Fulbright & Jaworski L.L.P.
- Arbitration and ADR
- Construction
- Contract Law
- E-Commerce
- Energy
- Financial Services
- International
- International Litigation
- Joint Ventures
- Sports Law
- State Contracts
Mark is a partner in the Houston office, where he practices in the areas of complex commercial arbitrations, business litigation, and alternative dispute resolution (ADR). Mark has extensive experience with the international and domestic arbitration and litigation of banking, financial and securities transactions, including derivatives. He has also represented numerous clients in matters regarding international and domestic construction contracts, power purchase and sale agreements, energy contracts, joint ventures, and project finance and development agreements.
Mark is a co-head of the firm's International Department for all 16 locations and also co-head of the firm's Arbitration and ADR Practice Group. He is also a member of several firm committees.
Recent, significant arbitration and ADR activities include:
- Represented Canadian corporation against Venezuela in a UNCITRAL arbitration
- Arbitrator in BIT case involving investor and Asian country
- Represented investors in ICSID proceedings against various South American countries
- Represented Russian Energy company in numerous arbitrations and court proceedings
- Acted as sole arbitrator in ICDR international contract dispute between Australian and American parties
- Acted as arbitrator in an ICC international intellectual property dispute between Mexican and Spanish parties
- Acted as the sole arbitrator in AAA international arbitration dispute concerning a joint venture to develop Azerbaijan oil fields
- Acted as the sole arbitrator in international arbitration over a Mexican/American textile joint venture
- Represented Canadian oil company in ICC arbitration dispute concerning West African offshore oil fields
- Represented Brazilian energy company in ICC arbitration dispute over construction of power plant
- Chaired domestic and international tribunals, which heard disputes over the development of customized computer software
- Represented a multinational energy company in 3 UNCITRAL arbitrations against the El Salvadorian governmental energy agency regarding long-term electric power purchase agreements
- Represented United States clients in ICC arbitrations in connection with various Brazilian power purchase agreement disputes
- Represented a subcontractor in ICC arbitration against a U.S. company dealing with an Indonesian power project
- Represented a Chinese company in AAA arbitration against a Bangladesh company over the construction of a chemical plant in Bangladesh
- Represented various Canadian companies in different AAA international arbitrations against various U.S. companies over preferential rights affecting Canadian and American oil fields
- Acted as sole arbitrator in a multi-million dollar arbitration regarding a long-term petroleum derivatives contract with Venezuela
- Represented an energy service company in AAA arbitration in a dispute involving six interrelated multi-million dollar energy services and internet technology contracts
- Represented clients in ICC and ad hoc international arbitrations regarding construction of several related power projects on the Indian subcontinent
- Chaired an international tribunal hearing dispute between Australian and U.S. financial institutions
- Represented a U.S. client in a Stockholm arbitration over a semiconductor fabrication facility in Thailand
- Represented a client in both AAA and ICC arbitrations between U.S. and Mexican companies regarding the construction of a large industrial manufacturing facility and a series of energy supply contracts
- Represented a French company under an ad hoc arbitration agreement against a U.S. entity regarding long-term supply issues
- Chaired tribunal hearing complex financial disputes between a U.S.-based borrower and various international financial institutions
- Mediated a complex computer dispute between an Israeli and a U.S. company
- Represented a German company against a U.S. company in arbitration over specialty machinery for marine applications
Mark has arbitrated before many of the world's arbitral bodies and has been involved in numerous alternative dispute resolution procedures. He is frequently selected to serve as an arbitrator on domestic and international arbitration panels. In every year since 1998, he has chaired at least eight significant arbitration cases. His professional activities and memberships include:
- IBA Subcommittee on Rules - Member, 2009
- Executive Committee Member and Member of Board of Directors of the American Arbitration Association; Chairman of its International Advisory Committee
- International Bar Association (IBA) - Dispute Resolution Section, the IBA's largest and most active committee, former Vice Chairman
- The Global Arbitration Review - Advisory and Editorial Board Member
- Institute of Transnational Arbitration - former Co-Chair of the Annual Arbitration Workshop (the largest arbitration event in the U.S.), Advisory Director
- American Arbitration Association - elected to one of 12 Executive Committee Seats (2009); Panelist for International, Large Complex Claims, Commercial, and Commercial National Sports Resolution Panels
- London Court of International Arbitration (LCIA), London, England - North American User Counsel Vice President, Member of LCIA Company and former Member LCIA Arbitration Court
- Court of Arbitration for Sport (CAS), Lausanne, Switzerland
- Chartered Institute of Arbitrators, London, England - Fellow
- CPR Panel of Distinguished Neutrals - Arbitrator for International, Energy and Commercial Panels; and Advisory Board member
- Centre for Effective Dispute Resolution (CEDR), London, England - Accredited Mediator
- World Intellectual Property Organization (WIPO) Geneva, Switzerland - Panel Arbitrator and Mediator
- Arbitration Center of Mexico (CAM) - Panel Arbitrator
- USA Track and Field, under the jurisdiction of the United States National Olympic Committee - Panel Arbitrator
- Southern District of Texas - ADR Panel
- Center for Legal Responsibility of the South Texas College of Law - Planning Committee and Founding Member
- American Bar Association
- State Bar of Texas - Current Member; Former Committee Member of ADR Planning Committee
- College of the State Bar of Texas
- Houston Bar Association
- PLC Which Lawyer? Yearbook (2009), standout for Dispute Resolution and for Dispute Resolution: Arbitration
- Texas Super Lawyers (2009)
- Honored by the LatinLawyer for his role as lead counsel in the ICSID case of Duke Energy & Electroquil Partners & Electroquil v Ecuador (2009)
- Legal 500 U.S. Guide, Litigation: Energy and Litigation: International Arbitration (2009), "In arbitration Matters, He Is the Standard Agent Against Which Others Should Be Compared," Leading Lawyer (2008)
- Honored by the LatinLawyer for his role as lead counsel in the ICC case of UEG v Auracraia, considered to be the most important legal matter for 2007 in Latin America (2008)
- Chambers USA Guide (2008, 2009), nationally recognized for work in international arbitration and honored for international arbitration work in Texas
- Chambers Global's Best, International Arbitration (2009), "Exceptional Advocate"
- Chambers & Partners Latin America (2009), ranked among the top five lawyers for international arbitration
- Top 20 International Arbitration Experts, Practical Law Company (2008)
- Most Influential Lawyers in America, National Law Journal - one of 100 attorneys nationwide, and one of 4 in Texas, named to “have had a national impact in their legal fields and beyond over the last five years (2006)
- Who's Who Legal - (2009), "Leading Arbitrator"
- The International Who's Who of Commercial Arbitrators - (2009, 2010)
- "International Leader," International Arbitration, Chambers Global, as noted: “Clients extol accomplished arbitrator Mark Baker for his work in alternative dispute resolution . . .” “Mark Baker is revered as an ‘exemplary front lawyer for a case, a claim backed up by his role in the Yukos case. He has become ‘extremely well known in the community’ and is credited for much of the firm’s recent successes.” (2009)
- "Leading Individual," Energy Arbitration, Chambers USA, as noted: “a ‘practitioner of genuine distinction’ whether acting in the capacity of counsel or arbitrator. Admired for the ‘vigour with which he sustains a vibrant practice.’”
- Asked to advise the United States delegation to UNCITRAL on the United Nations’ revisions to both the Arbitration Rules and Model Arbitration Law (2006 - 2009)
- "One of the 500 Top Attorneys," LawDragon (2009)
- The Best Lawyers in America (2009, 2010)
- Global Counsel - Dispute Resolution Handbook - one of the "Highly Recommended" dispute resolution practitioners
- Guides to the World's Leading Experts in Commercial Arbitration
- American Lawyer's International Arbitration Elite
- Houston Bar Foundation - Fellow
- Texas Bar Foundation - Fellow
Selected Publications:
- Co-Author, "Enforcement of Foreign Arbitral Awards in Russia: Improving, But Still Uncertain," Oil, Gas & Energy Law Intelligence, Vol. 7- Issue 2, OGEL special issue on EU-Russia relations, May 2009
- Co-Author, "The Unequal Playing Field: Companies Subject to Section 1782 in International Arbitration," Benchmark Litigation, 2009
- "Due Process in Constitution of the Arbitral Tribunal," International Arbitration Day, Dubai, UAE, February 2009
- "The Challenges of Electronic Documents in International Arbitration," IBA Conference, Buenos Aires, Argentina, October 2008
- Co-Author of the ITA Workshop, Dallas, June 21, 2007
- Co-Author with Anibal Sabater, "Under-Privileged in the E.U.," Corporate Counsel, April 2005
- "A Cross-Comparison of Institutional Mediation Rules," Dispute Resolution Journal, July 2002
Mark is a frequent speaker at seminars and conventions across the United States and internationally.
Selected recent speaking engagements:
- "Disclosure: Different Approaches to the Same Issue," ICC UK's Annual Practitioners' Symposium, London, July 9, 2009
- "Hearing and Post-Hearing Activities," Juris Conferences' Fifth Annual Leading Arbitrators' Symposium on the Conduct of International Arbitration, Vienna, April 6, 2009
- "How Global is International Arbitration? The Current State Today and the Current Wisdom on Tomorrow," International Centre for Dispute Resolutions 7th Annual Miami International Arbitration Conference, Miami, Florida, March 13, 2009
- "Trends in Latin American Investor-State Disputes," Juris Conference in cooperation with the International Business Law Section of the HNBA, Miami, Florida, October 23-24, 2008
- "Disputes Amongst International Oil and Gas Companies," ICDR Oil and Gas Program, Rio de Janeiro, October 20-21, 2008
- "Arbitral Procedure: New Developments and Good Practice," IBA Annual Meeting, Buenos Aires, October 12-17, 2008
- "Saving Time and Costs in Arbitration," AAA Conference, Mexico City, September 10, 2008
- "Pre-arbitral Referee, Conservatory and Interim Measures," ICC/FIDIC Conference, Houston, Texas, June 2-3, 2008
- "Arbitrator's Pet Peeves with Counsel (and Vice Versa)," Young Arbitrators Forum, Houston, Texas, June 2, 2008
- "The Current State of International Arbitration and a Vision of the Future," ICC/AAA Conference, New York, January 31, 2008
- "Discovery in International Arbitration," New York, November 14, 2007
- "Preparing Arbitration Cases: How They Are Different from Litigation," Fulbright & Jaworski LLP Arbitration Conference, Minneapolis, April 2007
- "Trends in International Arbitration Around the World: The Middle East," Fulbright & Jaworski LLP Arbitration Conference, Minneapolis, April 2007
- "Petro-Nationalism: The Efforts of Countries Around the World to Recapture Their Energy Reserves," International Law Institute, San Antonio, March 2007
- "The International Arbitrator's Perspective," AAA Practicing Law Institute Conference, New York, March 2007
- "International Arbitration in the Current Economic Environment," Dubai Corporate Counsel event, Dubai, January 29, 2007
- "Latin America's Investment Treaty Claims Avalanche," ABA International Law Conference, Miami, November 2006
- "Energy Investments in the Middle East: Capitalizing on Opportunities in a Time of Change Seminar," Speaker, Fulbright & Jaworski L.L.P. International Seminar Series, London, England, May 2006
- "Yukos - a Strategic Arbitration," International Insolvency Institute, New York, New York, June 2005
- "Protecting Energy Assets," Canadian Corporate Counsel Association, Toronto, Canada April 2005
- "What Makes Arbitrating in Brazil Different," International Centre for Dispute Resolution Conference, Miami, Florida, January 27, 2005
- "Modernizing the Process: Dispute Resolution and Beyond," Modernizing the Process: Dispute Resolution and Beyond, a combined program sponsored by the British Institute of International and Comparative Law, The International Institute for Sustainable Development, and Chatam House, London, England, January 15, 2005
- "Denial of Justice in Local Courts," British Institute of International and Comparative Law, London, England, September 10, 2004
- "Ethical Dilemmas in Arbitration," COMBAR, Barcelona, Spain, June 4, 2004
1984 - J.D., with high honors, Duke University School of Law
1981 - B.A., summa cum laude, History, minor in Economics and Philosophy, Yale University
At Yale University, Mark was one of 12 Scholars of the House and a member of Phi Beta Kappa. While in law school at Duke University, he was an Elvin R. Latty Scholar and Articles editor. Before joining the firm, Mark was a law clerk to the Honorable John R. Brown, former Chief Judge for the Fifth Circuit Court of Appeals. Mark was admitted to practice law in Texas in 1984. He has practiced before the Fifth Circuit Court of Appeals in New Orleans, Louisiana; the Tenth Circuit Court of Appeals in Denver, Colorado; and the United States Supreme Court. He also appears regularly in various Texas state courts, including its Courts of Appeals, as well as in the federal courts, including the United States District Courts for the Southern, Northern, and Western Districts of Texas.
During his rare, but much appreciated, spare time, Mark enjoys activities with his family. He is an Eagle Scout and current Scout Leader for his two sons. He loves the outdoors, taking advantage of hunting and fishing seasons, and traveling with his family to wilderness areas around the world. Mark also plays the occasional game of tennis, is an avid wine collector and opera aficionado.
- Boy Scouts, Assistant Scout Leader and Den Leader for Pack 55 and Troop 55
- USA Track and Field and the American National Governing Body for Track & Field, Panel Arbitrator
- Yale Club
- Houston Grand Opera - Past Director (1987 - 1990)




vCard