Chambers & Partners / The Legal 500
Enka v Chubb: Supreme Court confirms the proper approach to determining the governing law of...09th Oct 2020
English court considers how Article 31(2) of Brussels I Recast operates where there is a...19th May 2020
7KBW team defend Chubb Group against anti-suit injunction: English Courts not the appropriate forum to...08th Jan 2020
Marcus joined 7KBW in 2005. He specialises in commercial litigation and arbitration and is recognised by the directories as a leading junior. Marcus won the “Junior of the Year” award for Shipping in the Legal 500 UK Awards 2018. He was also shortlisted for International Arbitration “Junior of the Year” in the 2019 Legal 500 UK awards, and for “Shipping Junior of the Year” at the Chambers Bar Awards 2016.
Recent notable cases include Enka Insaat vs Sanayi A.S. v. OOO Insurance Company Chubb  1 W.L.R. 4117 (S.C.) (arbitration agreements; described by The Lawyer as “a landmark judgment that is likely to become the leading authority in this area”), Generali Italia SpA v. Pelagic Fisheries Corp.  1 W.L.R. 4211 (conflict of laws); Clearlake Shipping Pte Ltd v. Xiang Da Marine Pte Ltd  1 All E.R. (Comm) 61 (anti-suit injunctions); The Cultural Foundation v. Beazley Furlonge Ltd  Lloyd’s Rep I.R. 12 (notification of insurance claims); Natwest Markets v. Stallion 8 Shipping Co.  2 Lloyd’s Rep. 601 (vessel arrests); and PST Energy 7 Shipping LLC v. O.W. Bunker Malta (the “Res Cogitans”)  A.C. 1034 (sale of goods; described by Lloyd’s List as “the most spectacular shipping legal imbroglio so far this century”).
Marcus’s practice covers all areas of commercial law, from general commercial disputes to specialist areas such as shipping, insurance, reinsurance, international arbitration and civil fraud. He has acted in a wide variety of cases of different types and sizes, both on his own and as a junior. Before being called to the Bar, Marcus practised as a solicitor with the City firm Lovells (now Hogan Lovells). He was involved in a broad range of general corporate and commercial disputes and also gained valuable experience of non-contentious work. As a result, he understands the requirements of solicitors and their clients particularly well.
Marcus is frequently involved in disputes in this area. Recent cases include:
Marcus practises in all areas of commercial law and regularly acts in general commercial disputes of all types and sizes. Examples include the following:
Much of Marcus’s work arises in this sector. Examples include:
Marcus has acted in a wide range of cases in this area.
The majority of Marcus’s work comprises disputes which are referred to arbitration and he therefore has considerable experience in this area. He was shortlisted for International Arbitration “Junior of the Year” in the 2019 Legal 500 UK awards, and has acted in many different forms of arbitration, from ad hoc arbitrations to arbitrations before the LMAA, under ARIAS Arbitration Rules, international arbitrations before the LCIA and ICC, in this country and overseas. Marcus also has considerable experience in both challenging and defending arbitral awards in the courts under ss.67, 68 and 69 of the Arbitration Act, of similar claims such as actions to enforce awards under s.66, and of claims to enforce arbitration agreements. Examples include:
Marcus is often instructed in cases involving parties from outside the jurisdiction which raise questions of foreign law or give rise to jurisdictional disputes. Amongst other cases, Marcus was instructed in Enka Insaat vs Sanayi A.S. v. OOO Insurance Company Chubb  1 W.L.R. 4117 (S.C.) (concerning the governing law of arbitration agreements and anti-suit injunctions to restrain foreign proceedings, described by The Lawyer as “a landmark judgment that is likely to become the leading authority in this area”). He was also instructed in the long-running jurisdictional battle between West Tankers and Allianz SpA concerning The Front Comor, and acted successfully for West Tankers (led by David Bailey QC) in both West Tankers Inc v Allianz SpA  Bus LR 1701 (CA) and West Tankers Inc v Allianz SpA  2 All ER 854 (Comm). Another recent example is, Clearlake Shipping Pte Ltd v. Xiang Da Marine Pte Ltd  1 All E.R. (Comm) 61, in which Marcus acted for charterers seeking to restrain proceedings in Singapore brought in breach of English jurisdiction agreements.
Other notable cases include Crescendo Maritime Co. v. Bank of Communications Co. Ltd  EWHC 3364 (Comm) (in which a bank commenced proceedings in China seeking to have English law bank guarantees declared void pursuant to Chinese tort law. The English court granted a permanent anti-suit injunction restraining the bank from pursuing proceedings in China); and ING Bank N.V. v Stena Bulk AB  EWHC 3346 (court refused to grant worldwide anti-suit injunction restraining the arrest of the defendants’ vessels).
Marcus is recommended as a leading junior in the fields of commercial litigation, international arbitration, commodities and shipping.
Peterhouse, Cambridge: MA in History, double first class (1997); Lovells, London: Solicitor (2001) Solicitor-Advocate (All Higher Courts) (2003).
Marcus is a member of COMBAR, the British Insurance Law Association, the Admiralty Bar Group and the Commercial Fraud Lawyers’ Association.
Member of Lloyd’s Arbitration Scheme Arbitrators Panel – Tiers 1 and 2
Enka v Chubb: Supreme Court confirms the proper approach to determining the governing law of an arbitration agreement
ENKA v Chubb: Supreme Court grants permission to appeal and a stay of execution
English court considers how Article 31(2) of Brussels I Recast operates where there is a dispute as to which of two courts, if either of them, has exclusive jurisdiction
7KBW team defend Chubb Group against anti-suit injunction: English Courts not the appropriate forum to determine whether Russian proceedings were brought in breach of London arbitration agreement
The Legal 500 Awards 2018 Winner