Professional practice

Mubarak is developing a broad commercial practice in line with Chambers’ profile. During pupillage he experienced a wide range of commercial litigation and arbitration disputes, as well as employment, public law, insurance and VAT/customs disputes.

Prior to joining Essex Court Chambers, Mubarak interned at the International Tribunal for the Law of the Sea in Hamburg and at the British Institute of International and Comparative Law. He also worked with a number of barristers and academics as a Research Assistant, contributing to work on a number of cases and publications.

 

Arbitration & related court applications

Mubarak is developing a broad arbitration practice in line with Chambers’ profile. During pupillage, he experienced and assisted Members of Chambers on a number of matters including:

  • An LCIA arbitration concerning the proper consideration to be paid for a company under an SPA;
  • An appeal to the Supreme Court concerning an arbitrator’s duty of disclosure;
  • An arbitration concerning an alleged breach of MARPOL bunkering regulations;
  • An arbitration seeking a final injunction against an ex-Vice President of a company from breaches of restrictive covenants contained within a shareholders’ agreement;
  • An LCIA arbitration concerning breaches of contracts relating to the sale of products in the agricultural sector;
  • 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; and
  • Advising on post-Award matters following an LCIA arbitration, including applying to Court for to extend the time for a correction application to the Tribunal.
Civil fraud & asset tracing
  • 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; and
  • Assisted a Member of Chambers in preparing an amended Defence to a claim alleging fraud and mismanagement of trust properties.
Commercial dispute resolution

During pupillage, Mubarak assisted on a number of matters across Chambers’ work profile in this area, including:

  • A case involving non-payment of a CEO’s remuneration arising under various contractual agreements;
  • An application for security for costs and the re-service of evidence to comply with the Disclosure Pilot Scheme in a dispute arising under a contract of carriage;
  • Resisting an application for payment out of Court funds held in the Court Funds Office; and
  • Advising a Government Minister on whether gratuitous payments to local councils would extinguish their claims against third parties.
Company & insolvency law
  • 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 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
  • 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

During pupillage, Mubarak assisted in a wide range of employment and post-termination matters, including:

  • An application for urgent injunctive relief against a former employee for breach of restrictive covenants and the disclosure of confidential patient data;
  • 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;
  • A case involving non-payment of a CEO’s remuneration arising under various contractual agreements;
  • 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;
  • An application for urgent injunctive relief against a former employee for the unauthorised access and misuse of a database containing confidential information;

Mubarak has also drafted a briefing note on the effects of the Supreme Court’s judgment in Tillman v Egon Zehnder on severance in restrictive covenant cases.

Energy & natural resources

During pupillage, Mubarak was exposed to a variety of work in this area. He has experienced drafting advice to the operator of a fuel terminal on the prospects of success against a vessel that broke her moorings, causing damage to the terminal’s loading arms.

Human rights & civil liberties
  • 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 defending a judicial review of the way Universal Credit entitlement is calculated.
Injunctions, interim relief

During pupillage, Mubarak assisted on a number of urgent applications for interim injunctions in the post-termination restrictive covenant context. He also:

  • 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;
  • Assisted a Member of Chambers in resisting an application for payment out of Court funds held in the Court Funds Office; and
  • Assisted a Member of Chambers in preparing to resist an application for security for costs and the re-service of evidence to comply with the Disclosure Pilot Scheme in a dispute arising under a contract of carriage.
Insurance & reinsurance
  • 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;
  • Assisted a Member of Chambers in preparing for a trial for cover under a marine insurance policy where it was alleged that the Vessel had been scuttled.
International trade, transport & commodities

During pupillage, Mubarak experienced a wide range of work in this area, including an appeal to the GAFTA Board of Appeal in a dispute concerning whether the Buyer had lost its right to object to delivery of documents conforming to the contract.

Media, art, entertainment

Experienced and assisted a Member of Chambers during a substantial art fraud trial in the High Court during pupillage.

Public & administrative law

During pupillage, Mubarak assisted Members of Chambers in a range of public law matters and judicial reviews. Examples include:

  • Assisting in the preparation of a Judicial Review of DEFRA’s refusal to grant a retrospective import license in respect of a piece of ivory artwork;
  • Assisting in the preparation of a skeleton argument for a Judicial Review in the Upper Tribunal in respect of the proper VAT Treatment of a public authority car leasing scheme;
  • Assisting a Member of Chambers advising a Government Minister on whether gratuitous payments to local councils in respect of certain building works would extinguish their claims against third parties;
  • Assisting a Member of Chambers in defending a judicial review of the calculation of Universal Credit entitlement;
  • Assisting a Member of Chambers in defending a judicial review of the SSHD’s to refuse to grant a Certificate of Entitlement to a Right of Abode, on the grounds that the documents submitted in support were fraudulent.
Public international law

Mubarak has an academic and research background in public international law. During pupillage he:

  • 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 an submissions in the Court of Appeal 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, and has assisted in a number of matters before domestic courts and international arbitral tribunals (both investor-State and State-State).

Revenue law (including VAT, IPT, duties & excise)
  • Assisted a Member of Chambers in advising on the proper VAT treatment of the construction work for a new lodge building within an estate, and whether it fell within the meaning of ‘dwelling’ within Schedule 8 of the VAT Act;
  • Assisted a Member of Chambers in preparing a skeleton argument for a Judicial Review in the Upper Tribunal in respect of the proper VAT Treatment of a public authority car leasing scheme;
  • Assisted two Members of Chambers in drafting an application for permission to appeal to the Upper Tribunal in respect of a decision of the First-Tier Tribunal not to apply the prompt payment discount VAT treatment in Sch. 6 VATA to the supply of fixed line rental services to the consumer market.
Shipping & admiralty
  • Assisted a Member of Chambers in advising on the prospects of success of an arbitral claim under a contract of carriage;
  • Assisted a Member of Chambers in preparing a defence to an alleged breach of MARPOL bunkering regulations;
  • Assisted a Member of Chambers in respect of a shipbuilding arbitration, including on issues of the Prevention principle and the powers of the Tribunal to adjust time under the Contract;
  • Assisted a Member of Chambers in preparing for a scuttling trial.
Unjust enrichment & restitution claims

Assisted a Member of Chambers in advising on limitation issues in respect of an unjust enrichment claim where the contract provided for a time-bar.

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)

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

‘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