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.


Shipping

Aviation


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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 2022.
The Legal500 Asia Pacific 2022 Directory individually recommended Partner, Simon Cartwright as a 'Leading Individual' in the Transport (rail, road, air and sea) practice area.
The Legal500 Asia Pacific 2022 directory individually 'Recommended' Partner, Simon Cartwright in the Insurance practice area.
Simon is individually recommended by Doyle's as a "Preeminent" Transport lawyer - New Zealand, 2021.
Publications

Insights & Opinion / Simon Cartwright

Forestry reform impacts NZ log traders and advisors
Recently passed legislative updates impose new regulatory standards on forestry advisors and log traders – introducing new levels of professional compliance for a previously unregulated area of the forestry sector.
04.04.2022 Posted in Business Advice & Trade and Transport
2021 Maritime Arbitration Enforcement Series.
The Hesketh Henry Trade and Transport team are proud contributors of the SCMA (Singapore Chamber of Maritime Arbitration) 2021 Maritime Arbitration Enforcement Series.  Authors Simon Cartwright, Part...
20.12.2021 Posted in Trade and Transport
Can Covid-19 frustrate a contract?
Introduction  Covid-19 has had a significant impact on the transport sector, in particular the aviation industry. It has been common for parties affected by Covid-19 to assert that it amounts to a fo...
19.11.2021 Posted in Business Advice & COVID-19 & Trade and Transport
New LMAA rules introducing more flexibility
New rules for marine arbitrations in the London Arbitral Tribunal have been implemented recently: the LMAA Terms 2021, the LMAA Intermediate Claims Procedure 2021 and the LMAA Small Claims Procedure 2...
17.11.2021
Galtrade Ltd v BP Oil International Ltd – To Reject or Not Reject? Purchaser in Breach when Rejecting Off-Specification Fuel
The English Commercial Court in Galtrade Ltd v BP Oil International [2021] EWHC 1796 (Comm) has held that an oil trader who rejected off-specification cargo wrongfully repudiated the contract, as the specification requirement in the contract was an intermediate term and not a condition.
16.11.2021 Posted in Disputes & Trade and Transport
CMA CGM Libra – General Average Claim Defeated
English Supreme Court confirms defective passage planning made vessel unseaworthy – cargo interests not liable for GA contribution
16.11.2021 Posted in Disputes & Trade and Transport
Parliament to address Air Pollution from Ships, Finally!
Update: The Maritime Transport (MARPOL) Amendment Bill underwent its third reading on 9 November 2021.  Having successfully progressed through its third reading, it now awaits royal assent.  This sh...
11.11.2021 Posted in Climate Change & Trade and Transport
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