Mark Walsh

Full Profile

Mark practices exclusively in the energy and renewables sector, acting for both energy companies and contractors. His clients include major oil & gas companies, engineering and infrastructure companies and consultants, service companies, as well as rig, FPSO and vessel owners, and specialists in the windfarm supply chain, including fabrication, construction, transportation and installation.

Mark has over 27 years' experience of acting for clients in disputes before the courts and in arbitration proceedings (including ICC, LCIA, UNCITRAL and LMAA arbitration) as well as in mediations.  He is a frequent speaker at seminars and events, and has spoken on a wide range of risk management and dispute resolution topics, from offshore risks, liability and indemnity regimes to time & cost effective arbitration processes, and decommissioning security issues. He has particular experience of interlocutory relief, including jurisdictional challenges, injunctive relief (including in relation to calls on letters of credit) and freezing orders, and was a contributor to “Search & Freezing Orders” (4th edition, Informa).

Before studying law as a postgraduate, Mark studied engineering at Cambridge University. He was called to the Bar in 1996, and was a Diplock Major Scholarship recipient.  He is a member of TecBar and the Chartered Institute of Arbitrators.

Experience

• Recent high-value arbitration cases have involved disputes relating to fields in South America and East Africa, as well as a number of disputes arising out of exploration activities offshore West Africa
• Acting in a major dispute involving the supply of a rig, and ultimately the termination of the drilling contract, where virtually all systems were alleged to be seriously defective endangering life, including fire and gas systems, EX, BOP, air, water and mud systems
• Advising in relation to a platform management agreement and proposed work project in North Sea in light of a revised Safety Case; issues arising included liability for costs, access to third party infrastructure, and the exposure to claims following a shut-in of a major pipeline with many third party shippers; acting in related proceedings and advising and drafting in connection with the contractual documents for the allocated work project
• Representing owners in various Offshore Vessel charterparty disputes in the Commercial Court in London and in arbitration
• Acting for a client making the second ever access to infrastructure (pipeline and processing facilities) application to DECC in relation to North Sea assets
• Advising and acting in various JOA disputes
• Advising on decomissioning liabilities
• Advising on numerous drafting and contentious matters concerning indemnity (“knock for knock”) provisions
• Bespoke drafting of charterparty contract for deployment of cutting-edge well-intervention technology from a converted platform supply vessel
• Advising on cost/time/quality disputes arising out of subcontractor work on offshore, including renewables projects
• Advising on disputes with yards arising out of delays and issues arising during build/conversion, including issues relating to refund guarantees and their enforcement against foreign banks