincoln’s Inn (2016)
  • Barrister and Solicitor of the High Court of New Zealand (2012, non-practising)

Society Memberships

  • Young ICCA
  • Young International Arbitration Group