Mark Funk has more than 30 years of experience providing consulting services for companies, government entities, and legal counsel across a range of industries, including the mining, oil and gas, energy and power plants, metals, financial services, and industrial manufacturing and process industries. Mark’s experience includes breach of contract disputes, investment arbitration matters, regulatory proceedings, forensic accounting investigations, and insolvency matters. He has consulted on damages analyses involving complex contract disputes, valuations, lost profits analysis, investigations, and bankruptcies.
Mark has testified or submitted expert testimony primarily relating to damages, economics and financial issues in the following matters:
- Traxys Europe S.A. v. Khingan Resources Limited; Expropriation; LCIA Case No. 205003. Testified in a virtual hearing in September 2021 and filed an expert report on damages in July 2021 related to the expropriation of a tin mining operation in Russia. Work on this matter included valuation and lost profit assessments. (Engaged by respondent; parties from the United Kingdom and Hong Kong)
- State Development Corporation v. Ukraine; Expropriation; SCC. Filed expert report on damages in July 2021 (hearing scheduled in June 2022) related to the expropriation of bank investments. (Engaged by claimant; parties from Russia and Ukraine)
- Eoltec Energy, S.L. and Corporacion Montealto XXI, S.L. v. ContourGlobal Latam, S.A.; Breach of Contract; ICC. Filed expert report on damages in August 2017. Dispute involved the development and operation of a major wind farm project in Peru. Work on this matter included analysis of project financial returns and investments and analysis of the project developer’s financial capacity to fund the construction and operation of the project.
Consulting Engagement Experience
- Europe, Middle East, Asia (EMEA) Renewable Energy Arbitration; Expropriation; ICSID. Leading quantum damages analysis related to expropriation of solar energy projects in Turkey.
- Europe, Middle East, Asia (EMEA) Mining Arbitration; Expropriation; ICSID. Dispute involving gold mining exploration/development stage gold mining projects in Turkey. Led team in valuation analysis of investments.
- Asia Telecommunications Arbitration; Expropriation; ICSID. Dispute involving telecommunications project in Cambodia. Led team in investment and lost profits claim.
- North America Oil and Gas Arbitration; Expropriation; ICSID. Dispute involving a major oil pipeline project in the United States. Led team in valuation and lost profits analysis.
- Africa Power Plant Arbitration; Breach of Contract; UNCITRAL. Dispute involving electric power plant project in Ghana. Led team in valuation of power plant investments and lost profits analysis.
- Eastern Europe Mining Arbitration; Expropriation; PCA. Dispute involving lead and zinc mine. Led team in valuation of the mining business and lost profits analysis.
- Latin America Mining and Materials Distribution Arbitration; Expropriation; ICSID. Dispute involving a major limestone quarry in Mexico. Led team in valuation of mining operations and lost profits analysis.
- Asia Mining Arbitration; Expropriation; PCA. Dispute involving gold mine production operations and exploration properties in Thailand. Led team in valuation of mining operations and exploration investments and lost profits analysis.
- Europe Metals Processing Arbitration; Expropriation; ICSID. Dispute involving a major aluminum production facility in Ukraine. Led team in analysis of lost profits and valuation of investments.
- Latin America Mining Arbitration; Expropriation; ICSID. Dispute involving exploration/development stage gold mining project in Costa Rica. Led team in valuation analysis of project investments.
- Asia Mining Arbitration; Expropriation; PCA. Dispute involving major joint venture gold and copper mining project in Pakistan. Led team in complex financial modeling to assess valuation of investments related to the mine’s development.
- South America Pulp and Paper Arbitration; Breach of Contract; ICC. Dispute involving a paper and pulp business in Brazil. Led team in financial analysis related to the failed acquisition of a Brazilian pulp and paper business by an Asian conglomerate.
- South America Oil and Gas Arbitration; Expropriation. Dispute involving major global oil company’s oil and gas exploration and production assets in Bolivia. Led team in the valuation of Bolivian oil and gas facilities and properties.
- Retail and Consumer Products; Malpractice. Dispute involving major U.S. consumer product company’s import duties related to China manufacturing. Led team in financial analysis of excess duties costs and impact on lost profits.
- S. Financial Services; Breach of Contract. Dispute involving payday loans of major regional bank. Led team in financial analysis of damages related to alleged overcharging of payday loans.
- Acquisition and Divestiture Strategies. Managed analysis leading to strategy for leading oil and gas company’s acquisition and divestiture strategy of exploration and production properties and downstream processing facilities.
- Merger Integration. Co-led post-merger integration of operations for three of the top six oil industry mergers and acquisitions. Delivered merger synergy savings of hundreds of millions of dollars for clients.
- Growth Strategies. Developed and implemented strategic plans for major international oil company’s entry into new exploration and production projects and new ventures into alternative energy projects.
- Corporate Capital Planning. Led the analysis, planning, and prioritization of a multi-billion-dollar capital project expansion program for a global oil and gas production company.
- Major Capital Project Management. Led the planning and execution of a multi-billion-dollar joint-venture liquified natural gas (LNG) project in Western Canada. Project scope included gas production, gathering, pipeline, processing, and transportation to end customers in Japan. Managed and coordinated multiple stakeholders, including construction contractors, shippers, regulatory agencies, and landowners.
- Global Manufacturing Strategy. Led the planning and execution of global sourcing and manufacturing capacity planning of a worldwide portfolio of manufactured products for a leading medical products company.
- Operations Performance Improvement. Developed and implemented a global operational excellence initiative to help a major electric utility company achieve top-quintile industry performance in growth, operating efficiency, and returns on capital investment.
- Strategic Technology Development. Led the technology development strategy for a global oil and gas company to improve financial returns and speed to market for its deep-water oil exploration and production ventures.
- Retail Supply Chain Management. Led the transformation of supply management strategy for a leading retailer. Results dramatically improved profitability, inventory levels, and in-stock service performance.
Education & Professional Certifications
- MBA, The University of Chicago Booth School of Business, USA
- BS, Engineering, University of Illinois Urbana-Champaign, USA
- Professional Engineer (PE), Texas
- Member, National Society of Petroleum Engineers (NSPE)
- Member, Association for Supply Chain Management (ASCM)