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Mark Tushingham

Mark has a broad practice in commercial law and public international law. He has experience acting as sole and junior counsel in the English courts, as well as in international arbitrations under various rules (including ICC, LCIA, SCC, LMAA, SMA, UNCITRAL) and seated in various jurisdictions (including London, Geneva and New York). Examples of Mark’s recent cases include:

  • ICC/LMAA/SMA Arbitrations: Counsel for the claimant in five related arbitrations seated in different jurisdictions against a South American state-owned entity in relation to a US$130m dispute in the commodities and mining sector raising issues of breach of contract, fraud and corruption (with Charles Kimmins QC, Philip Riches and Luke Pearce)
  • Sabbagh v Khoury: Counsel for a number of defendants at the jurisdictional stages of a US$600m claim relating to allegations of conspiracy, including an application for a stay of proceedings under section 9 of the Arbitration Act 1996 and an application for an anti-arbitration injunction to restrain a foreign-seated arbitration (with Philip Edey QC and Andrew Fulton)
  • Advising on domestic and international law issues arising out of the acquisition and export of an item of cultural property (with Toby Landau QC and Guglielmo Verdirame)
  • Bou-Simon v BGC Brokers LP [2018] EWCA Civ 1525: Counsel for the appellant in a successful appeal against a decision of the High Court involving the implication of terms into a loan agreement (with Luke Pearce) 
  • Acting as counsel for an NGO in an application for leave to intervene in advisory proceedings before the International Court of Justice (with Monica Feria-Tinta)

Before joining the English Bar in 2016, Mark practised for two years as a barrister in New Zealand where he appeared as junior counsel in several commercial trials. He also worked for two leading international arbitrators, where he gained exposure to many international commercial arbitrations and investment treaty arbitrations under the ICSID and UNCITRAL Rules.

Mark is a graduate of the University of Auckland in New Zealand, where he obtained degrees in Commerce and Law (Honours). He wrote his dissertation on the subject of damages in international investment arbitration. Mark later went on to pursue postgraduate study at the University of Oxford, where he obtained a Distinction on the BCL and the prize for the highest examination mark in the course on the International Law of the Sea.


  • Arbitration
  • Commercial Litigation
  • Civil Fraud
  • Banking and Finance
  • Shipping and Commodities
  • Private International Law
  • Public International Law

Education and Career: 


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


  • Research assistant to Dr Michael J Moser (2015-2016)
  • Law Clerk to Sir David A R Williams QC (2011-2012)
  • Barrister, Bankside Chambers, New Zealand (2012-2014)

Scholarships and Prizes

  • Law Faculty Prize in International Law of the Sea (2016)
  • Directed Studies Course - Private International Law, Hague Academy of International Law (2016)
  • FMB Reynolds Scholarship in Law to Oxford (2015)
  • Semi-finalist, Philip C Jessup International Moot Court Competition, Washington DC (2012)


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

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