Partner

Simon Cartwright

BA / LLB
Profile
Simon Cartwright is a Partner in the Disputes Team.

Simon is a transport and trade law specialist, with particular expertise in shipping, marine insurance, logistics, commodities trading, trade finance and international debt recovery. He acts for shipowners, operators, exporters and importers, logistics companies, ship agents, brokers, port operators, P & I Clubs, marine underwriters and commodities traders.

Simon is qualified in New Zealand and England and holds practising certificates for both jurisdictions. He re-joined Hesketh Henry in 2017, after spending 6 years in London and 10 years in Dubai.

He was previously a partner in the international law firm Holman Fenwick Willan, leading its shipping and commodities practice in the Middle East. He was rated in band 1 and as a leading individual in shipping in both the Chambers and Partners and Legal 500 legal directories and was recommended by Who’s Who Legal for commercial litigation and trade.

Simon regularly assists clients with commercial issues arising from domestic and international trade. He advises on, drafts and assists with the negotiation of bill of lading terms, charterparties / charterparty clauses, commercial shipping / logistics contracts, ship build contracts, trade finance instruments, and contracts for the sale and purchase of goods.

He has extensive maritime law experience, handling both dry and wet shipping matters, including charterparty disputes, carriage of goods claims, ship build / ship repair disputes, collisions, groundings, and claims arising from damage to hull and machinery, as well as non-contentions matters such as the sale and purchase of vessels.

His trade and commodities experience includes coal, metals (iron ore and steel), oil / petroleum products, fertilisers, cement, soft commodities (grain, rice, sugar) and agricultural products. He has handled disputes in various international arbitral forums including LCIA, ICC, and trade forums such as GAFTA.

Simon has global litigation experience, regularly handling disputes in international arbitration and the English High Courts, as well as managing claims in Europe, Asia, the Middle East, Africa and the Americas.

He has a particular interest in insolvency and company law, having co-authored the Butterworth’s Student Companion on Company Law.

He regularly speaks on shipping and trade related legal issues, including lecturing on bills of lading and charterparties for BIMCO and on contractual issues in commodities contracts at international metals, sugar and grain conferences.


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Experience

Examples of work completed by Simon include:

  • Drafting sale and purchase contracts for various commodities and advising on terms in sale and purchase contracts.
  • Drafting and advising on shipping contracts (including bills of lading and charter parties, etc).
  • Advising on trade finance issues (including disputes in relation to letters of credit).
  • Advising on bio-security issues in relation to the importation of goods into New Zealand.
  • Advising the international distributors of medical products in connection with the non-performance of a long term distribution agreement and breach of IP rights, including injunction proceedings in the NZ High Court.
  • Advising iron ore pellet producers in a dispute with a global commodities trader in international arbitration, advising on a price adjustment clause in a long term supply agreement, the non performance of the agreement and related shipping contracts: cUS$20m pa.
  • Acting for a multi-national trading company on the recovery of cUS$30m due under sale and purchase contracts, advising on global recovery options and managing interlocutory proceedings in multiple jurisdictions.
  • Acting for trader in London Commercial Court litigation regarding non-performance by buyers of sale and purchase contracts: cUS$10m.
Recommendations
Top Ranked by Chambers and Partners in their Legal Directory for 2021.
The Legal500 Asia Pacific 2021 Directory individually recommended Partner, Simon Cartwright as a 'Leading Individual' in the Transport (rail, road, air and sea) practice area.
Individually recommended by The Doyle's Guide Directory Simon is individually recommended by Doyle's as a "Preeminent" Transport lawyer - New Zealand, 2020.
Publications

Insights & Opinion / Simon Cartwright

Civil Aviation Bill introduced to Parliament
After five years of preparation, the Civil Aviation Bill has been introduced to Parliament.  The aviation industry has seen dramatic change in the three decades since the current Civil Aviation Act w...
30.09.2021 Posted in Aviation
Formation of Contract: Black Sea Commodities Ltd v Lermarc Agromond Pte Ltd
The English High Court decision in Black Sea Commodities Ltd v Lermarc Agromond Pte Ltd [2021] EWHC 287 highlights the importance of parties to commodities contracts expressly including an arbitration clause in the contract. This is particularly when the contract is formed by email or instant messaging negotiations.
20.09.2021 Posted in Litigation & Dispute Resolution
When Contracts Contradict: Septo Trading Inc v Tintrade Ltd
Contracts in international trade are often formed by a combination of emails recording expressly agreed terms, but with a reference to standard terms and conditions being incorporated.
All about the evidence: Recent Supreme Court decision confirms extrinsic evidence rules and implication of contractual terms
The Supreme Court’s recent decision in Bathurst Resources Ltd v L & M Coal Holdings Ltd provides important guidance on the approach to the use and admissibility of extrinsic evidence for contractual interpretation and the test for implication of contractual terms.
02.09.2021 Posted in Business Advice & Regulatory
Maritime New Zealand v Genera Limited:  Health & Safety Prosecution in International Waters
In the first case of its kind, Genera Limited has been convicted of an offence under the Health and Safety at Work Act 2015 (HSWA) in relation to an incident that occurred in international waters. The...
18.08.2021 Posted in Health & Safety & Maritime
The Shipping Law Review 2021 8th Edition
The Hesketh Henry marine team pen the New Zealand chapter of The Shipping Law Review.
02.07.2021 Posted in Maritime
Unwanted Land Covenants and Easements: Seeking a Court Order
The Supreme Court recently considered an application by Synlait Milk to modify a land covenant restricting the burdened land use to farming, grazing and forestry operation to protect the ability of the benefited land owner to develop a quarry.  This article looks at the circumstances in which the courts might give relief to parties in an application to extinguish or modify a covenant or easement.
15.03.2021 Posted in Property
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