Mark Mangan

Partner Singapore

Mark Mangan is one of the leading arbitration lawyers based in Asia. He has appeared as counsel in over 50 cases, arising all around the world. Many of the cases have been ground-breaking; have often raised novel and complex issues requiring innovative solutions; and routinely involve some of the world’s leading corporations, sovereign governments and state owned entities.

Mark also regularly sits as an arbitrator, having been appointed on over 25 occasions under the rules of various institutions, including those of the SIAC, ICC, HKIAC, LCIA, SCC and KCAB, serving as sole arbitrator, co-arbitrator, presiding arbitrator and emergency arbitrator.

On 25 November 2021, Mark and his team were awarded ‘International Arbitration Team of the Year’ at the Legal 500 Southeast Asia awards for 2020 and 2021. This is a significant award, recognizing the team’s development into one of the leading arbitration practices in Asia. Mark was also short-listed for the prestigious Private Practice Lawyer of the Year award, covering all legal practice areas in Southeast Asia.

Industry publications Legal 500 and Chambers have previously noted (based on feedback from clients and peers) that Mark is ‘a super cross-examiner’, 'incredibly hard working', 'a great advocate', 'has an ability to assimilate a large amount of highly complex data', 'remains cool under pressure', is ‘exceptional’, 'brilliant at tactics' and 'excels at formulating and executing winning legal strategy consistent with the client's needs and objectives'. Mark is also described by clients as 'superb', 'highly astute', 'innovative', 'hands-on', 'on top of things' and 'has an encyclopedic knowledge of the SIAC rules and Singapore arbitration practice'. Legal 500 has also noted that Dechert's Singapore arbitration practice led by Mark is considered a future market leader. The team 'is going places', 'a growing force', 'has won a lot of new mandates', is 'entrepreneurial in its approach' and has ‘a very good team with strong advocacy skills and a deep bench’. Most recently, Legal 500 (2021) observes that Mark ‘is an outstanding lawyer, a great strategist and executes the strategy with his great advocacy skills. Chambers (2021) similarly notes that Mark ‘is an "excellent arbitration practitioner" and a "really excellent, top-notch advocate" [with] an impressive track record acting on a range of arbitration mandates, from commercial and investment treaty to sports arbitrations. He is notably active on gas price review arbitrations, [and] attracts strong praise from interviewees with one reporting: "He’s a very sharp cross-examiner and he is very thorough and hardworking.”’

Mark was also ‘highly commended’ in the 2019 Financial Times Innovative Lawyer Awards Asia-Pacific (for leading one of Singapore's first ever third party funded arbitrations) and ‘commended’ in the 2017 edition (for identifying and promoting international law remedies to cross-border haze pollution).

Mark and his team handle disputes arising across a broad range of sectors. Areas of particular focus have included oil and gas (including gas price reviews), mining, nuclear energy, renewables, high technology (including satellites), construction, life sciences, private equity, cryptocurrencies, the formation and winding down of financial funds, food and beverage, and telecommunications. Shareholders disputes and so-called post M&A disputes have also featured in recent times.

Mark has an active investment treaty practice, advising and representing both investors and states. He is also a co-editor and author of A Guide to Investment Treaty Protection and Enforcement (Global Arbitration Review, 1st Edition 2021) and a co-editor of GAR’s on-line Investment Treaty Arbitration Know-how series.

Mark has appeared as counsel and arbitrator in numerous international sports disputes. He has advised and represented some of the world’s leading sporting organisations, including the International Olympic Committee (IOC), the International Cricket Committee (ICC), the Union Cycliste Internationale (UCI), the Korean Olympic Committee, the Korean Swimming Federation and the London Organising Committee for the Olympic Games (LOCOG), as well as Ms. Mariyam Mohamed of the Football Association of the Maldives in a case which in early 2021 established important precedents for gender diversity and the elimination of corruption in sports.

Mark has recently appeared as lead advocate (with his team) in the following cases, among others:

Two multi-billion dollar Asian LNG price review arbitrations (2019 - 2020), which were first-of-their-kind cases, raising complex legal and technical issues, requiring an innovative strategy, and which in the result established important precedents in the Asian LNG industry.
One of the very first third party funded arbitrations in Singapore (2018 - 2021), which earned the team recognition in the 2019 Financial Times Innovative Lawyer Awards Asia-Pacific.
A long-standing investment treaty arbitration which went to a final hearing in October 2021 (award pending).
Two appeals successfully brought before the Court of Arbitration for Sport (CAS), proving complex claims of gender discrimination, denial of justice and corruption in Asian football governance (2019 – January 2021).
A multi-billion-dollar arbitration brought against our client which was successfully defended on the basis the claims were inadmissible under English law and beyond the jurisdiction of the tribunal (2018 - 2020).
A commercial arbitration (2017 - 2018) in which a complete victory was achieved following the rejection of all the claims brought against our clients while all our clients’ counterclaims were all upheld in full plus costs, with the losing party then promptly retaining Mark’s team in its very next dispute.
A multi-billion-dollar commercial arbitration on behalf of a consortium of oil and gas majors in which an order was obtained requiring a state-owned oil company to specifically perform a 30-year production sharing contract, the terms of which it had agreed although without signing the contract, raising issues of equity and estoppel.
A commercial arbitration in Singapore (2016) in which Mark’s team successfully obtained an order for document production at an early stage of the proceedings, before filing the Statement of Claim, which promptly led to a settlement given the significance and sensitivity of the documents ordered to be disclosed.

In addition to his book on investment treaty arbitration, Mark is a co-author of a leading book on Singapore Arbitration, A Guide to the SIAC Arbitration Rules (Oxford University Press; 1st ed. 2014; 2nd ed. 2018; 3rd ed. forthcoming 2022). Mark has written over 20 published articles and book chapters on investment treaty arbitration, international commercial arbitration and sports arbitration; has taught arbitration at several universities; and presents regularly at industry seminars and conferences.

A detailed experience list is available on request.

Books

A Guide to the SIAC Arbitration Rules (forthcoming 2023, 3rd edition, Oxford University Press)
A Guide to Investment Treaty Protection and Enforcement (2021, 1st edition, Global Arbitration Review)
A Guide to the SIAC Arbitration Rules (2018, 2nd edition, Oxford University Press)
A Guide to the SIAC Arbitration Rules (2014, 1st edition, Oxford University Press)

Articles

Most Favoured Nation Protection Under Investment Treaties (2022, Shenzhen Court of International Arbitration, FDI Moot Shenzhen)
Protecting Investments in Carbon Credits through Investment Treaties (2022, Oil, Gas & Energy Law Journal, OGEL 4, June 2022)
An Unequal Playing Field (2021, Global Arbitration Review)

Cross-Examination in International Arbitration: Theory and Practice for a Korean audience Part One presented by Dechert (November 29, 2022)
Exploring the ACICA Expedited Rules 2021 - National Roadshow - ACICA-CIArb Australia Arbitration Week 2022 held in Melbourne, Australia (November 10, 2022)
Resolving disputes efficiently - Expedited Arbitration or Expert Determination? - ACICA-CIArb Australia International Arbitration Conference 2022 held in Melbourne, Australia (November 7, 2022)
Arbitration is as good as the Arbitral Tribunal - Myth or Reality? - India ADR Week 2022 held in various cities in India and virtually (October 14, 2022)
Arbitration in Human Rights, ESG and Employment Disputes: Bridge to Terabithia? - Asia ADR Week 2022 held in Kuala Lumpur, Malaysia and virtually (October 7, 2022)
Cross-Examination in International Arbitration: Theory and Practice for a Philippines audience Part Two presented by Dechert (October 6, 2022)
Cross-Examination in International Arbitration: Theory and Practice for a Philippines audience Part One presented by Dechert (October 4, 2022)
From Negotiations to Arbitrations: Strategic Considerations for Asian LNG Price Reviews - The Association of International Energy Negotiators (AIEN)'s Asia Chapter Event in Singapore (September 14, 2022)
Reviewing the Current Status - Significant trends and developments in international commercial and investment arbitration across the Asia-Pacific region during the Covid-19 pandemic - IPBA Arbitration Day 2022 held in Singapore (August 31, 2022)
Cross-Examination in International Arbitration: Theory and Practice Part Two presented by Dechert (March 8, 2022)
Cross-Examination in International Arbitration: Theory and Practice Part One presented by Dechert (March 1, 2022)
How to conduct international arbitration on a limited budget or for no budget at all! (February 10, 2021)
Dechert SIAC Webinar: Time and Cost Effective Arbitrations (October 26, 2020)
SIAC Indochina Academy 2020: Workshop on Drafting and Handling an Application for Early Dismissal – from Arbitration Practioners and Arbitrator’s Perspectives (October 16, 2020)
Covid-19: The Consequences on Contract Performance And The Resolution of Disputes: Commentary, MEALEYs International Arbitration Report Vol. 35, #3, March 2020
Global Broadcast Series presented by Dechert: The Lockdown Series (May 7, 2020 – July 13, 2020):
- Part One – Force majeure and other contractual mechanisms;
- Part Two – Relying on legal doctrines and legislative measures to renegotiate or suspend a contract;
- Part Three – Pursuing arbitration claims on a shoestring;
- Part Four – Remote hearings: fair or foul; and
- Part Five – Claims arising from failed transactions.
Debate: Price Reviews in Asia and Europe: Same-Same or Different? — ITA-IEL-ICC Joint Conference on International Energy Arbitration, Singapore (September 18-19, 2019)
5th Annual GAR Live Singapore — Global Arbitration Review, Singapore (August 27, 2019)
LCIA European Users' Council Symposium — London Court of International Arbitration, Hampshire, United Kingdom (May 10-12, 2019)
Investor-State Arbitration in Crisis – The Arbitration Strikes Back? — Inter-Pacific Bar Association (IPBA) Conference held in Raffles City Convention Center, Singapore (April 25 - 27 , 2019)
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)
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)
Current Issues in International Investment Arbitration — ISDS Seminar 2016, Seoul (October 27, 2016)
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)
The future of international arbitration is not so 'bleak': a lesson from Charles Dickens (and Dechert) - New York (October 11, 2016)
Courts (including the SICC) - Role, Support, Annulment and Enforcement — SIArb Commercial Arbitration Symposium 2016, Singapore (September 21, 2016)
ICC Arbitration in Myanmar — Organized by: the International Court of Arbitration of the International Chamber of Commerce (ICC), Yangon, Myanmar (August 18-20, 2016)
Regional opportunities for commercial arbitration — NTBA Dili Conference, Timor Leste (July 14, 2016)
Managing the International Arbitration Process — QMUL/SMU/SIAC Arbitration Colloquium, (July 7, 2016)
Investor-state arbitration in Asia — 2nd Annual GAR Live Singapore, Singapore (May 26, 2016)
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)
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)
Improvements in the Indian judicial system and lessons learnt from the West — Magna Carta 800^th 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 4^th 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)
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)
From The Corporate Counsel's Perspective — SIAC Conference: India's Progressive Approach Toward International Arbitration – How Far Have We Come?, India (September 5, 2015)

Fellow, Singapore Institute of Arbitrators (SIArb)
Vice-Chair, Inter-Pacific Bar Association (IPBA) Dispute Resolution & Arbitration Committee
Fellow, Australian Centre for International Commercial Arbitration (ACICA); Practice and Procedure Board member
Member, Korean Commercial Arbitration Board (KCAB)
Member, Hong Kong International Arbitration Center (HKIAC)
Member, London Court of International Arbitration (LCIA) Users' Council
Member, Singapore International Arbitration Centre (SIAC) Users' Council and Panel of Arbitrators
Member, ICC Commission on Arbitration and ADR
Advisory Board Member, Institute for Transnational Arbitration

Office

Singapore

Dechert (Singapore) Pte. Ltd., One George Street, #16-03, Singapore, Singapore 049145

+65 6730 6983
+65 6730 6979

Services

International Arbitration

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)

Admission

England and Wales (with Higher Rights of Audience)
Australia

Languages

English
French