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 appeared in the Court of Appeal and in the Supreme Court. 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 in the 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, a case involving question of which person Her Majesty’s Government recognises as the President of Venezuela, and 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).

Mubarak is called to the Bar of the British Virgin Islands and is instructed in Tethyan Copper Company v Pakistan, a case concerning the enforcement of one of the largest ever ICSID awards (US$6bn).

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).

 

Examples of Recent Cases

“Maduro Board” of the Central Bank of Venezuela v “Guaidó Board” of the Central Bank of Venezuela [2021] QB 455; [2020] EWCA Civ 1249 and [2021] 1 All ER 719; [2020] EWHC 1721 (Comm). Instructed on behalf of the “Maduro Board” in a case involving question of which person Her Majesty’s Government recognises as the President of Venezuela, and the entitlement of persons to give instructions on behalf of the Bank of Venezuela in relation to ongoing litigation and arbitration proceedings. Currently on appeal to the UK Supreme Court.

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.

A five-day LCIA arbitration (instructed with Philippa Hopkins QC) on behalf of a Claimant claiming for under-supply under a precious metals concentrates commodities contract (September 2021).

Chenco Chemical Engineering and Consulting GMBH v Do Fluoride Chemicals Co Ltd Instructed on behalf of Chenco in a trial of sums due to Chenco under the terms of a 2013 ICC Arbitration Award.

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:

  • 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, 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);
  • Peteris Pildegovics and SIA North Star v Kingdom of Norway (instructed on behalf of the Kingdom of Norway with Vaughan Lowe QC);
  • Instructed (with Philippa Hopkins QC) 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 (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 Philippa Hopkins QC) to prepare an answer to a Request for Arbitration 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 leading counsel) to apply for enforcement of an LCIA award and a post-award freezing injunction;
  • Instructed (with Lucas Basin) to advise prospective claimants to an investor-State claim on their prospects of success.
  • A US$3m LCIA claim in relation to the sale of coal (instructed to draft claim submissions with Edmund King QC then Philippa Hopkins QC);
  • Advised (with leading counsel) on a proposed SIAC arbitration in a dispute over the sale and delivery of propane gas;
  • Advised (as sole counsel) 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 (as sole counsel) on the continuation of an arbitration after the claimant had been universally succeeded under Russian law.
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) 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 QC) 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 QC then Philippa Hopkins QC);
  • 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 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.
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) 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) 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 QC) 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 QC) 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 QC and Iain Quirk QC) 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 QC) 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 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.
Injunctions, interim relief
  • Instructed (with Ed Brown) 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 QC) on an application for enforcement of an LCIA award and a post-award freezing injunction;
  • Advised (with Dan Oudkerk QC) 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 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 (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 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.
  • Instructed (with Lucas Basin) 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) 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 QC);
  • 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.

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 QC) 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 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 then Philippa Hopkins QC) 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