Mark Belshaw

Professional practice

Mark has a broad commercial practice spanning Chambers’ areas of expertise, including civil fraud, conflict of laws, commercial Chancery, shipping, insurance and reinsurance work and Public International Law. Many of Mark’s cases are international in nature, involving proceedings in foreign jurisdictions (for example in the BVI and Cayman Islands) 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 and jurisdiction challenges. His recent reported appearances include:

Noksel Celik Boru Sanayi A.S. v Bemaco Steel Ltd [2022] EWHC 68 (Comm). 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] EWHC 1920 (Comm). 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). 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 has also recently provided advice and prepared an urgent application relating to financial failure insurance in the context of the COVID-19 pandemic.

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

Mark regularly appears both led and unled in the High Court and in the County Court. Examples of his recent reported cases include:

Noksel Celik Boru Sanayi A.S. v Bemaco Steel Ltd [2022] EWHC 68 (Comm). 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] EWHC 1920 (Comm). 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). 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’s recent unreported appearances in the High Court and in the County Court have included applications for freezing orders, delivery up orders, joinder of parties to proceedings and disclosure.

Arbitration & related court applications

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

Instructed as lead advocate in an LCIA arbitration involving a financial transaction worth in excess of US$60 million.
Assisted with the appeal of a Norwich Pharmacal order in the Cayman Islands in relation to asset tracing and enforcement of an award.
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 as lead-advocate 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 & asset recovery

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:

Instructed in relation to enforcement of court orders following a scheme of evasion. The underlying court orders are worth over £453 million. This has included a number of applications for freezing orders, orders for cross examination on assets and delivery up of documents.
Providing 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 arising out of a 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 an application for a stay of an interim costs order in the context of a civil fraud 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:

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 and interim charging orders. Mark has also recently provided advice and prepared an urgent application relating to financial failure insurance in the context of the COVID-19 pandemic.

Company & Insolvency Law

Mark has experience of a range of cases involving company and insolvency law, many of which intersect with civil fraud. Most recently, 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 assisted with a number of cases raising complex issues of private international law. Examples include:

Appeared in London Steam-ship Owners’ Mutual Insurance Association Ltd v Spain [2020] EWHC 1920 (Comm) 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.
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.

Employment

Mark has worked on a number of cases raising employment issues. Examples include:

Assisted in obtaining emergency injunctive relief in relation to an alleged breach of contract and breach of confidence by an employee in the financial services industry.
Assisted in drafting advice in relation to a director remuneration package.
Assisted in drafting advice relating to vicarious liability for an employee’s acts in the public services sector.

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:

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.

Media, art, entertainment

Mark has worked on a range of matters involving the creative industries. Examples include:

Instructed in a contractual dispute in relation to film production worth in excess of US$2.4 million.
Assisted with a contractual dispute in relation to the sale of a painting. This case also involved claims for breach of a guarantee.

Public international law

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

Assisted with providing advice in relation to an inter-state dispute relating to oil reserves and revenue.
Appeared on behalf 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.
Instructed on behalf of Banco Nacional de Cuba and The Republic of Cuba in case which raises complex issues of State immunity.

Regulatory law & investigations

Mark has a range of experience in regulatory law and investigations, augmented by his experience as a solicitor. Examples include:

Assisted with investigations regarding suspected breaches of competition law in the beauty products and building materials sectors.
Assisted with providing advice in relation to the Proceeds of Crime Act, the Bribery Act and the FCA’s enforcement powers.

Shipping & admiralty

Mark has experience of a range of shipping matters. Examples include:

Assisted in resisting a freezing order in a civil fraud case involving the shipping industry.
Assisted in preparing a case for trial involving alleged scuttling of a vessel
Assisted with providing advice in relation to general average.
Assisted in providing advice in relation to marine insurance involving (amongst other things) environmental damage claims.

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’