Professional practice

Mubarak is developing a broad commercial litigation and arbitration practice in line with Chambers’ profile. Mubarak has been instructed on a broad spectrum of work in the English Courts, including worldwide freezing injunctions, insurance work and applications in support of arbitration proceedings. He has also been instructed on international arbitration matters, both commercial and investor-state. Mubarak is also regularly instructed as sole counsel in the Employment Tribunal.

Mubarak is instructed on Deutsche Bank v Bank of Venezuela; Bank of Venezuela v Bank of England [2020] EWHC 1721 (Comm); [2020] EWCA Civ 1249, a claim concerning the entitlement of persons to give instructions on behalf of the Bank of Venezuela in relation to ongoing litigation and arbitration proceedings.

Mubarak is also instructed (with Vaughan Lowe QC) by the Kingdom of Norway to defend the first known investor-state claim brought against it (Peteris Pildegovics and SIA North Star v Kingdom of Norway).

In the Summer of 2020, Mubarak undertook a three-month secondment at Clyde & Co LLP, assisting in their insurance and reinsurance practice areas. Mubarak has particular experience of advising in claims for business interruption losses arising out of the Covid-19 Pandemic.

Mubarak is a member of the Attorney General’s ‘Junior Juniors’ panel scheme, and regularly advises the Foreign, Commonwealth & Development Office on a range of commercial and international law issues.

Prior to joining chambers, Mubarak studied Law at King’s College London, graduating with a first class degree in both the LL.B. and the LL.M. (where he came first in his cohort).

 

Arbitration & related court applications

Mubarak has experience of both international commercial and investor-state arbitrations, as well as related court applications. He has been instructed and assisted in arbitrations under a variety of rules and institutions. Examples include:

  • A US$3m LCIA claim in relation to the sale of coal (instructed with Edmund King QC);
  • Peteris Pildegovics and SIA North Star v Kingdom of Norway (instructed on behalf of the Kingdom of Norway with Vaughan Lowe QC);
  • Deutsche Bank v Bank of Venezuela; Bank of Venezuela v Bank of England [2020] EWHC 1721 (Comm), concerning the authority of certain appointees to represent the Bank of Venezuela in arbitration proceedings (instructed with members of Chambers and counsel outside of Chambers);
  • An application for enforcement of an LCIA award and a post-award freezing injunction (instructed with Edmund King QC);
  • Advised (with Jern-Fei Ng QC) on a proposed SIAC arbitration in a dispute over the sale and delivery of propane gas;
  • Advised on the construction of a complex multi-forum choice of court clause in relation to a dispute over £500,000 of unpaid consultancy fees;
  • Advised on the continuation of an arbitration after the claimant had been universally succeeded under Russian law;
  • Assisted on the closing phases of a long-running arbitration, dealing with complex issues as to whether certain heads of loss were recoverable;
  • Assisted a Member of Chambers with an LCIA arbitration concerning the proper consideration to be paid for a company under an SPA;
  • Assisted a Member of Chambers on submissions opposing permission to appeal a decision of the Grand Court of the Cayman Islands relating to the enforcement of an arbitration award obtained in Brazil.
Civil fraud & asset recovery

Mubarak is developing a broad civil fraud and asset recovery practice, and has been instructed with other members of chambers, and as sole counsel in smaller matters. Examples include:

  • Instructed (with Edmund King QC) in an application for a worldwide freezing order;
  • Mubarak is currently instructed (with other members of Chambers) to advise on a substantial international civil fraud matter involving alleged breaches of foreign banking regulations;
  • Instructed (as sole counsel) to advise and draft pleadings in relation to a claim for the dissolution of a partnership following the undisclosed sale of the partnership business;
  • Instructed (with Anna Dilnot) in RP Explorer Ltd (formerly Master Fund) v Malhotra [2020] EWHC 1225 (Comm) to prepare submissions on the correct approach under ECHR Article 6 (not considered in any previous case) where a defendant is imprisoned abroad and unable to attend a substantial civil fraud trial.
  • Assisted a Member of Chambers in drafting a Bench Warrant Order, directing the High Court Tipstaff to seize the passport of a Defendant to a civil fraud claim who had been served with a freezing order and was thought to be fleeing the jurisdiction;
  • Assisted a Member of Chambers in drafting advice and amended pleadings in support of an Executrix’s claim for relief from the Land Registry, mortgagees and solicitors in respect of a fraudulent transfer of the deceased’s property.
Commercial chancery disputes
  • Assisted a Member of Chambers in drafting advice and amended pleadings in support of an Executrix’s claim for relief from the Land Registry, mortgagees and solicitors in respect of a fraudulent transfer of the deceased’s property;
  • Assisted a Member of Chambers in preparing a pleading in relation to breach of director’s duties and failures to account in accordance with a contract.
  • Assisted a Member of Chambers in preparing an amended Defence to a claim alleging fraud and mismanagement of trust properties
Commercial dispute resolution

Mubarak has experience in a broad range of commercial dispute resolution matters and has been across the spectrum of Chambers’ work. Examples include:

  • Instructed (with Edmund King QC) on a US$3m LCIA arbitration in relation to the sale of coal;
  • Instructed (with another member of Chambers) to apply to the Supreme Court for permission to appeal from a judgment of the Court of Appeal in relation to the construction of a contract of insurance;
  • Instructed (as sole counsel) in respect of a claim for the dissolution of a partnership following the undisclosed sale of the partnership business;
  • Instructed (as sole counsel) to advise on an international dispute concerning over £500,000 in unpaid consultancy fees in respect of a development in East Africa.
  • Advised (with Jern-Fei Ng QC) on a proposed SIAC arbitration in a dispute over the sale and delivery of propane gas;
  • Instructed (as sole counsel) by a university to defend claims of negligence in the supply of educational services;
  • Instructed (as sole counsel) to defend a claim for a common law assessment of solicitor’s fees;
  • Assisted a Member of Chambers in advising a Government Minister on whether gratuitous payments to local councils would extinguish their claims against third parties.
Company law
  • Instructed (as sole counsel) to advise and draft pleadings in in relation to a claim for the dissolution of a partnership following the undisclosed sale of the partnership business in circumstances where the partnership was in the process of winding up;
  • Advised on the recovery of substantial debt from a limited liability partnership, including commencing proceedings, issuing a winding up petition and the arrest of vessels; appearing in the winding-up court on
  • Instructed (as sole counsel) to apply to rectify or remove from the Register three notices of appointment of receivers filed erroneously.
  • Assisted a Member of Chambers in preparing a pleading in relation to breach of director’s duties and failures to account under a contract;
  • Assisted a Member of Chambers in advising whether the Greenhalgh principle applies to documents other than a company’s Articles of Association, and in particular whether it applies to a shareholders’ agreement.
Confidential Information & Data Protection

Mubarak is developing a broad practice in the protection of confidential information and data protection laws. Examples include:

  • Advising (on an ongoing basis) a globally-established charity on its data protection compliance work, including the processing of special categories of personal data (Art 9 GDPR); cross-border transfers of data (Arts 44-49 GDPR) and the establishment and maintenance of records of processing activities (Art 30 GDPR).
  • Advising the Foreign, Commonwealth & Development Office on data protection compliance in the context of a large-scale contract for FCDO employees deployed in foreign countries, including issues of joint controllership of data.
  • Assisted a Member of Chambers in advising (in the context of an investor-State arbitration) on the interaction between domestic breach of confidence laws and orders of the arbitral tribunal.
  • Assisted a Member of Chambers on an application for urgent injunctive relief against a former employee for breach of restrictive covenants and the disclosure of confidential patient data;
  • Assisted a Member of Chambers on an application for urgent injunctive relief against a former employee for the unauthorised access and misuse of a database containing confidential information.
Conflict of laws & private international law
  • Assisted a Member of Chambers in preparing an amended Defence to a claim concerning the applicable law of loan agreements concerning monies passing between South Africa, Switzerland and England.
Employment

Mubarak is developing a broad commercial employment practice. He is regularly instructed to appear in the Employment Tribunal, both for Claimants and for Respondents, and to pursue and defend applications. Examples include:

  • Instructed (with David Craig QC) to defend a claim made against a bank for discrimination, harassment victimisation, unfair dismissal and allegations under the TUPE Regulations;
  • Instructed (as sole counsel) by a Claimant in a three-day unfair dismissal and discrimination claim;
  • Instructed (as sole counsel) by a Respondent in a two-day unfair dismissal claim, defended on the grounds of gross misconduct;
  • Instructed (as sole counsel) by a Respondent on a one-day substantive preliminary hearing to determine issues of Tribunal jurisdiction;
  • Instructed (as sole counsel) in upcoming a two-day unfair dismissal claim; and
  • Instructed (as sole counsel) in an upcoming five-day trial.

In addition, Mubarak has assisted on a number of commercial employment matters, for example:

  • Assisted in the preparation of arbitration submissions for an injunction restraining an ex-Vice President of a company from breaches of restrictive covenants contained within a shareholders’ agreement;
  • Assisted in advising an ex-senior employee of a financial services firm on issues concerning Garden Leave, unfair dismissal and the enforceability of post-termination restrictive covenants;
  • Assisted on an application for urgent injunctive relief against a former employee for the unauthorised access and misuse of a database containing confidential information.
Injunctions, interim relief
  • Instructed (with Edmund King QC) on an application for enforcement of an LCIA award and a post-award freezing injunction;
  • Assisted a Member of Chambers in preparing an submissions for an application in the Court of Appeal for Security for Costs against a sovereign State;
  • Assisted a Member of Chambers on an application for urgent injunctive relief against a former employee in relation to the disclosure of confidential patient data;
Insurance & reinsurance

Mubarak is developing a broad insurance and reinsurance practice in line with Chambers’ profile. In the Summer of 2020, Mubarak undertook a three-month secondment at Clyde & Co LLP, assisting in their insurance and reinsurance practice areas. Mubarak has particular experience of advising in respect of business interruption losses arising out of the Covid-19 Pandemic.

Examples include:

  • Instructed (with John Lockey QC) to apply for permission to appeal to the Supreme Court of the United Kingdom in relation to a claim under a building insurance policy;
  • Advising (whilst on secondment) the insurer of an international hotel chain in respect of the insured’s claim for business interruption losses and the applicability of damage and non-damage extensions and trends clauses arising out of the Covid-19 pandemic;
  • Advising and assisting (whilst on secondment) in preparing for the mediation of a large multi-jurisdictional reinsurance dispute arising out of a fire on the East Coast of the USA.
  • Advising on and preparing (whilst on secondment) a recovery action in respect of the failure and explosion of an anaerobic digester plant on a farm;
  • Advising (whilst on secondment) insurers in multiple sectors on the scope of cover under business interruption policies for losses said to have been caused by the Covid-19 pandemic;
  • Assisting on and preparing (whilst on secondment) the defence of a recovery action in respect of the alleged negligent laying of cabling to a Naval Base;
  • Advising on and preparing (whilst on secondment) an excess layer insurer’s defence of a claim against the Insured on the basis that the Insured failed to make a fair presentation of the risk;
  • Assisted a Member of Chambers in preparing to defend a judicial review claim brought by insurers against the Secretary of State for Work and Pensions for a breach of Article 1, Protocol 1 of the ECHR;
  • Assisted a Member of Chambers in drafting Particulars of Claim alleging material non-disclosure or misrepresentation voiding a policy of public liability cover.
Investment treaty disputes
  • Instructed (with Vaughan Lowe QC) in Peteris Pildegovics and SIA North Star v Kingdom of Norway (instructed on behalf of the Kingdom of Norway);
  • Instructed (with Siddharth Dhar) to advise prospective claimants to an investor-state claim on the effect of the CJEU’s decision in Achmea in relation to the United Kingdom’s departure from the European Union.
  • Assisted a member of Chambers on several points in relation to an ongoing investor-State arbitration, including the interaction between domestic breach of confidence laws and orders of the Tribunal, and jurisdiction under the applicable BIT.
Public & administrative law

Mubarak is developing a public and administrative law practice, and has particular experience at the intersection between public and commercial law. Examples include:

  • Instructed (with members of chambers and others) in Deutsche Bank v Bank of Venezuela; Bank of Venezuela v Bank of England [2020] EWHC 1721 (Comm);
  • Instructed (with Anna Dilnot) in RP Explorer Ltd (formerly Master Fund) v Malhotra [2020] EWHC 1225 (Comm) to prepare submissions on the correct approach under ECHR Article 6 (not considered in any previous case) where a defendant is imprisoned abroad and unable to attend a substantial civil fraud trial.
  • Instructed to advise on the approach of the Competition Appeal Tribunal to the calculation of damages in a follow-on action in circumstances where the Commission’s underlying decision on liability was being appealed to the General Court;

Mubarak is a member of the Attorney-General’s ‘Junior Juniors’ panel scheme, and regularly advises the Foreign, Commonwealth & Development Office and other government agencies on matters relating to public, public international and commercial law. Examples include:

  • Advising on a grant agreement with an international bank;
  • Amending the terms and conditions of a prestigious international scholarship award to take account of the effects of Covid-19 on the provision of higher education in the United Kingdom;
  • Advising on and assisting with the drafting of an international grant agreement;
  • Advising on and amending multiple memoranda of understanding between the Foreign, Commonwealth & Development Office and various international participants;
  • Advising the Foreign, Commonwealth & Development Office on data protection compliance in the context of a large-scale contract, including issues of joint controllership of data.

Mubarak is an Assistant Editor of the “European Human Rights Reports”

Public international law

Mubarak is regularly instructed in respect of matters of public international law. He is a member of the Attorney-General’s ‘Junior Juniors’ panel. Examples include:

  • Peteris Pildegovics and SIA North Star v Kingdom of Norway (instructed on behalf of the Kingdom of Norway with Vaughan Lowe QC);
  • Deutsche Bank v Bank of Venezuela; Bank of Venezuela v Bank of England [2020] EWHC 1721 (Comm), involving questions of the recognition of Governments and Heads of State, the principle of non-intervention and the Foreign Act of State doctrine;
  • Advising the FCDO in the latter stages of drafting two treaties with Eastern European States designed to replace EU-framework agreements post-Brexit;
  • Assisted two Members of Chambers in preparing a State-State case before the Iran-US Claims Tribunal in the Hague, on behalf of the Claimant;
  • Assisted a Member of Chambers in preparing submissions in the Court of Appeal, arguing that a State was not entitled to State Immunity in respect of an order for Security for Costs under the State Immunity Act.

Before coming to Chambers, Mubarak worked at the International Tribunal for the Law of the Sea in Hamburg, and the British Institute for International and Comparative Law. He has also worked as a Research Assistant to a number of barristers on public international law matters.

Shipping & admiralty

Mubarak has been instructed in a range of shipping matters both alone and with other members of chambers. Examples include:

  • Advised (with Jern-Fei Ng QC) on a proposed SIAC arbitration in a dispute over the price of gas under a term sales contract in circumstances where there was a competing claim for late delivery;
  • Instructed (with Edmund King QC) on a US$3m LCIA arbitration in relation to the sale of coal;
  • Advised (as sole counsel) in a demurrage dispute under a contract of sale;
  • Assisted a Member of Chambers on a defence to an alleged breach of MARPOL bunkering regulations.
Career

2019: Tenancy at Essex Court Chambers

2017: Called to the Bar (Lincoln’s Inn)

2016: Stagiaire at the International Tribunal for the Law of the Sea, Hamburg

2015: Research Intern, British Institute of International and Comparative Law (BIICL)

Education

2016-2017: BPTC (City Law School) – Very Competent

2015-2016: LLM in International Dispute Resolution (King’s College London) – First Class (top mark in year) (including top mark in international investment law module.)

2011-2014: LLB (King’s College London) – First Class

2011-2014: Associateship of King’s College London (AKC)

Awards

2016: Lord Mansfield Award – Lincoln’s Inn (highest tier scholarship)

2016: Hardwicke Entrance Award – Lincoln’s Inn

2016: City Law School Postgraduate Scholarship – City University

2016: Dickson Poon Prize for best student on the LLM (International Dispute Resolution) – King’s College London

2015: Yeoh Tiong Lay Award (one of four merit-based scholarships covering LLM fees and living expenses) – King’s College London

2014: World semi-finalist and fourth best speaker at the international rounds of the Jessup Moot competition, Washington DC 

2014: LLB leaving scholarship for combined academics and contribution to the Law School – King’s College London

Publications

Chapters in Edited Volumes

  • ‘Citing Religious Texts in Individual Opinions of Judgments of the International Court of Justice’, in Who is the Judge? Identity and Diversity on the International Bench (OUP 2021 forthcoming)
  • ‘ITLOS at 20: Provisional Measures and the Precautionary Approach’, in Diamond and Minas (eds), Stress Testing the Law of the Sea: Dispute Resolution, Disasters & Emerging Challenges (Brill 2018)
  • ‘Article 28’ in da Silva, Haeck and Wood (eds), Weapons and International Law: The Arms Trade Treaty (2015 Larcier) (with Penelope Nevill)

Conference Papers

  • ‘The Citation of Religious Texts in the International Court of Justice’, at Religion and Ethnicity on the International Bench (4 October 2018, Leiden University, Den Haag Campus)
  • ‘Provisional Measures at ITLOS: Looking Back and Looking Ahead’ at The Law of the Sea—Beyond Sovereignty? (1 October 2016), King’s College London

Papers, Briefing Notes and Case Summaries Published On Chambers’ Website