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Mark Lakin

05 November 2019

Mark is Senior Associate at Stephenson Harwood, Dubai. He is a skilled litigator with extensive experience in shipping, commodities and trade finance disputes. Having trained in London and practiced there for the first five years of his career, Mark moved to Dubai in 2017 in order to focus on building the Firm’s shipping and commodities practice in the UAE. He continues to be heavily involved in arbitration and Court cases in England for clients based the Middle East whilst also becoming a specialist in matters before the Dubai International Financial Centre Courts and arbitrations seated in the UAE. He has acted for a cornucopia of clients, ranging from oil majors, state-owned oil companies, trading houses, smaller independent commodities traders, shipowners, hedge-funds and banks. The majority of those matters have been arbitrations in the major shipping and commodities forums, including the LMAA, LCIA, DIFC-LCIA, DIAC GAFTA, FOSFA, ICC, UNCITRAL, SIAC, HKIAC and the first case before the newly formed Emirates Maritime Arbitration Centre (EMAC). The disputes have ranged from modest demurrage disputes to oil and gas disputes worth hundreds of millions of dollars. His reported Court cases in England include H&CS v RBRG Trading, Petrosaudi Oil Services v Novo Banco & Ors and Integral Petroleum SA v Perogat FZE & Ors. In Dubai he has recently acted in one of the leading cases on the enforcement of foreign judgments in the DIFC - Essar Global Fund Limited v Barclays Bank PLC & Ors.  Mark has also undertaken a number of secondments with both trading houses and trade finance banks, which has led to him being involved in non-contentious work such as advising on the structuring of trade finance facilities and “repo” sale contracts. 

Transition to 2020 presents charter party challenges

07 October 2019

The industry will see the first “live issues” between charterers and shipowners over the switch to low-sulphur fuel in the last quarter of 2019, Tiejha Smyth tells The Bulletin. Smyth is a deputy director in the Freight, Demurrage and Defence (FD&D) department of the North of England P&I Club, and she – along with the rest of the North FD&D team – is busy advising and helping club members to prepare for the uncertainties.

Anti Corruption Clause for Charter Parties 2015

17 October 2016

The Anti-Corruption Clause for Charter Parties 2015 provides market users with a regime for responding to unlawful demands for gifts in cash or kind, such as cigarettes or alcohol. It is designed for use in both voyage and time charters and sets out a series of steps with the contracting parties working together to resist such demands but if this fails, owners’ rights to hire or uninterrupted laytime and demurrage are protected. Termination, by either party, is the ultimate sanction but a high threshold has been set so that it cannot be easily used as an exit from an inconvenient charter. This clause was published on 7 December 2015.