Simon Rainey QC

Simon Rainey’s commercial litigation work has developed with his expansion into this field from shipping and commodities, where he is an acknowledged market leader. He now handles a significant number of major complex legal and factual cases on widely differing aspects of commercial and international and contractual disputes.

International Finance Corporation (World Bank) v Chevron Nigeria Limited: dispute concerning the recognition of an equitable lien in favour of a purchaser of a drilling rig capable of defeating an otherwise secured creditor relating to US$30M claim; application in English law of High Court of Australia landmark decision in Hewett v Court.

Multiplex Constructions (UK) Limited v Cleveland Bridge UK Limited and Cleveland Bridge Dorman Long Engineering Limited. Various applications and aspects of the disputes between Multiplex and the Wembley Consortium relating to the building of Wembley, representing Multiplex.

British Energy and Power v Credit Suisse and Ampere Ltd. Advising Ampere Ltd and Credit Suisse following decision in same case [2007] EWHC 1428 (Langley J.)

European Credit Management v Rumsey  - representing ECM in major shareholders dispute relating to control of multi-billion investment management company

P&O v Arab Metals (The UB Tiger): representing P&O re disposal of nuclear waste and consequential liabilities to Scottish Executive; [2005] 1 WLR 3773: Practice - Whether six-year limitation period for actions founded on contract applicable by analogy to new claim for specific performance -  Limitation Act 1980, sections 5 and 36(1)(b).

P&O v Arab Metals (The UB Tiger) No 2:  LMLN (2006) 705 LMLN 1 and (2006) 707 LMLN 1: Practice – Limitation – Specific performance.

Shipping and commodities represents the core of Simon Rainey’s practice and he has been an acknowledged front runner in both for well over a decade.

Dry shipping

One of the leading silks at the shipping bar, specialising in all aspects of dry shipping and charterparty disputes, with particular emphasis in recent years on complex cases involving all of the main large casualties arising out of dangerous cargo incidents, representing variously owners and charterers, and safe port disputes as well as appeals to the Commercial Court, Court of Appeal and House of Lords on the major dry shipping cases raising major points of principle. He is consistently singled out, and has been over many years, in both Legal 500 and Chambers as one of the leading practitioners in shipping, being ranked in the first division of shipping silks, and noted for his considerable legal abilities as well as his litigation and cross-examination skills. He was rated as “top of the class” in Legal Week’s review of the shipping bar in 2006 and continues in ‘division one’.

Arbitrations (selection)
The Mineral Libin (time charterers)
The Hanjin Pennsylvania (slot charterers)
The Ocean Victory (time charterers)
The MSC Napoli (combined cargo interests in the GLO action)
The Ythan (shippers)
The Aconcagua (time charterers/ carriers under bills of lading): see e.g
The Hyundai Fortune  (Owners)
Pride of America (Owners)
Kure (time charterers)
The Contship France (time charterers)
The CMA Djakarta

Cases
Serena Navigation v Dera Establishment (The “Limnos”) [2008] 2 Ll. Rep. 166: the first reported case on the meaning of the shipowner’s limit for cargo damage under Article IV, Rule 5(a) of the Hague-Visby Rules: has provoked much published debate; settled before Court of Appeal 2009.
“Aconcagua” (CSAV v Hamburg Schiffahrtsgesellschaft) [2006] 2 Ll. Rep 6 , Commercial Court appeal from on Art IV Rule 2a of the Hague Rules and the application of the “Imvros”.
The "Jordan II"(Jindal Iron and Steel Co Ltd and Others v Islamic Solidarity Shipping Company) [2005] 1 Lloyd’s Rep 57 (House of Lords); [2003] 2 Lloyd's Rep 87 (Court of Appeal and First Instance) The three Courts reviewed various aspects of the law on cargo claims, including the construction of “FIOST” clauses in Charterparties and Bill of Lading Contracts, and the extent to which the Hague Convention abrogates freedom of contract.
MacWilliam v Mediterranean Shipping Company (“The “Rafaela S”) [2005] 2 AC 423 (HL) the leading case on the status of ‘straight’ bills of lading made out to a named consignee without the addition of the words ‘to order.’ or the purposes of the Hague-Visby Rules.

Commodities

Simon Rainey is an established and highly regarded practitioner in commodity work, and his practice covers all aspects of international trade and commodities, including oil trading. He is particularly known for his expertise in sugar trades and sugar futures. In 2008-2009, in relation to commodities, he has concentrated on a number of major matters including what has been one of the biggest disputes to come before the Refined Sugar Association. “Simon Rainey QC is considered by solicitors to be ‘a real player’, and is particularly strong on sugar and derivative biofuels.” (Legal 500, 2009).

RSA arbitrations (2008-2009)

Represented major sugar trading house in:

Sugar quality dispute complex factual issues as to shipment quality and the application of The Naxos decision on RSA Rule 7.

Two disputes arising out of the biggest ever physical delivery of sugar from the futures market in May 2007. Complex issues of law concerning interpretation of Liffe

No. 5 Sugar Contract. One of the most talked about cases in the sugar trade.

Advising in relation to appeal acting for a trading house in opposing a section 68 arbitration application (for alleged bias) following an award of the Technical Appeal Committee of the International Cotton Association.

Building on his expertise in shipping and commodities trading, he has worked on fuel oil trading, pricing and quality disputes relating to the long term supply contracts and energy futures, and has been involved in numerous multimillion dollar ICC and LCIA arbitration claims acting for offshore service providers, in relation to oil and gas drilling and exploration projects worldwide and complex shipbuilding disputes.

2008-2009 Advising contractor in contract dispute relating to construction and installation of the wind farm at Robin Rigg, involving complex engineering and sub-sea foundation issues.

2008-2009 Major drilling dispute between major companies arising out of alleged poor condition of drilling rig and interruption of oilfield production from Ivory Coast oilfields.

2007-2008 Dispute between a leading international energy company and a refinery arbitrated under the LCIA Rules. Complicated contractual issues relating to loss of refinery production and standard crude oil contract exclusion clauses.

2007 – 2009 Representing offshore service providers in relation to LCIA arbitration claim by oilfield contractors arising out of trenching and pipeline laying operations for Petrobras in its Manati e Golfino oilfield project US$ 70M.

Reported (in relation to an unsuccessful application by opponents to challenge preliminary award) as S.E.A. Servizi Ecologici Affosamenti SRL v Mulicieros Servicios Lda [2007] EWHC 2639 (Comm).

2008-2009 Representing offshore service providers in relation to LCIA arbitration claim by oilfield contractors arising out of construction of well-head in South Akcakoca Turkish Black Sea field of Madison Oil/Turkish Petroleum.

2008-2009 advsing in relation to the Korle Lagoon project, West Africa.

Cases

Seadrill v Gazprom [2008-2009: current]. Representing Gazprom Commercial Court action concerning interruption and losses under an oil production sharing contract. Contractual issues concerning standard production sharing contracts and the International Daywork drilling contract issues of foreseeability and remoteness

S.E.A. Servizi Ecologici Affosamenti SRL v Mulicieros Servicios Lda [2007] EWHC 2639 (Comm).

Sabah Shipyards v Islamic Republic of Pakistan [2007-2008]

Ravennavi SpA v New Century Shipbuilding Company Ltd – Court of Appeal  – 7 February 2007. [2007] 712 LMLN 1. Representing shipbuilders. Contract – Option agreement entitling buyers to acquire two additional tankers on terms of earlier shipbuilding contract containing “entire agreement” clause – Clause 4(ii) of option agreement entitling buyers to earlier delivery in certain circumstances – Buyers exercising option – Buyers contending sellers in breach of clause 4(ii) – Whether clause 4(ii) survived exercise of option.

Covington Marine Corp v Xiamen Shipbuilding [2006] 1 Ll Rep 745: LCIA US$ 80 M multi vessel shipbuilding dispute. Represented Buyers in arbitration and on successful appeal to Commercial  Court. Arbitration– Shipbuilding – Claims by buyers for repudiation of contracts by builders – Builders denying that binding contracts entered into – Arbitrators ruling that contracts automatically rescinded by reason of conditions not being met – Buyers’ claim dismissed – Appeal under Arbitration Act 1996, section 69 – Whether arbitrators correct.

Appears frequently as advocate in arbitrations under the rules of the International Chamber of Commerce; the London Court of International Arbitration and the London Maritime Arbitrators Association in relation to all manner of trading and financial disputes.

Regularly appointed as arbitrator by the International Chamber of Commerce, and the London Court of International Arbitration and under wide variety of ad hoc appointments.

Numerous international arbitrations details of which are confidential. Subject matter examples are available on request but e.g.

Currently representing a charter airline in a £50 million+ LCIA arbitration claim against a major airline in relation to licensing and franchising arrangements Fiduciary duties of airline as franchisee and duty of franchisee as quasi-agent to account for secret profits.

LCIA arbitration ethanol supply contract dispute representing leading commodity company in first major arbitration arising out of Brazilian supply of off-products and ethanol fuel from sugar production

LCIA arbitration US$ 30 million dispute involving interruption of refinery production at Indian refinery. Representing major international energy corporation (current)

ICC arbitration concerning drilling of Moroccan offshore oil wells between European drilling company and Moroccan state body

ICC: space satellite reinsurance US$ 200 million member of three arbitrator panel; arbitration conducted in Paris in French.

ICC: energy dispute involving Mozambique state oil company US$10 million; chairman of three arbitrator panel.

LCIA: reinsurance treaty arbitrations; two as sole ; one as member of three arbitrators

ICC arbitration, chairman of tribunal in energy dispute between major energy exporter and third world government.

Simon has a depth of experience across most of the industry sectors, with particular expertise in complex treaty disputes dating back to the long running SAIL v Farex/ Farex v St Paul saga and major marine and non-marine claims.

He has made a particular study of aggregation provisions both as advocate and arbitrator, grappling with difficult problems such as civil disorder in multiple incidents (advising in Mann v Lexington) and similar issues in the operation of war perils (representing insurers in Kuwait Airways v Kuwait Insurance Co).

The Mercandian Continent [2001] 2 Lloyd’s Rep. 563 (CA) – post contractual duty of utmost good faith; Simon was instructed as leading counsel for the successful claimants.

Taking up most of 2003 and into 2004 with the appeal (settled Aug 2004) was the mammoth Glencore v Alpina litigation [2004] 1 Lloyd’s Rep. 111 – Commercial Court (claim for US240 million; misrepresentation; non-disclosure; fraudulent claims; coverage matters).

Chris O' Kane (Syndicate 2020) v. Jonathan Jones (Syndicate 329) and others (The 'Martin P') [2004] 1 Lloyd's Rep.389 – The leading case on double insurance; also considers insurable interest, authority of agents, contribution, avoidance, mistake (leading Guy Blackwood)

Sitting as arbitrator in 2005-2006 in US$ 50 million satellite insurance dispute (ICC Paris) where the principal issues turned on the date of loss and number of losses

Sitting as arbitrator in a number of treaty disputes, including run-off disputes concerning the Romanian state insurer Adas, now Astra.

During 2007 - 2008, advised the London market on liabilities arising from the Harvest petrol contamination.

During 2007 – 2008 advised the London market in relation to loss of a large volume of crude oil at a state-owned refinery.

2008 Advised HM Treasury in relation to terrorist disaster insurance and Pool Re retrocession agreement.

During 2008 – 2009 advised and represented the London Market in relation to the loss of the mega dredger “WD Fairway”, one of the largest hull losses on record (see e.g.  Dornoch Ltd v Westminster International BV [2009] EWHC 201 (Adm.)) ,handing over to Iain Milligan QC due to trial commitments).

He has also been involved in various confidential reinsurance arbitrations as an advocate, in matters ranging from political risks and financial reinsurance to more traditional X/L, quota share, surplus and facultative reinsurance disputes.

Simon Rainey has been instructed in many disputes which fall within the Admiralty jurisdiction of the High Court. His practice today concentrates particularly on collisions at sea, problems arising under towage and offshore contracts (on which he is the author of the acknowledged leading text “Tug and Tow” (LLP 1996; 2006), third edition currently in preparation), claims arising out of oil pollution incidents and investigations into the competence of seafarers and pilotage matters.

(a) Collision:
The “Vicky I” [2008] 2 Ll. Rep. 45 (considering damages rules in collision cases);
“Kaminesan”/“Hyundai 105” (collision Singapore Strait leading to loss of the H105, current).
The “Forest Pioneer”[2007]
“Nordsun”/”Katie” [2007-2008]
“Tricolor”/”Kariba”: giving evidence to US Court on English collision law in the US collision action relating to the English Channel casualty
“Marchioness”/”Bowbelle”: represented the Bowbelle from the initial collision to the Inquiry.

(b) Towage:
numerous advices and arbitrations under the Towcon, Towhire and Supplytime forms, e.g. S.E.A. Servizi Ecologici Affosamenti SRL v Mulicieros Servicios Lda [2007] EWHC 2639 (Comm).
2008-2009 advising and representing owners of “Red Jasmine” in towage casualty with “Flying Phantom”.
Two seismic streamer collision matters 2007-2008

(c) Pollution:
The “Jambo”  representing and advising Maritime and Coastguard Agency in pollution incident in English Channel.
The “Ievoli Sun” representing and advising Maritime and Coastguard Agency in pollution incident in English Channel.
The “Sea Empress” represented the International Oil Pollution Fund in its action against Milford Haven Harbour Authority arising out of the “Sea Empress” casualty.

(e) Seafarers:
has prosecuted on behalf of the MCA, e.g. REF.

(f) Pilotage:
advised and represented Associated British Ports in its restructuring of pilotage on the River Humber and in its long-running dispute with the Humber Pilots and defence of their various claims including that for misfeasance in public office (recently settled in 2008).

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