Mark Johnston KC

Biography

Mark Johnston KC has a commercial law practice with respect to large and complex court litigation and arbitral proceedings.      

Mark has acted as arbitrator in international arbitrations under various institutional rules and for ad-hoc arbitrations. He is on the panel of arbitrators for the Australian Centre for International Commercial Arbitration and on the list of arbitrators for the Hong Kong International Arbitration Centre.

Mark also has extensive arbitration experience as leading counsel, having appeared in many high-end arbitral proceedings concerning infrastructure, transportation and resource projects, and commercial disputes, in the Asia-Pacific region. This includes complex international arbitrations with respect to a blast furnace project in Indonesia, wind farm projects in Vietnam and Thailand, other renewable and battery projects in Australia and Asia, airport projects in Asia, hospital projects in Mongolia, gold mine projects in the Philippines, the Roy Hill Iron Ore Project, the Gorgon LNG Project, the Ichthys LNG Project, the QGC LNG Project, off-shore gas projects, the Tan Burrup Project, export ports and terminals, amongst other major commercial arbitrations. Mark has appeared as a leading counsel in commercial arbitrations in Singapore, London, Sydney, Melbourne, Brisbane and Perth, and he has worked as counsel on international arbitrations in Dubai, Spain and in the UK.

Many of the arbitrations in respect of which Mark has been retained or appointed have a direct connection to Asia, whether by location of the dispute, seat of the arbitration, the governing law, the parties and / or the legal representatives, including matters connected with China, Singapore, Malaysia, Thailand, Vietnam, Indonesia, the Philippines, Mongolia and PNG. Mark has appeared as leading counsel in numerous arbitrations where the governing law has been that of an Asian country. He is experienced in cases involving foreign law and interpreters, and where the parties, their representatives or the tribunal members have different cultural and legal backgrounds.    

Mark has also appeared in many commercial proceedings in courts including with respect to petroleum royalties, the BHP Mitsubishi Coal Project, the Abbot Point Export Terminal, the APLNG project, the GLNG Project, litigation with respect to petroleum permits and mining interests, rights and obligations under Texas Operating Agreements, the Wiggins Island Coal Terminal, the Carmichael Coal Project, gold and copper projects, wind farm and renewable energy projects, rail projects and with respect to various other large-scale energy and infrastructure projects, in addition to various proceedings for insurance claims and commercial claims with respect to property developments.   

Mark has appeared as counsel in royal commissions and statutory commissions of inquiry, including the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry, the Royal Commission into the Queensland floods, the Commission of Inquiry in relation to a Blackhawk helicopter crash and a statutory Commission of Inquiry. He has also acted as Counsel Assisting in a statutory Commission of Inquiry.      

Mark was awarded dux and the University Medal in Law for the Bachelor of Laws. He also holds a Masters in Law with distinction (Commercial Law) (ANU), a Masters in International Relations (Qld), a Bachelor of Arts (Management) (NSW) and a Diploma in Chinese (Mandarin). Mark was awarded the James Archibald Douglas Prize for the Bar advocacy course. He is a graduate of the Royal Military College (Duntroon), the Australian Defence Force Academy, and St Joseph’s College, Gregory Terrace.   

Before being called to the independent Bar, Mark worked as a lawyer for the Commonwealth Government and for a top-tier international law firm. He was appointed a Special Adviser to the United Nations in East Timor and received a United Nations’ Commendation for outstanding performance. Mark also had the unique opportunity to participate in an inaugural instructor exchange in China which saw him live and work in China. Mark has been awarded the Australian Active Service Medal and a United Nations Medal.   

Mark has been recognised by Chambers & Partners in the top ranking for international arbitration in the Asia-Pacific Region and as a leading senior counsel for arbitration by Doyle’s Guide.  In addition to being on various institutional lists as an arbitrator, he is the Representative of the Australian Bar Association on ACICA’s Professional Advisory Committee, the Chair of the International Committee of the Australian Bar Association, the Chair of the Commercial Arbitration Committee of the Queensland Bar Association, a member of ACICA’s legislative committee and a member of the ICC Singapore Arbitration Group.

Mark accepts retainers as an arbitrator, counsel for court and arbitral proceedings, an expert for expert determinations, as a referee and as a mediator.    

Mark Johnston KC also has permanent physical chambers in Singapore at Maxwell 42 – International Arbitration Chambers (see: www.maxwell42.com).