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Marcus M. Birch  Associate
London  +44.(0)20.7360.8233
Fax +44.(0)20.7648.9001
marcus.birch@klgates.com Add to Outlook Contacts


Areas of Practice Representative Experience Professional Background Professional/Civic Activities Education Languages

Areas of Practice

Marcus is an associate in the Litigation and Dispute Resolution practice group.  He has experience in many aspects of commercial dispute resolution, including litigation, arbitration and mediation.  He acts for a range of clients, from state bodies to listed companies, in a variety of business sectors, including manufacturing, construction, foodstuffs and financial services. 

Representative Experience
Litigation:
  • Acting for a freight-forwarding company in a High Court claim against a former employee for breach of contract and fiduciary duty
  • Acting for an individual defendant in a High Court claim brought by a former employer for breach of contract and fiduciary duty
  • Advising Laing O'Rourke as Part 20 Defendant in a High Court claim concerning a landmark residential development in London
  • Acting for the Financial Services Compensation Scheme in a High Court pension mis-selling claim against an independent financial adviser 
  • Acting for Eurotunnel in Commercial Court jurisdiction proceedings arising out of a dispute with insurers over coverage for losses caused by the September 2008 Channel Tunnel fire
  • Claims under Arbitration Act 1996 in support of arbitral proceedings, including Shashoua and others v Sharma [2009] UKHC 957 (Comm)

International Arbitration:

  • Acting for a multinational foodstuffs company in an ICC arbitration of a contract dispute with a customer
  • Acting for a South East Asian state investment body in an ICC arbitration of a contract dispute over a hotel development in a Middle Eastern country
  • Acting for a U.S. manufacturer of aircraft engine components in an ICC arbitration of a contract dispute with a customer
  • Acting for a French investment company in an ICC arbitration of a joint venture dispute with an Indian counterparty
  • Acting for an Australian manufacturer of industrial products in an LCIA arbitration of a contract dispute with a customer
  • Acting for German investors as Claimants in an ICSID arbitration against Costa Rica concerning a tourism development 

Other forms of dispute resolution:

  • Adjudication: advising an English infrastructure company on a contractual dispute with a main contractor in relation to an infrastructure upgrade project
  • Expert determination : advising a Spanish multinational company on a completion accounts dispute over the purchase of a Europe-wide plastics recycling business

General disputes advice:

  • Advising a Nominated Adviser to an AIM-listed company on a dispute with the company and its resignation as NOMAD
  • Advising a construction company in a joint venture dispute over share ownership and minority shareholders' rights
  • Advising the purchaser of a medical services provider business on a tax warranty and indemnity dispute with the seller of the business
  • Advice on the availability of investment treaty protections for a proposed investment in a Middle Eastern country

Professional Background

Marcus joined K&L Gates in 2007 having previously worked in the London and Hong Kong offices of another international law firm.  He qualified as a lawyer in 2003.

Professional/Civic Activities
  • Member, British Institute of International and Comparative Law
  • Member, Chartered Institute of Arbitrators
  • Member, LCIA Young International Arbitration Group
  • Member, London Solicitors' Litigation Association

Education
  • Legal Practice Course, Nottingham Law School (2001)
  • LL.M., College of Europe, Bruges (1999)
  • LL.B., University of Warwick (1997)
Languages
  • English
  • French
  • Spanish


PRACTICES & INDUSTRIES
Arbitration -- International and Domestic
Commercial Disputes
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