Mark Stefanini

Mark handles major disputes for clients in a variety of sectors, including the energy, mining, financial services, private equity, chemicals, technology, shipping and automotive sectors. Corporations enlist him to act in disputes involving complex issues of contractual interpretation, misrepresentation and the existence or scope of tortious duties.

Clients leverage his particular experience with shareholder and JV disputes, financing disputes, warranty claims, claims relating to MAC or force majeure and other post-acquisition disputes, supply chain disputes, outsourcing disputes, competition-related claims and breach of confidence claims. Oil and gas companies also turn to him for advice on disputes with regulators, the sale or purchase of assets, JOAs, farm-out arrangements and other commercial disputes.

Mark counsels senior management on cybersecurity risks and manages related litigation to mitigate the impact on businesses.

Companies rely on him to act in substantial trials in the Commercial Court and Chancery Division as well as before the Court of Appeal and Supreme Court. He also acts for clients before a wide range of arbitral institutions (including the ICC, SCC, LMAA and LCIA). Clients leverage Mark's commercial focus and his approach to using mediation and a range of other alternative dispute resolution techniques to provide them with results at the earliest opportunity.

• For a listed oil & gas company in relation to disputed exclusivity under a crude oil purchase agreement.
• For an oil company in relation to disputes under various crude handling and offtake agreements and related charterparties.

  Advised:

• A major shipping group on disputes arising out of the operation of its fleet of LNG carriers.
• The sellers of a windfarm in litigation arising out of alleged breach of warranties associated with the grid code.
• An oil & gas company on warranty claims arising out of an acquisition in South America.
• An oil & gas company in relation to a dispute with its former CEO and local partner.
• For a parastatal oil company in four related arbitrations (under LMAA rules) arising out of exploration and production activities offshore Brazil.

Commercial Litigation and Arbitration

Acted:

• For the Civil Aviation Authority in the Court of Appeal case that remains the leading English law authority on legal advice privilege, Civil Aviation Authority v R (on the application of Jet 2.com Limited) [2020 EWCA Civ 35].
• For a private equity firm in a sensitive dispute involving injunctive relief sought against a JV in connection with a high profile construction project.
• For a private equity firm and its portfolio company in Commercial Court proceedings concerning various post-acquisition claims relating to material contract warranties.
• For a leading multinational food and beverage company in an ICC arbitration relating to breaches of contract affecting outlets across the Middle East.
• For a global technology company in relation to claims for breach of warranty arising out of the purchase of a cybersecurity business.
• In an ICC arbitration relating to the design and launch of various satellites.
• For the majority shareholders in a consumer products business in successfully resisting attempts by minority shareholders to disrupt a sale process.
• For a sub-contractor on a multi-party professional negligence claim arising from the destruction of a major international retailer's UK distribution centre in a fire. 
• For BASF on the first competition law case heard before the Supreme Court, securing a landmark decision on limitation periods. BCL Old Co Ltd and others v BASF SE (formerly BASF AG) and others (No 2) [2012] UKSC 45.
• For Pensions scheme trustees in substantial High Court proceedings against former professional advisers.
• A major music company in high-profile royalty disputes with Pink Floyd and The Beatles.
• An Israeli telecommunications company in a claim against a global mobile telephone operator arising from termination of an IT outsourcing contract.

Advised:

• Ship owners in relation to dispute with Chinese shipyard involving several shipbuilding contracts. 
• Clients in a range of sectors including technology, financial services, private equity, energy and retail in relation to outsourcing disputes and associated litigation and arbitration.
• Clients in the food, automotive, chemicals, construction and retail sectors in relation to product safety/liability issues, including in relation to product recalls.

Cybersecurity/Incident Response

Advised:

• A global financial institution in relation to a data breach. Obtaining appropriate urgent injunctive relief against persons unknown responsible for the theft of data and implementing international process for compliance with notification and other obligations pursuant to GDPR and other relevant international standards.
• Private equity funds in relation to a cross-border cybersecurity incident affecting a global business.
• Senior management as they prepare for and respond to complex cyber incidents and supply chain attacks.

Financial Services

• Acted for Société Générale in the Court of Appeal, successfully reversing a first instance order providing for an inquiry as to damages arising out of the maintenance by Société Générale of freezing injunctions against various Goldas entities. Société Générale v Goldas Kuyumculuk Sanayi Ithalat Ihracat AS [2018] EWCA Civ 1093.

Advised:

• A Spanish real estate investment fund in litigation concerning breaches of loan documentation and the construction of a London hotel. The case remains one of the leading authorities in relation to the interpretation of material adverse change provisions. Grupo Hotelero Urvasco SA v Carey Value Added SL (2012) QBD (Comm) (Court of Appeal – 12 October 2012). Grupo Hotelero Urvasco SA v Carey Value Added SL [2013] EWHC 1039 (Comm). 
• A junior noteholder on claims arising from RMBS securitization of Portuguese residential mortgages Cinnamon European Structured Credit Master Fund v. Banco Commercial Portugues SA [2009] EWHC 3381 (Ch); [2010] All ER (D) 209; (2009) 160 NLJ 30; [2010] I.L.Pr. 11.