Mark Belshaw

Professional practice

Mark has a broad commercial practice spanning Chambers’ areas of expertise, with a particular focus on civil fraud, conflict of laws, commercial Chancery and offshore. Many of Mark’s cases are international in nature, involving proceedings in foreign jurisdictions (for example in Panama, the Cayman Islands, the BVI and Cyprus) or raising points of foreign law and procedure.

Mark regularly appears both led and unled in the High Court, with notable recent examples relating to committal applications, freezing injunctions, search orders, anti-suit injunctions and jurisdiction challenges. He has also appeared both led and unled in the Court of Appeal. His recent reported appearances include:

Eurasian Natural Resources Corporation Limited v Dechert LLP. Led by Richard Millett KC, Mark represented Dechert LLP at the Phase 1A Trial in these proceedings, which was concerned with issues of causation, quantum and contribution following an earlier judgment on liability ([2022] EWHC 1138 (Comm)). The Phase 1A Trial was heard in March 2023 and judgment is awaited.
CRF v Banco Nacional de Cuba and The Republic of Cuba [2023] EWHC 774 (Comm). Led by Alison Macdonald KC, Mark represented the Banco Nacional de Cuba and The Republic of Cuba in a jurisdiction challenge arising out of debt enforcement proceedings. This case raised issues of State immunity, jurisdiction and substantive issues of English and Cuban law.
Gorbachev v Guriev [2023] 2 WLR 1. Led by Paul Stanley KC, Mark represented Mr Gorbachev. The Court of Appeal determined that an application for non-party disclosure can be served out of the jurisdiction. This appeal arose in the context of a dispute between two Russian businessmen concerning the ownership of a valuable fertilizer business. Mark also appeared unled in a connected appeal dealing with the costs of the jurisdiction challenge ([2023] 1 WLR 2457).
London Steam-ship Owners’ Mutual Insurance Association Ltd v Spain [2020] 1 WLR 5279. Led by Anna Dilnot, Mark represented the Republic of France. This case arose out of an insurance dispute and an arbitral award, with an underlying value of over €855 million. It raised novel issues of State immunity and the conflict of laws.
Akhmedova v Akhmedov [2020] EWHC 2235 (Fam). Led by James Willan, Mark represented Mrs Akhmedova. This case arose out of what was at the time the largest ever divorce settlement in England and Wales, worth over £453 million. It raised issues of enforcement of court orders, comity and contempt of court. Mark also appeared at a number of interim hearings in this case, including in relation to freezing orders and search orders.

Prior to joining Essex Court Chambers, Mark worked as a solicitor at a major US law firm in London. He specialised in commercial disputes, anti-bribery, corruption and government enforcement.

Examples of Recent Cases

Examples of Mark’s recent reported cases include:

Eurasian Natural Resources Corporation Limited v Dechert LLP. Led by Richard Millett KC, Mark represented Dechert LLP at the Phase 1A Trial in these proceedings, which was concerned with issues of causation, quantum and contribution following an earlier judgment on liability ([2022] EWHC 1138 (Comm)). The Phase 1A Trial was heard in March 2023 and judgment is awaited.
CRF v Banco Nacional de Cuba and The Republic of Cuba [2023] EWHC 774 (Comm). Led by Alison Macdonald KC, Mark represented the Banco Nacional de Cuba and The Republic of Cuba in a jurisdiction challenge arising out of debt enforcement proceedings. This case raised issues of State immunity, jurisdiction and substantive issues of English and Cuban law.
Gorbachev v Guriev [2023] 2 WLR 1. Led by Paul Stanley KC, Mark represented Mr Gorbachev. The Court of Appeal determined that an application for non-party disclosure can be served out of the jurisdiction. This appeal arose in the context of a dispute between two Russian businessmen concerning the ownership of a valuable fertilizer business. Mark also appeared unled in a connected appeal dealing with the costs of the jurisdiction challenge ([2023] 1 WLR 2457).
Noksel Celik Boru Sanayi A.S. v Bemaco Steel Ltd [2022] EWHC 68 (Comm). Led by Siddharth Dhar, Mark represented Noksel. This case concerned debt reconciliation and breach of contract claims. It raised complex issues of foreign law and procedure.
London Steam-ship Owners’ Mutual Insurance Association Ltd v Spain [2020] 1 WLR 5279. Led by Anna Dilnot, Mark represented the Republic of France. This case arose out of an insurance dispute and an arbitral award, with an underlying value of over €855 million. It raised novel issues of State immunity and the conflict of laws.
Akhmedova v Akhmedov [2020] EWHC 2235 (Fam). Led by James Willan, Mark represented Mrs Akhmedova. This case arose out of what was at the time the largest ever divorce settlement in England and Wales, worth over £453 million. It raised issues of enforcement of court orders, comity and contempt of court. Mark also appeared at a number of interim hearings in this case, including in relation to freezing orders and search orders.

Mark’s recent unreported appearances in the High Court and in the County Court have included applications for freezing orders, delivery up orders, search orders, anti-suit injunctions, joinder of parties to proceedings and disclosure.

Arbitration (including arbitration-related court applications)

Mark has experience of commercial arbitrations, enforcement and applications under the Arbitration Act.

Examples include:

Instructed in an LCIA arbitration involving a financial transaction worth in excess of US$60 million.
Instructed to commence emergency LCIA arbitration proceedings and to obtain an injunction in a dispute between joint venture partners.
Instructed in an LCIS arbitration involving failed property transactions in the USA.
Assisted with the appeal of a Norwich Pharmacal order in the Cayman Islands in relation to asset tracing and enforcement of an award in a civil fraud claim.
Assisted with an LCIA arbitration concerning an insurance claim.
Assisted with a Court of Appeal hearing in relation to an investor-state arbitration and security for costs.
Assisted with resisting an application for stay of enforcement of an award as well as applying for security for the award and for costs in the context of a section 68 challenge.

Banking & financial services

Mark has experience of a range of banking and financial services cases, many of which intersect with civil fraud.

Examples include:

Instructed in an LCIA arbitration involving a financial transaction worth in excess of US$60 million.
Assisted in relation to a bondholder dispute involving claims under a guarantee.
Assisted in drafting advice to banking institutions regarding POCA and Bribery Act issues.

Civil Fraud

Mark has a broad range of civil fraud experience, including in the enforcement context. This is augmented by his experience as a solicitor.

Examples include:

Eurasian Natural Resources Corporation Limited v Dechert LLP. Led by Richard Millett KC, Mark represented Dechert LLP at the Phase 1A Trial in these proceedings, which was concerned with issues of causation, quantum and contribution following an earlier judgment on liability ([2022] EWHC 1138 (Comm)). The Phase 1A Trial was heard in March 2023 and judgment is awaited.
Bourlakova v Bourlakov & Ors, a case concerned with alleged frauds spanning multiple jurisdictions and giving rise to multiple sets of proceedings around the world. Mark represents the principal Defendants in this case.
Gorbachev v Guriev, a case concerned with the ownership of a valuable fertiliser business. This case is listed for trial in 2024. In this context of this case, Mark appeared in the Court of Appeal in relation to an application for non-party disclosure which was served out of the jurisdiction ([2023] 2 WLR 1). Mark also appeared unled in a connected appeal dealing with the costs of the jurisdiction challenge ([2023] 1 WLR 2457). Mark represents the Claimant in this case.
PJSC National Bank Trust v Shishkhanov & Ors, a case in the BVI (with related proceedings in multiple other jurisdictions) involving alleged frauds carried out against a large Russian bank by over 30 defendants. Mark represents the Claimant in this case.
Trunina & Ors v Peters International (Cayman) Limited & Ors, a case in the Cayman Islands involving alleged frauds carried out against a large Russian bank. Mark represented the Claimants in this case.
Akhmedova v Akhmedov, a case concerned with enforcement of court orders following a scheme of evasion. The underlying court orders were worth over £453 million. This case included a number of applications for freezing orders, a search order, orders for cross examination on assets and delivery up of documents. Mark represented the Claimant in this case.
Instructed by administrators of a company in relation to a large scale fraud in the Middle East.
Appeared for the applicant in a successful urgent application during vacation for an anti-suit injunction in a case arising out of alleged frauds.
Provided advice in relation to a civil fraud claim in the Cayman Islands.
Assisted in relation to a civil fraud case in the energy and natural resources sector.
Assisted in drafting advice on jurisdiction, choice of law and illegality / public policy in relation to an international civil fraud.
Assisted in resisting a freezing order in a civil fraud case connected with the shipping industry.
Assisted with the appeal of a Norwich Pharmacal order in the Cayman Islands in relation to asset tracing and enforcement of an award in a civil fraud claim.
Assisted in drafting advice relating to limitation and service out of the jurisdiction in the context of an alleged fraud involving private parties and a State.
Assisted in drafting advice in relation to an application for a stay of an interim costs order in the context of a civil fraud case.

Commercial chancery disputes

Many of Mark’s cases involve commercial Chancery disputes, which typically intersect with civil fraud. A recent notable example is Bourlakova v Bourlakov & Ors, a case concerned with alleged frauds spanning multiple jurisdictions and giving rise to multiple sets of proceedings around the world. Mark represents the principal Defendants in this case.

Commercial dispute resolution

Mark has a range of experience involving commercial and Chancery disputes across Chambers’ areas of expertise. This includes cases involving civil fraud, tort, contract and unjust enrichment claims. Mark’s experience also extends to multi-jurisdictional enforcement of court orders.

Many of Mark’s cases raise complex jurisdictional and choice of law issues in the commercial and Chancery context. Recent notable reported cases include:

Eurasian Natural Resources Corporation Limited v Dechert LLP. Led by Richard Millett KC, Mark represented Dechert LLP at the Phase 1A Trial in these proceedings, which was concerned with issues of causation, quantum and contribution following an earlier judgment on liability ([2022] EWHC 1138 (Comm)). The Phase 1A Trial was heard in March 2023 and judgment is awaited.
CRF v Banco Nacional de Cuba and The Republic of Cuba [2023] EWHC 774 (Comm). Led by Alison Macdonald KC, Mark represented the Banco Nacional de Cuba and The Republic of Cuba in a jurisdiction challenge arising out of debt enforcement proceedings. This case raised issues of State immunity, jurisdiction and substantive issues of English and Cuban law.
Gorbachev v Guriev [2023] 2 WLR 1. Led by Paul Stanley KC, Mark represented Mr Gorbachev. The Court of Appeal determined that an application for non-party disclosure can be served out of the jurisdiction. This appeal arose in the context of a dispute between two Russian businessmen concerning the ownership of a valuable fertilizer business. Mark also appeared unled in a connected appeal dealing with the costs of the jurisdiction challenge ([2023] 1 WLR 2457).
London Steam-ship Owners’ Mutual Insurance Association Ltd v Spain [2020] 1 WLR 5279. Led by Anna Dilnot, Mark represented the Republic of France. This case arose out of an insurance dispute and an arbitral award, with an underlying value of over €855 million. It raised novel issues of State immunity and the conflict of laws.
Akhmedova v Akhmedov [2020] EWHC 2235 (Fam). Led by James Willan, Mark represented Mrs Akhmedova. This case arose out of the largest ever divorce settlement in England and Wales, worth over £453 million. It raised issues of enforcement of court orders, comity and contempt of court. Mark also appeared at a number of interim hearings in this case, including in relation to freezing orders and search orders.

Mark also has experience of applications for interim and emergency injunctive relief in the commercial and Chancery context. This includes applications for worldwide freezing orders, delivery up orders, search orders, anti-suit injunctions and interim charging orders.

Company & Insolvency Law

Mark has experience of a range of cases involving company and insolvency law, many of which intersect with civil fraud. This has included providing advice and preparing an urgent application arising from financial failure insurance and the COVID-19 pandemic. It has also included assisting in relation to an unfair prejudice petition involving allegations of fraud and breaches of directors’ duties.

Conflict of laws & private international law

Mark has worked on a number of cases raising complex issues of private international law.

Examples include:

Appeared in Bourlakova v Bourlakov & Ors in a joinder and amendment application which raised complex issues of private international law. Those issues included the consequences of the UK’s exit from the European Union on the joinder of parties to proceedings commenced pre-exit.
Appeared in CRF v Banco Nacional de Cuba and The Republic of Cuba [2023] EWHC 774 (Comm) which raised issues of State immunity and the conflict of laws.
Appeared in Gorbachev v Guriev [2023] 2 WLR 1 which raised issues as to the Court’s jurisdiction to permit service of an application for non-party disclosure out of the jurisdiction. Mark also appeared unled in a connected appeal dealing with the costs of the jurisdiction challenge ([2023] 1 WLR 2457).
Appeared in London Steam-ship Owners’ Mutual Insurance Association Ltd v Spain [2020] 1 WLR 5279 which raised issues of State immunity and the conflict of laws.
Appeared in Akhmedova v Akhmedov [2020] EWHC 2235 (Fam) which raised issues of enforcement of court orders, comity and contempt of court.
Appeared for the applicant in a successful urgent application during vacation for an anti-suit injunction in a case arising out of alleged frauds.
Provided advice in relation to a civil fraud in the mining and natural resources sector.
Assisted in drafting advice on jurisdiction, choice of law and illegality / public policy in relation to an international civil fraud.
Assisted in drafting advice relating to limitation and service out of the jurisdiction in the context of an alleged fraud involving private parties and a State.
Assisted in drafting advice in relation to the enforcement of EU Member State protective measures in England and Wales.
Assisted in drafting advice on jurisdiction and choice of law in the context of mass tort litigation in the US.
Assisted in drafting advice on service out of the jurisdiction in relation to an action on a judgment.

Energy & natural resources

Mark has experience of a number of cases in the energy and natural resources sector, many of which intersect with civil fraud.

Examples include:

Eurasian Natural Resources Corporation Limited v Dechert LLP. Led by Richard Millett KC, Mark represented Dechert LLP at the Phase 1A Trial in these proceedings, which was concerned with issues of causation, quantum and contribution following an earlier judgment on liability ([2022] EWHC 1138 (Comm)). The Phase 1A Trial was heard in March 2023 and judgment is awaited.
Provided advice in relation to a civil fraud in the energy and natural resources sector.

Assisted in drafting advice relating to limitation and service out of the jurisdiction in the context of an alleged fraud relating to mining concessions.

Insurance & reinsurance

Mark has experience of a range of insurance and reinsurance matters.

Examples include:

Provided advice and prepared for an urgent application in relation to financial failure insurance and the COVID-19 pandemic.
Assisted in relation to a case of alleged arbitrator bias in a Bermuda Form insurance dispute.
Assisted in relation to a Bermuda Form dispute involving the automotive industry.
Assisted with an LCIA arbitration concerning an insurance claim.
Assisted in drafting advice in relation to allocation of recoveries amongst several reinsurers.
Assisted in drafting advice to insurers in relation to a natural disaster.

Offshore Litigation

Mark is often instructed in cases in offshore jurisdictions, or which otherwise have a strong offshore element.

Examples include:

PJSC National Bank Trust v Shishkhanov & Ors, a case in the BVI (with related proceedings in multiple other jurisdictions) involving alleged frauds carried out against a large Russian bank by over 30 defendants. Mark represents the Claimant in this case.
Bourlakova v Bourlakov & Ors, a case concerned with alleged frauds giving rise to proceedings in multiple offshore jurisdictions including Panama, Cyprus, Monaco, Switzerland and Russia.
Trunina & Ors v Peters International (Cayman) Limited & Ors, a case in the Cayman Islands involving alleged frauds carried out against a large Russian bank. Mark represented the Claimants in this case.
Akhmedova v Akhmedov, which involved proceedings in multiple offshore jurisdictions including Lichtenstein and Cyprus.
Instructed by administrators of a company in relation to a large scale fraud in the Middle East.
Instructed by a bank in a large civil fraud claim in the Cayman Islands.

Assisted with the appeal of a Norwich Pharmacal order in the Cayman Islands in relation to asset tracing and enforcement of an award in a civil fraud claim.

Public international law

Mark has worked on a number of matters raising complex issues of Public International Law.

Examples include:

Appeared in CRF v Banco Nacional de Cuba and The Republic of Cuba [2023] EWHC 774 (Comm) which raised issues of State immunity and the conflict of laws.
Appeared on behalf of the Republic of France in London Steam-ship Owners’ Mutual Insurance Association Ltd v Spain [2020] EWHC 1920 (Comm) which raised novel issues of State immunity and the conflict of laws.
Assisted with providing advice in relation to an inter-state dispute relating to oil reserves and revenue.

Career

2019 – Tenant at Essex Court Chambers

2018-2019 – Pupil at Essex Court Chambers

2015-2018 – Trainee and subsequently solicitor at law firm in London

Education

2014-2015 – Bachelor of Civil Law, University of Oxford (Distinction)

2013-2014 – LPC, BPP Law School (Distinction)

2010-2013 – Law LLB, King’s College London (First Class; graduated second in year)

Awards

2014-2015 – University of Oxford Graduate Scholarship

2013 – Graduated second in year in Law

2012 – King’s College London ‘myScholarship’