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 apppointments as an arbitrator since 1999. He is frequently appointed as an artbitrator in disputes concerning Arab and Islamic jurisdictions and has wide experience of the Arab world. Appointing organisnations 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 appinted mediations.
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. Ilustrations of his expert court work include Iraqi and Kuwaiti law in the Kuwati 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 as Counsel
Mark Hoyle's experience is soundly based on advocacy in and advice on all forms of dispute resolution, and the enforcement of judgements 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 judgements on a judgement debt to extend enforcement rights against fraudsters.
In 2006 he led for two individual defendents in the Abu Dhabi Investment Company case, concerning a $400M joint venture shipping line. The issues involved the law of Abu Dhabi, misreprestation 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 judgements, 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.
Mark acted for the Iragi 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 completing interests of salvors, cargo owners, and the arbitral process, and freezing orders against sovereign states.