Professional practice

Mubarak acts in high-value litigation, arbitration and employment disputes. He 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 regularly acts on cases for and against sovereign States.

Mubarak successfully represented Norway (with Vaughan Lowe QC) to defend the first known investor-state claim brought against it (Peteris Pildegovics and SIA North Star v Kingdom of Norway). An award was recently issued in favour of Norway, dismissing all claims of the Claimants.

Mubarak is currently instructed in the “At the Premises” case (London International Exhibition Centre v Royal & Sun and others), a series of preliminary issue trials on the interpretation of business interruption policies, being heard by the Court of Appeal in 2024, as well as several other pieces of Covid-19 insurance litigation including for well-known restaurant chains Flat Iron, Wahaca and Franco Manca.

Mubarak is also instructed in several high-value arbitrations, both ad hoc and under procedural rules, including investor-State arbitrations, LCIA Arbitrations and ad hoc arbitrations under the ‘Bermuda Form’.

Mubarak is called to the Bar of the British Virgin Islands and in the Dubai International Financial Centre.

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).

 

Examples of Recent Cases

London International Exhibition Centre PLC v Royal & Sun Alliance Insurance PLC [2023] EWHC 1481 (Comm)
The ‘At the Premises’ case concerning the interpretation of several insurance policies providing business interruption cover for Covid-19 losses.

Maduro Board v Guaidó Board [2021] UKSC 57; [2023] AC 156
Supreme Court decision concerning the recognition of foreign governments and Heads of State and the application and interpretation of the ‘Act of State’ doctrine

Cro v Rec, Rui [2023] EWHC 189 (Comm)
Concerning the interpretation of the “Source Proviso” in the standard form freezing order. Mubarak is also instructed (with Nathan Pillow KC and James Sheehan) in the underlying arbitral proceedings

Tethyan Copper Company v Islamic Republic of Pakistan 2021 Eastern Caribbean Court of Appeal
Instructed by the Islamic Republic of Pakistan in a successful application to set aside ex parte order enforcing an ICSID award against a sovereign State on the grounds of State Immunity and material non-disclosures in the BVI Commercial Court and the Eastern Caribbean Court of Appeal

Rajput v Commerzbank [2023] EAT 116
Dealing with the date of a TUPE Transfer when the relevant undertaking is present in the UK and abroad

Chenco Chemical Engineering v Do Fluoride [2021] EWHC 1052 (Comm)
Instructed in a trial to determine the amount enforceable under an arbitral award where the award provided the payment of a liquidated damages sum per month for so long as the Defendant used the Claimant’s technology.

Arbitration & related court applications

Mubarak regularly acts as both sole counsel and as junior counsel in high-profile international arbitrations under a variety of institutional rules, including commercial and investor-State arbitrations. He is also regularly instructed in Court applications in support of arbitration. He has regularly made oral submissions before arbitration tribunals in high-value disputes.

  • CRO v (1) REC; (2) RUI [2023] EWHC 189 (Comm). Mubarak was currently instructed (with Nathan Pillow KC and James Sheehan) to obtain freezing order relief in support of an intended arbitration. This decision concerns the effect of the “Source Proviso” for legal expenses in the standard form freezing order.
  • Peteris Pildegovics and SIA North Star v Kingdom of Norway (ICSID Case No. ARB/20/11). Mubarak is instructed (with Vaughan Lowe KC and others outside of Chambers) to represent Norway in the first known investor-State claim brought against it. In November 2022 the jurisdiction and merits hearing took place, at which Mubarak made opening oral submissions on jurisdiction.
  • Chenco Chemical Engineering v Do Fluoride Chemicals [2021] EWHC 1052 (Comm) Mubarak was instructed (as junior counsel to Siddharth Dhar) in a unique application for enforcement of an ICC award where enforce depended on the establishment of continued use by the Defendant of the Claimant’s products. Successfully applied for judgment on the award in the sum of €4m.
  • The “Maduro Board” v the “Guaido Board” of the Central Bank of Venezuela [2021] UKSC 57; [2020] EWCA Civ 1249; [2020] EWHC 1721 (Comm). Mubarak was instructed by the Central Bank of Venezuela, represented by the Maduro Board in proceedings which included a question over the authority of certain appointees to represent the Bank of Venezuela in arbitration proceedings (instructed with members of Chambers and counsel outside of Chambers);
  • Currently instructed (as sole counsel) in two upcoming LMAA arbitrations concerning the alleged breaches of a charterparty.
  • Currently instructed (as junior counsel to Stephen Houseman KC) in an LCIA arbitration with allegations of fraud and breach of contract in a share valuation process.
  • Currently instructed (as junior counsel to David Walsh) in two consolidated ad hoc arbitrations in relation to an alleged breach of two identical bareboat charterparties.
  • Tethyan Copper Company v Islamic Republic of Pakistan (BVIHCMAP 2021/0014; BVIHC (COM) 2020/0196): Mubarak was instructed (with Lucas Bastin KC, Angeline Welsh and others outside of Chambers) on behalf of the Islamic Republic of Pakistan in a successful application to set aside an order for the recognition and enforcement of an ICSID Award on the grounds of State Immunity from the adjudicative jurisdiction of the Court. The Court of Appeal further rejected an application to stay the discharge of injunctive relief pending an appeal on the grounds of State Immunity.
  • Instructed (as junior counsel to Philippa Hopkins KC) in a five-day LCIA arbitration on behalf of the Claimant, claiming for under-supply under a precious metals concentrates commodities contract. The case was heard in 2021, and Mubarak made opening and closing oral submissions on one of the three issues before the Tribunal.
  • UAB Arctic fishing v Kingdom of Norway (ICSID Case No. ARB/22/31): Mubarak is instructed (with Vaughan Lowe KC and others outside of Chambers) to represent the respondent State in this ICSID claim.
  • Instructed (with Philippa Hopkins KC) to draft documents in an ICC Arbitration concerning the termination of a global supply and purchase agreement concerning the sale of a unique and trademarked chemical product.
  • Instructed (with the late Edmund King KC) to apply for enforcement of an LCIA award and a post-award freezing injunction.
  • 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.

 

Civil Fraud & Asset Tracing
  • Instructed (with other members of Chambers) to advise on a substantial international civil fraud matter involving alleged breaches of foreign banking regulations;
  • Instructed (with Anna Dilnot KC) 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 (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;
Commercial dispute resolution

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

  • Instructed (with Philippa Hopkins KC) in a five-day LCIA arbitration on behalf of the Claimant, claiming for under-supply under a precious metals concentrates commodities contract (heard in September 2021).
  • Tethyan Copper Company v Islamic Republic of Pakistan BVIHC (COM) 2020/0196. Instructed on behalf of Pakistan in a successful application to set aside an order for the recognition and enforcement of an ICSID Award on the grounds of State Immunity from the adjudicative jurisdiction of the Court.
  • Instructed to draft claim submissions in a US$3m LCIA claim in relation to the sale of coal (with Edmund King KC then Philippa Hopkins KC);
  • Instructed (with leading counsel) 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 an application for an injunction to prevent the sale of a rare and valuable ‘classic car’ following a dispute between the owner and the repair garage.
  • 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.
  • Instructed (as sole counsel) to draft pleadings in a claim for breach of contract, negligence and conversion in relation to the collection, storage and misuse of the genetic material of rare and valuable breeds of ram.
  • Advised (with Jern-Fei Ng KC) 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.
Company & Insolvency 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 behalf of the petitioning creditor;
  • 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 (during pupillage) in preparing a pleading in relation to breach of director’s duties and failures to account under a contract;
  • Assisted a Member of Chambers (during pupillage) 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:

  • Instructed (with Ed Brown KC) in a successful application to obtain urgent injunctive relief to prevent three defendants from misusing the Claimant’s confidential information and for delivery up of confidential information.
  • Advised 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 and 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 (during pupillage) 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 (during pupillage) 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.
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 applications in the High Court. Examples include:

  • Instructed (with Ed Brown KC) in a successful application to obtain urgent injunctive relief to prevent misuse of the Claimant’s confidential information and for enforcement of post-termination restrictive covenants;
  • Advised (with Dan Oudkerk KC) on a successful application for an injunction to enforce post-termination restrictive covenants in Guernsey.
  • Advising (as sole counsel) a globally-established charity on the extent and adequacy of their Employers’ Liability insurance coverage.
  • Instructed (with David Craig KC) to defend a claim made against a bank for discrimination, harassment victimisation, unfair dismissal and allegations under the TUPE Regulations (upcoming 25-day trial);
  • Advising (with Andrew Hochhauser KC and Iain Quirk KC) on an employment dispute relating to an NHS Trust.
  • Instructed (as sole counsel) in a successful application for strike-out of a claim on the basis that the Claim brought (though described as wrongful dismissal) was for unfair dismissal for which the Claimant did not have the requisite qualifying service (Verton v Trenitalia 2200376/2021)
  • Instructed (as sole counsel) by a Claimant in a three-day unfair dismissal and discrimination claim (Masters v Caremark 3200567/2018);
  • Instructed (as sole counsel) in a successful defence of an unfair dismissal claim (Bishop v Trenitalia 2201764/2020);
  • Instructed (as sole counsel) by a Respondent in a two-day unfair dismissal claim, defended on the grounds of gross misconduct.
  • Instructed in several upcoming Employment Tribunal hearings including a five-day hearing concerning allegations of pregnancy and maternity discrimination.
Energy, Natural Resources & Commodities
  • Instructed (with Philippa Hopkins KC) in a five-day LCIA arbitration on behalf of the Claimant, claiming for under-supply under a precious metals concentrates commodities contract (heard in September 2021);
  • Advised (with Jern-Fei Ng KC) 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.
Injunctions, interim relief
  • Instructed (with Ed Brown KC) in a successful application to obtain urgent injunctive relief to prevent misuse of the Claimant’s confidential information and for enforcement of post-termination restrictive covenants;
  • Instructed (with Edmund King KC) on an application for enforcement of an LCIA award and a post-award freezing injunction;
  • Advised (with Dan Oudkerk KC) on a successful application for an injunction to enforce post-termination restrictive covenants in Guernsey;
  • Instructed (as sole counsel) in respect of an application for an injunction to prevent the sale of a rare and valuable ‘classic car’ following a dispute between the owner and the repair garage.

 

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 of work include:

  • Instructed (with John Lockey KC) 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 (as sole counsel) a globally-established charity on the extent and adequacy of their Employers’ Liability insurance coverage.
  • 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 (during pupillage) 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 (during pupillage) in drafting Particulars of Claim alleging material non-disclosure or misrepresentation voiding a policy of public liability cover.

Mubarak has also recently given a talk to a solicitors’ firm (with leading counsel) on application of Bermuda Form insurance to climate change claims.

Investment treaty disputes

Mubarak is developing a broad practice in investment treaty disputes, including treaty cases and post-arbitration enforcement matters.

  • Tethyan Copper Company v Islamic Republic of Pakistan BVIHC (COM) 2020/0196. Instructed on behalf of Pakistan in a successful application to set aside an order for the recognition and enforcement of an ICSID Award on the grounds of State Immunity from the adjudicative jurisdiction of the Court.
  • Instructed (with Vaughan Lowe KC) 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.
  • Instructed (with Lucas Bastin KC) to advise prospective claimants to an investor-State claim on their prospects of success.
  • 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 KC) 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 the capacity of the FCDO to enter into a grant agreement;
  • Advising on the possible breach of a grant agreement between an international bank and a government agency, including the binding nature and construction of the agreement, and remedies for breach;
  • 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 FCDO 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.
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:

  • Tethyan Copper Company v Islamic Republic of Pakistan BVIHC (COM) 2020/0196. Instructed on behalf of Pakistan in a successful application to set aside an order for the recognition and enforcement of an ICSID Award on the grounds of State Immunity from the adjudicative jurisdiction of the Court.
  • Tethyan Copper Company v Islamic Republic of Pakistan BVIHCMAP2021/0014. Instructed on behalf of Pakistan to resist an application to the Eastern Caribbean Court of Appeal for interim relief pending appeal of the above judgment on the grounds that there was an undisturbed finding of State immunity.
  • Deutsche Bank v Bank of Venezuela; Bank of Venezuela v Bank of England [2020] EWHC 1721 (Comm); [2020] EWCA Civ 1249; UKSC Case No. 2020/0195, involving questions of the recognition of Governments and Heads of State, the principle of non-intervention and the Foreign Act of State doctrine;
  • Peteris Pildegovics and SIA North Star v Kingdom of Norway (instructed on behalf of the Kingdom of Norway with Vaughan Lowe KC);
  • Advising the FCDO in the latter stages of drafting several treaties with Eastern European States designed to replace EU-framework agreements post-Brexit;
  • Assisted two Members of Chambers (during pupillage) 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 (during pupillage) 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. Alongside his practice, Mubarak is a visiting lecturer in Public International Law at King’s College London

Shipping & admiralty

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

  • Instructed (with Philippa Hopkins KC) in a five-day LCIA arbitration on behalf of the Claimant, claiming for under-supply under a precious metals concentrates commodities contract (September 2021).
  • Instructed (as sole counsel) to draft reply submissions in an LMAA arbitration with issues including demurrage, payment for bunkers, vessel damages and loss of equipment. Claim valued at over US$1m.
  • Advised (with Jern-Fei Ng KC) 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 KC then Philippa Hopkins KC) to draft claim submissions in US$3m LCIA claim in relation to the sale of coal;
  • Advised (as sole counsel) in a demurrage dispute under a contract of sale;
  • Assisted (during pupillage) on a defence to an alleged breach of MARPOL bunkering regulations.
Career

2021: Called to The British Virgin Islands Bar

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

  • ‘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