Mark Stiggelbout

Called: 2011

Practice Overview

Mark has a broad international commercial practice, with particular emphasis in shipping, commodities, aviation, insurance and energy disputes. He is recommended as a leading practitioner in both of the independent guides to the market - Chambers UK and the Legal 500.

Mark recently appeared for the successful respondents in The Bulk Indonesia [2016] EWHC 3798 Comm (an arbitration appeal under s.69 concerning the BIMCO Piracy Clause 2009) and for the  successful appellants in Bunge SA v. Nidera BV [2015] 3 All E.R. 1082 (a leading Supreme Court decision on the compensatory principle and the GAFTA Default Clause). Mark regularly acts as sole counsel in litigation and arbitration proceedings, which has included obtaining freezing injunctions against persons unknown and a Norwich Pharmacal order.

Mark has published articles in leading journals in the fields of contract, tort and the conflict of laws. These have been cited in leading practitioner texts, academic articles and student textbooks.

  • What the directories sayView More

    • ..."He is well ahead of his years; his drafting skills are amazing, he is very precise, clear and he is always there to step up if you are in trouble."...

      (Chambers UK, 2017)
    • ..."He provided comprehensive and compelling advice."...

      (Chambers UK, 2017)
    • ..."Concise and thorough in his approach"...

      (Legal 500, 2016)
  • Shipping & Maritime K View More

    Mark is a specialist in the field of dry shipping. He has been involved in litigation and arbitrations across the full spectrum of charterparty and bill of lading work, including off-hire, speed and performance, unsafe port, demurrage, cancellation, delivery/redelivery, repudiation, unseaworthiness and cargo claims (including allocations of liability under the Hague/Hague-Visby Rules and the Inter-Club Agreement 1996).

    Illustrative recent cases include:

    • Appeal to the Commercial Court under s.69 of the Arbitration Act 1996 (permission granted). Question of law concerns the extent to which damages for lost time can be awarded to a charterer outside the operation of an off-hire clause.
    • Commercial Court claim concerning detention of a vessel in Liberia. Issues include time charter trading limits and the scope of ‘restraint of princes’ exceptions (to damages and off-hire).
    • Linked LMAA arbitrations concerning alleged contamination of a cargo of soya bean oil with naphtha. Issues as to allocation of responsibility between owners, time and voyage charterers.
    • LMAA arbitration concerning the hijacking of a vessel by Somali pirates. Issues include the extent to which the March 2009 BIMCO Piracy Clause covers time lost after the relevant attack/seizure ends (e.g. time required for essential repairs).

    Wet Shipping

    Mark has represented parties, both led and unled, in numerous wet shipping and yacht matters.

    Illustrative recent cases include:

    • Multi-million pound collision/allision action arising out of damage to a superyacht.
    • Advising on a collision between a container ship and a vehicle carrier.
    • Collision claims arising out of yacht races.
  • Aviation & Travel K View More

    Mark regularly acts for many of the world’s major airlines and package tour operators. He has extensive experience of claims brought under the Montreal Convention (often concerning personal injury and damaged/delayed baggage) and under EC Regulation 261/2004 (concerning flight delays, cancellations and instances of denied boarding). He has extensive experience of litigating the Regulation 261 “extraordinary circumstances”  after Jet2.com Ltd v. Huzar [2014] 4 All E.R. 581, including successfully establishing the defence in cases concerning manufacturing defects, air traffic control decisions, bird strikes, crew sickness, and adverse weather conditions.

    Illustrative recent cases include:

    • Horstink & Snapper v. British Airways (19 February 2015). Represented B.A. in the case of a missed connection arising from delay caused by an air traffic control decision.
    • Marchbank-Smith & others v. Virgin Atlantic Airways Limited (31 March 2015). Represented V.A.A. in the trial of 14 combined claims arising from overnight delay caused by pilot sickness.
  • International Trade & Commodities K View More

    Mark has acted in a number of important and high value commodities disputes. 

    Illustrative recent cases include:

    Appearing for the successful appellants in the Supreme Court in Bunge SA v. Nidera BV [2015] 3 All E.R. 1082 (led by Simon Rainey QC), a leading case on the compensatory principle and the GAFTA Default Clause.

    Appeal to the Commercial Court under s.69 of the Arbitration Act 1996 worth US$13m, arising out of a series of related GAFTA awards. Issues include the correct measure of damages for non-delivery where the buyers' intention was to sell the goods on at below market rate.

  • Energy & Natural Resources K View More

    Mark has recently been instructed on a c.$500m construction dispute concerning delayed and over-budget oil facilities in the Middle East.

  • International Arbitration K View More

    Mark is regularly instructed in international arbitrations, leading to both 'documents only' and oral hearings. He is a specialist when it comes to drafting pleadings and closing submissions in LMAA arbitrations. He is also often instructed in relation to arbitration appeals in the courts.

    Illustrative recent cases include:

    • Appeal to the Commercial Court under s.69 of the Arbitration Act 1996 (permission granted). Question of law concerns the extent to which damages for lost time can be awarded to a charterer outside the operation of an off-hire clause.
    • Appeal to the Commercial Court under s.69 of the Arbitration Act 1996 worth US$13m, arising out of a series of related GAFTA awards. Issues include the correct measure of damages for non-delivery where the buyers' intention was to sell the goods on at below market rate.
    • Shipbuilding arbitration worth US$96m. Represented the buyers of two 13,000 TEU container vessels in their claim for refunds of purchase price instalments following missed delivery dates.
    • Shipbuilding arbitration worth US$37m. Represented the buyers of a 176,000 DWT bulk carrier in their claim for a refund of the purchase price following alleged repudiatory breaches as to the vessel’s condition.
  • Shipbuilding K View More

    Mark has been instructed in a number of high-value shipbuilding arbitrations.

    Illustrative recent cases include:

    • Shipbuilding arbitration worth US$96m. Represented the buyers of two 13,000 TEU container vessels in their claim for refunds of purchase price instalments following missed delivery dates.
    • Shipbuilding arbitration worth US$37m. Represented the buyers of a 176,000 DWT bulk carrier in their claim for a refund of the purchase price following alleged repudiatory breaches as to the vessel’s condition.

..."He is well ahead of his years; his drafting skills are amazing, he is very precise, clear and he is always there to step up if you are in trouble."...

(Chambers UK, 2017)

Academic


M.A. (Oxon.)
B.C.L. (Oxon.)
LL.M. (Harvard)
BPTC, BPP Law School (Outstanding).

Awards


Scholar, Corpus Christi College, Oxford (2006-08)
Michael and Judith Beloff Scholarship, Trinity College, Oxford (2008-09)
Arts and Humanities Research Council Professional Preparation Masters Award (2008-09)
Junior Award, Gray's Inn (2010-11)
Lee Essay Prize, Gray’s Inn – First Prize (2011).

Publications


In-House Experience


Gard A.S., Norway (Arendal & Oslo) – Defence team

Glencore, London – Compliance Team

Xchanging Claims Services, London – Energy Insurance team

Yulchon LLC, Seoul, South Korea - International Dispute Resolution team

Memberships


COMBAR
TECBAR

Interests


Music, sport and reading.

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