Mark Mangan

mark-mangan

Mark Mangan

Partner

Singapore | Dechert (Singapore) Pte. Ltd., One George Street, #16-03, Singapore, Singapore 049145
+65 6730 6983 | +65 6730 6979

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Practice Areas

Mark Mangan is a partner in the International Arbitration Group of Dechert, based in Singapore. He has been retained over the last 15 years to help resolve disputes in Asia, Europe, the Middle East, Africa, and North America. Mr. Mangan serves as both counsel (over 50 cases) and arbitrator (in excess of 15 arbitrations). As counsel, Mr. Mangan represents clients in important and complex matters, often involving a government or political dimension, in the oil and gas, mining, finance, telecommunications, high technology, manufacturing, construction and sports sectors. As arbitrator, Mr. Mangan has been appointed under the rules of arbitration of SIAC, ICC, LCIA and SCC, as well as an ad hoc arbitrator appointed under Singapore law. The laws considered and applied in these disputes include (in alphabetical order) those of Australia, Austria, Canada, China, Czech Republic, England and Wales, Finland, France, India, Indonesia, Japan, Korea, Liberia, Mongolia, Myanmar, Nigeria, Qatar, Russia, Sierra Leone, Singapore, Switzerland, Thailand, several states of the United States, the UAE, and Vietnam.

Mr. Mangan is a co-author of a leading book on Singapore and SIAC Arbitration, A Guide to the SIAC Arbitration Rules, with the first edition published by Oxford University Press in 2014 and the 2nd edition in February 2018.  He has also written over 40 published articles and book chapters on investment treaty arbitration, international commercial arbitration and sports arbitration, and presents regularly at seminars and conferences on those subjects. Mr. Mangan has been recognized as a leading lawyer by Chambers Asia Pacific, Chambers Global and Legal 500 Asia Pacific for his work in international arbitration in Singapore, describing him as ‘highly astute’, ‘innovative’, ‘hands-on’, 'on top of things' and 'has an encyclopaedic knowledge of the SIAC rules and Singapore arbitration practice'.  Mr. Mangan was short-listed and ‘Commended’ in the 2017 Financial Times Innovative Lawyers Awards for the Asia-Pacific and was listed in the 2017 Who’s Who Legal Future Leaders of Arbitration under 45, which noted that 'he is viewed as "the rising star in Singapore"' arbitration. Most recently, Mr. Mangan was named in the 2017 Commercial Arbitration Expert Guide,  Global Arbitration Review’s Who’s Who Legal: Arbitration 2018 and Benchmark Litigation Asia-Pacific 2018 as a Dispute Resolution Star for international arbitration.

Experience
Represented:
  • Two Korean investment funds in the successful defence of a HKIAC arbitration claim brought against them, while all of our clients’ counterclaims were upheld with costs (Korean law; Hong Kong seat).
  • A consortium of international oil companies in a successful multi-billion dollar ad hoc arbitration claim brought under a production sharing contract with an African state oil company (Nigerian law; ad hoc arbitration; African seat).
  • A US oil major in a multi-billion dollar contractual dispute with the Russian Federation in relation to contributions required to be made under the parties' Production Sharing Agreement to the state's fiscal budget (Russian law; ad hoc arbitration; Stockholm seat).
  • A US oil major in a series of high value complex disputes with an Asian government and state-owned entities arising under several production sharing contracts.
  • A major Asian international oil and gas company in a series of disputes against the Federal Government of Nigeria.
  • A South East Asian state-owned oil and gas company in relation to a multi-million dollar dispute arising out of the construction of a polyester plant (Vietnamese law; ICC; Singapore seat).
  • A major international oil company in a dispute with P&I club insurers in relation to oil products delivered in Singapore.
  • A major international mining company in a series of high value complex disputes with a central Asian government.
  • A Korean construction and engineering conglomerate in a SIAC arbitration, a ICDR arbitration, an ICC arbitration and Singapore court litigation arising out of various projects around the world (laws of Singapore, Korea, Qatar and England).
  • A consortium of Japanese and Korean companies in relation to disputes arising out of the construction of a chemical refinery in South East Asia (English law; SIAC arbitration; Singapore seat).
  • A Chinese energy and construction company in relation to a Singapore court challenge to an ICC arbitration award (Singapore seat).
  • A major nuclear power plant manufacturer in a series of large and complex multi-billion dollar construction arbitrations with the state-owned employer under the ICC Rules (Finnish law; ICC; Paris seat).
  • A Korean engineering company in an ad hoc construction arbitration relating to alleged delayed and deficient building works (Singapore law; ad hoc arbitration; Singapore seat).
  • A office services company in a US$22 million SIAC arbitration with one of the largest residential and commercial development companies in Asia (Singapore law; Singapore seat; SIAC).
  • A major US satellite manufacturer in its successful defence against an ad hoc arbitration claim brought by a satellite operator and its insurers (UAE law; ad hoc arbitration; Toronto seat).
  • A major US satellite manufacturer in its successful defence (with costs) against a large and complex ICC arbitration brought by a satellite operator and its insurers (UAE law; ICC; Paris seat).
  • A global technology company in a dispute with a Vietnamese stated-owned oil and gas company (Vietnamese law; VIAC arbitration; Vietnam seat).
  • An international glass and building material company in a multi-million euro dispute with a Korean company arising under a share purchase agreement (Singapore seat).
  • Eastern Sugar B.V. in its successful investment treaty claim against the Czech Republic (UNCITRAL Rules), securing a €27,000,000 award (public international law; ad hoc; Paris seat).
  • A large European chemical manufacturer in relation to a dispute over the sale of part of its business to a Chinese entity (Singapore seat).
  • A European biotech company in a dispute with an international pharmaceutical company governed by the AAA Commercial Arbitration Rules.
  • A high worth southern European in an LCIA arbitration brought by a major private equity group (English law; LCIA; London seat).
  • The Korean Olympic Committee and Korean Swimming Federation in an eligibility dispute with Mr Tae Hwan Park before the Court of Arbitration for Sport and arising out of selection of the Korean swim team for the 2016 Rio Olympic Games (Swiss law; CAS; Lausanne seat).
  • The Union Cycliste Internationale (UCI) in proceedings in London in early 2013 brought in the wake of the Lance Armstrong doping scandal (Swiss law; ad hoc; London seat).
  • The International Olympic Committee (IOC) in over ten appeals brought before the Court of Arbitration for Sport arising from the 2004 Athens Olympic Games, the 2006 Torino Olympic Winter Games, and the 2008 Beijing Olympic Games (Swiss law; CAS; Lausanne seat).
  • The London Organising Committee for the Olympic Games (LOCOG) in relation to a high value commercial dispute referred to the Court of Arbitration for Sport arising in relation to the 2012 London Olympic Games (Swiss and English law; CAS; Lausanne seat).
  • And the International Cricket Council (ICC) in a series of commercial disputes with Global Cricket Corporation and national cricket federations (Paris seat) arising out of the 2003 Cricket World Cup (English law; ICC; Paris seat).

Includes matters handled at Dechert or prior to joining the firm.

Education
  • University of New South Wales, Sydney, B.Com., 1996
  • University of Technology, Sydney, LL.B. (Hons), 2000, Winner of University Medal, (summa cum laude)
  • University of Cambridge, LL.M., 2002, (Cambridge Commonwealth Trust Scholarship and Pegasus Middle Temple Scholarship)
Admissions
  • England and Wales
  • Australia
Languages
  • English
  • French
Memberships
  • Fellow, Singapore Institute of Arbitrators (SIArb)
  • Member, Korean Commercial Arbitration Board (KCAB)
  • Member, Hong Kong International Arbitration Center (HKIAC)
  • Member, London Court of International Arbitration (LCIA) Users' Councils
  • Member, Singapore International Arbitration Centre (SIAC) Users' Councils and Panel of Arbitrators
  • Fellow and member of Practice and Procedure, Australian Centre for International Commercial Arbitration (ACICA)
  • Member, ICC Commission on Arbitration and ADR
  • Advisory Board Member, Institute for Transnational Arbitration
Speaking Engagements
  • International Investment Arbitration Across Asia: The Impact of Trans-Pacific Partnership on Dispute Resolution in Asia -  CIArb International Arbitration Conference 2018, Malaysia (December 6 - 7, 2018)

Mark Mangan speaks on the topic of "International Investment Arbitration Across Asia: The impact of Trans-Pacific Partnership on Dispute resolution in Asia".  Treaty-based investor-state arbitration is an increasingly topical issue, as Foreign Direct Investment flows continue to grow, especially across Southeast Asia and the rest of the Asian region, and host states have begun to experience some claims brought by disgruntled investors. This session will look at the recent development in international investment scene in the Asian region.

  • Does transboundary pollution or smoke haze violate international law and human rights, and what can be done about it? — Presented by The ACC Singapore Chapter and Dechert, Singapore (June 15, 2017)

Mark Mangan explains how states have full sovereignty over activities within their borders but can be in violation of international law should those activities pollute neighboring states. He also explore how industrialization, which itself is a human and national right, can lead to a violation of human rights and the protections afforded to foreign investors should such activities lead to excessive harm to the environment.

  • Current Issues in International Investment Arbitration — ISDS Seminar 2016, Seoul (October 27, 2016)

Partner, Mark Mangan, presents on "Human Rights Law in Investment Arbitration - Both a Sword and a Shield?". 

  • Storms in the South China Sea: Law of the Sea Arbitration and 'Islands' of Dispute —Section of International Law 2016 Fall Meeting, Tokyo, Japan (October 21, 2016)

A panel of experts from countries bordering the area and other countries — non-bordering but very much affected and involved — struggle to answer questions, which may be the pivotal questions of international law in this decade.

  • Courts (including the SICC) -Role, Support, Annulment and Enforcement — SIArb Commercial Arbitration Symposium 2016, Singapore (September 21, 2016)

Mark Mangan is the Co-Chair of Session 2: Courts (including the SICC) -Role, Support, Annulment and Enforcement. 

  • ICC Arbitration in Myanmar — Organized by: the International Court of Arbitration of the International Chamber of Commerce (ICC), Yangon, Myanmar (August 18-20, 2016)

Mark Mangan is the speaker of the Training Session 2: Drafting the Answer to the Request for Arbitration, Training Session 4: Provisional Time Table & The Provisional Order and Panel Discussion: The Myanmar Arbitration Regime and the way forward! 

  • Regional opportunities for commercial arbitration — NTBA Dili Conference, Timor Leste (July 134, 2016)

Mark Mangan speaks on the topic of "Regional opportunities for commercial arbitration".

  • Managing the International Arbitration Process — QMUL/SMU/SIAC Arbitration Colloquium, (July 7, 2016)

Mark Mangan speaks at the panel which analyzes commonwealth, continental and investment treaty jurisprudence and practice on the enforcement of multi-tiered arbitration clauses.

  • Investor-state arbitration in Asia — 2nd Annual GAR Live Singapore, Singapore (May 26, 2016)

Mark Mangan moderates Session three on investor-state arbitration in Asia. This panel discusses the evolving attitudes of arbitrators, the states, investors, the media and the courts to investor-state arbitration, with a particular focus on Asia.

  • Potential Treaty Claims Arising Out Of Environmental Pollution — Investor-State Dispute Settlement (ISDS) Forum, Seoul (May 3, 2016)
  • International Sports Law and Sports Arbitration — Sports Arbitration Conference Seoul, Seoul (May 2, 2016)

Partner Mark Mangan speaks as a discussant at a session titled "CAS Procedure and Practice". 

  • Does the Smoke Haze Over South East Asia Violate International Law? — Presented by Centre for Cross-Border Commercial Law in Asia (CEBCLA), Singapore Management University (SMU), Singapore (March 15, 2016)
  • Arbitrating in Asia: Emergence of Environmental Disputes and Asia-Related Strategy Considerations — Young ICCA Shanghai Workshop, Shanghai (March 5, 2016)

Mark Mangan serves as a panelist at the “Young ICCA & ICDR Shanghai Workshop -Arbitrating in Asia: Emergence of Environmental Disputes and Asia-Related Strategy Considerations”.  Mangan speaks on “Asian arbitration climate: the brewing of environmental disputes”.

  • Improvements in the Indian judicial system and lessons learnt from the West — Magna Carta 800th Anniversary – Foundation of Democracy and the New Trends of Dispute Resolution in India Hosted by International Bar Association (IBA), New Delhi (December 5, 2015)
  • ICSID at 50: The Evolution Of International Investment Treaties And Dispute Resolution — International Centre for Settlement of Investment Disputes (ICSID) and Xi'an Jiaotong University, Xi'an (November 26, 2015)
  • ISDS: Focus on Infrastructure Projects in the Region — The 4th Asia Pacific ADR Conference, Seoul (November 4, 2015)
  • International Commercial Arbitration: Study of a Mock Case Under the 2012 ICC Rules of Arbitration — International Chamber of Commerce (ICC), Mumbai, India (October 15, 2015)

This training provides participants with a first-hand experience and understanding of the ICC Arbitration procedure through practical and interactive sessions. Participants study the arbitration proceedings through the simulation of a mock case.

  • Arbitration of Oil & Gas Disputes From The Corporate Counsel's Perspective — SIAC Conference: The Rise and Rise of International Arbitration in Indonesia, Indonesia (September 17, 2015)

Mark Mangan speaks on a panel called Arbitration Of Oil & Gas Disputes. Speakers discuss the applicability of arbitration to the resolution of oil & gas related disputes and issues that may arise in such arbitrations.

  • The SIAC Emergency Arbitrator Experience: How Does It Work? — SIAC Conference: India's Progressive Approach Toward International Arbitration – How Far Have We Come?, India (September 5, 2015)

This Panel discusses the concept of an emergency arbitrator, recent emergency arbitrator cases at SIAC, timelines involved, the effectiveness and enforceability of emergency arbitrator orders or awards in Singapore and India and court decisions of relevance to the topic