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; and
  • Acting for trader in London Commercial Court litigation regarding non-performance by buyers of sale and purchase contracts: cUS$10m.
Recommendations
The Legal500 Asia Pacific Directory individually recommended Partner, Simon Cartwright. Simon is individually recognised by The Legal 500 Asia Pacific directory as a 'Recommended Lawyer' for Insurance, Transport, Rail, Road, Air and Sea.
Publications

Insights & Opinion / Simon Cartwright

Getting the Deal Through: Shipping
Getting the Deal Through works with many of the best lawyers and law firms in the world
10.10.2017 Posted in Maritime Law
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