Mark Hoyle

Profile

Counsel
Commercial dispute resolution (especially joint ventures, international trade, transnational disputes),  private international law, freezing and search orders, interlocutory injunctions and interim protective measures, and asset tracing.

Arbitrator and Mediator 
Mark has received appointments as an arbitrator since 1999. He is frequently appointed as an arbitrator in disputes concerning Arab and Islamic jurisdictions and has wide experience of the Arab world. Appointing organisations include the International Chamber of Commerce, London Court of International Arbitration, Law Society, and Chartered Institute (London). Mark is willing to accept ad hoc appointments. He is a Chartered Arbitrator. He has acted as mediator since 2001, in private and court appointed mediations.

Expert
Mark has over twenty five years’ experience of expert advisory work on Egyptian law, and over twenty two years’ relevant experience of other Arab laws, both in advising private clients and governmental organisations in and from the Middle East and elsewhere. He is also asked from time to time to advise on the cultures and traditions of Arab and Moslem countries. Illustrations of his expert court work include both Iraqi and Kuwaiti law in the Kuwaiti Airways litigation against Iraq Airways, commercial fraud in the Kuwait Oil Tanker case, and UAE constitutional and commercial law in the Dubai Aluminium case. He gave expert evidence in Texas on Afghan law in the Bridas case.

Experience

Experience as Counsel
Mark Hoyle’s experience is soundly based on advocacy in and advice on all forms of dispute resolution, and the enforcement of judgments and awards. He was global counsel for five years in the Kuwait Oil Tanker litigation, leading a team that assisted in the recovery of over $85M. His court appearances in England & Wales included the High Court, Court of Appeal, and House of Lords, and he attended numerous depositions and strategy meetings abroad. He pioneered the use of judgments on a judgment debt to extend enforcement rights against fraudsters.

In 2006 he led for two individual defendants in the Abu Dhabi Investment Company case, concerning a $400M joint venture shipping line. The issues involved the law of Abu Dhabi, misrepresentation and deceit under English law, expert evidence on shipping line, container use, fast feeder boxships, market trends, ship design speed and capability, use of controllable pitch propellers, and detailed analysis of investment loss.

He was also involved in the 2007 Consolidated Contractors litigation (over income from the Masala Oil Field in Yemen) concerning anti-suit injunctions, enforcement of judgments, directors’ responsibilities, and Article 6 issues on conditional leave to appeal, in the High Court and Court of Appeal, and for the House of Lords.

Mark successfully fought off an injunction challenge to a leading City firm, where a former client was the Respondent in an arbitration in which the firm acted for the Claimant. He advised on the erection of ethical walls and confidential working arrangements, thus permitting the judge to find there was no real risk of disclosure of confidential information.

Recently Mark acted for the Iraqi Ministry of Trade in a complex and novel case in the Commercial Court concerning the carriage of grain for public ration distribution. The issues were state immunity and the competing interests of salvors, cargo owners, and the arbitral process, and freezing orders against sovereign states.

Significant cases

Tsavliris Salvage (International) Ltd v Grain Board of Iraq : Ministry of Trade of Iraq v Tsavliris Salvage (International) Ltd  [2008] EWHC 612 (Comm) Peter Gross J

State immunity for a food cargo destined for ration distribution, the Salvage Convention and tension between immunity and the Arbitration Act 1996, and Freezing Orders against a state and/or state owned enterprise

Munib Masri v Consolidated Contractors International Co.  SAL & Anr [2007] EWHC 3010 (Comm) Gloster J, Commercial Court

The relationship between English law, the EU Enforcement Regulation, the CPR, and orders made in England that affect assets or parties overseas

Abu Dhabi Investment Co & others v H Clarkson & Co Ltd & 6 ors [2007] EWHC 1267 (Comm) Tomlinson J

12 week trial concerning a joint venture shipping line flagged in Abu Dhabi, with legal issues over misrepresentation, impact of Abu Dhabi law, and technical experts on ship design, ship value, and loss of profit and financial damages

Abu Dhabi Investment Co. v H Clarkson & Co. Ltd. & others [2006] 2 Lloyd’s Law Reports 381, Morison J, Commercial Court

Arbitration; stay of proceedings – overseas arbitration clause and validity of clause under foreign law for Third Defendant – case management issues for individuals (Fifth and Sixth Defendants)

Gus Consulting GMBH v LeBoeuf Lamb Greene & MacRae [2005] EWHC 2527 (Comm), His Honour Judge Mackie QC, Commercial Court

Alleged conflict of interest between City firm acting for Claimant in an arbitration when Respondent was former client

Kuwait Oil Tanker Co SAK v Qabazard (UBS AG as garnishee) [2003] UKHL 31 House of Lords

Availability of garnishee proceedings in England against foreign bank when bank account was opened overseas, and application of Article 16 of the Lugano Convention; [2002] EWCA Civ 34; [2002] 1 All E.R. (Comm) 351. Court of Appeal

Testimonials

'hard working and clear thinking - a valuable team leader'

Dewey & LeBoeuf

'unrivalled experience of commercial disputes involving Arab laws'

Dewey & LeBoeuf

Publications

Editor-in-Chief, Arab Law Quarterly (Brill)

Chapter on Egypt, Encyclopaedia of International Commercial Litigation (2008-2002) 2008 (Kluwer)

Freezing and Search Orders 4th edition 2006 (Informa/Lloyds Commercial Law Library)
 
Mixed Courts of Egypt 1991 (Graham & Trotman)

The Law of International Trade 2nd edition 1985 (Sweet and Maxwell)  Also translated into Chinese and published in Peking

Mark has also published books and articles on other legal issues.

Memberships

Fellow, Chartered Institute of Arbitrators

Member, Commercial Bar Association (COMBAR)

Member, London Common Law and Commercial Bar Association.

Committee Member, British-Georgia Law Association.

Member, International Advisory Board, of the IIUM (International Islamic University Malaysia) Law Journal (ISSN 0128-2530) 

Qualifications

BA (Hons), Business Law

PhD, SOAS (University of London)

Fellow (by examination) of the Chartered Institute of Arbitrators

Trained mediator (QDR) - Academy of Experts

Chartered Arbitrator

Directory Quotes

Mark Hoyle is recommended in Commercial Litigation and Commercial Arbitration in Legal 500 2008.

Appointments

Visiting Professor, School of Law, The University of Leeds, 2008

Civil Recorder, 2008

Immigration Judge, 2005

Crown Court Recorder, 2004

Chairman of the Immigration Appeal Tribunal, 2001

Immigration Adjudicator, 1993