Maritime Law Association of Singapore Tea Talk by Simon Rainey Q.C.

Organizer Name
Maritime Law Association of Singapore (MLAS)
Location
Maxwell Chambers, Singapore
Registration
Public event, registration required
Charge
MLAS Member: S$70.00
Supporting Organisation: S$85.00
Non-Member: S$100.00
Contact
Apple Chai
+65 6377 6617
applechai@epc.com.sg

Consequential loss clauses form an essential and integral part of almost all commercial contracts and also of standard form mutual contractual indemnity regimes. Despite the fact that they have long been in use, they are consistently the subject of litigation and recent cases demonstrate that the aspirations of their drafters are, more frequently than not, simply not achieved even if they have been ‘well’ drafted.

This talk took the issue on (from a recent talk given by Lionel Persey QC) to the next stage of the debate and considered and analysed the recent relevant case law on so-called ‘successful’ consequential loss clauses, including Kudos Catering v Manchester Central Convention Complex [2013] EWCA Civ 38; AB v CD [2014] EWCA Civ 229; Fujitsu Services v IBM United Kingdom [2014] EWHC 752 (TCC) and Transocean Drilling v Providence Resources [2014] EWHC 4260 (Comm).

It sought to identify what in fact such clauses were meant to (and can legitimately) achieve and aimed to set some straightforward, pragmatic guidelines for drafting these clauses, as well as advised clients on their practical use and scope of application once a claim arises. Simon presentedworked examples for discussion and comment.

About the Speaker
Simon Rainey Q.C. is one of the best-known and highly regarded practitioners at the UK Commercial Bar with a reputation for his intellect, advocacy skills,commercial pragmatism and commitment to client care. He was Counsel for the successful buyers in The Union Power.

He regularly handles substantial and high value commercial disputes arising out of widely differing commercial contracts and contexts, usually with an international aspect and often involving pre-emptive applications such as worldwide freezing orders and complex issues relating to jurisdiction, conflicts of law and enforcement as well as commercial fraud. Simon is also particularly well-known for his expertise in all aspects of shipping and maritime law with a particular focus on energy and oil/gas disputes at all levels of the industry from construction and production to joint ventures, production sharing agreements and all aspects of trading contracts, as well as liability issues arising from rig and offshore field casualties and cases at the cutting edge of energy technology involving wind farms, new generation oil rigs and LNG.

Simon has been recognised for many years by both Chambers & Partners (UK, Global & Asia) and the Legal 500 as a Leading Silk in the areas of “Commercial Dispute Resolution”, “International Arbitration”, “Energy and Natural Resources”, “Shipping/Commodities” and “Insurance””. The most recent editions note Simon as “one of those super silk guys who has the judges eating out of his hands”; “hard-working, diligent and rapier-like in cross-examination”; “…a ferociously intelligent, calm advocate who is imbued with great authority.. fast approaching super silk level,” , “he can go into bat confidently against anyone at the Commercial Bar”…”.

Simon also sits as a Deputy High Court Judge in the Commercial Court and as an International Arbitrator.

About the Organizer

The Maritime Law Association of Singapore (MLAS) is a member organization of the Comite Maritime International (CMI), a non-governmental international organization devoted to the same object of the unification of maritime law and is the only organization in Singapore entitled to attend the International Conferences of the CMI. It aims to promote the study and advancement of maritime law and its administration in Singapore, and to promote and consider with other associations proposals for the unification of maritime law and practice of different nations.

Featured Speakers

PhotoNamePositionCompany
Simon Rainey Q.C.Barrister/Queen's Counsel

Past Events

Inaugural MSC Maritime Digital Challenge Grand Finals Prize Presentation

Over 129 tertiary students across 35 teams took part in the inaugural MSC Maritime Digital Challenge that seeks to plug Singapore students with a passion for technology into the maritime industry.
Students from the Singapore Management University and Nanyang Polytechnic were announced as winners of the challenges posed by Eastport Maritime, Kanda and Torvald Klaveness at the Prize Presentation held on 13 November 2021.

MSC Maritime Digital Challenge 2021

Three challenge statements, 35 teams, 129 students and 12 finalist teams from 4 universities & 3 polytechnics. Catch behind-the-scene highlights of the MSC Maritime Digital Challenge 2021.

Singapore Maritime Foundation | MSC Maritime Digital Challenge 2021

Catch highlights of the MSC Maritime Digital Challenge 2021. We thank Senior Minister of State, Ministry of Transport Mr. Chee Hong Tat for being our Guest-of-Honour at the event.

SMF New Year Conversations 2022: Year-in-Perspective Video

The past two years of learning to live with Covid-19 has been challenging, but Maritime Singapore has remained resilient. What are the fundamental tenets that attract companies to anchor their business in Singapore and grow their operations here? And what more can be done to leverage on Singapore’s strengths to enhance its attractiveness as a global business hub for maritime companies? How will the Singapore Maritime Foundation organize its work around Connectivity, Innovation and Talent to strengthen the maritime ecosystem? Find out in this Year-in-Perspective video.

SMF New Year Conversations 2022: Opportunities Amid Disruptions

The 2022 SMF New Year Conversations that took place on 13 January 2022 was graced by Guest-of-Honour Mr S Iswaran, Minister for Transport & Minister-in-charge of Trade Relations. Over 250 industry leaders across the breadth of maritime attended physically and virtually.
Singapore was announced to have secured the overall top spot as an international maritime centre for the fifth consecutive time in the DNV-Menon Leading Maritime Cities 2022 report.
Thank you to our industry partners for your strong support.

Mr. Lars Kastrup

CO-PRESIDENT & EXECUTIVE DIRECTOR, PACIFIC INTERNATIONAL LINES

Mr. Lars Kastrup is the Co-President and Executive Director of Pacific International Lines (Pte) Ltd (PIL).
Prior to joining PIL, Mr. Kastrup was CEO of NOL/APL, and subsequently assumed the role of Executive Vice President, Strategy and M&A at CMA CGM Group. A veteran in the global shipping industry with over 30 years of experience, Mr Kastrup’s other roles include Executive Vice President of Assets at CMA CGM Group heading up CMA Terminals, CMA Ships, Container Logistics as well as regional carriers such as MacAndrews, OPDR and Mercosul; as well as Vice President at AP Moller-Maersk.
Mr. Kastrup complemented his tertiary education with leadership and management training at Penn State University and The Wharton School at the University of Pennsylvania.

Ms. Angeline Teo

MANAGING DIRECTOR & HEAD, GLOBAL TRANSPORTATION & OFFSHORE, OCBC BANK

Ms. Angeline Teo is the Managing Director and Head of Global Transportation and Offshore, Global Corporate Banking at OCBC Bank which focuses on the maritime, aviation, land & port ecosystems.
Ms. Teo has spent over three decades in maritime finance. Prior to OCBC, Ms. Teo was working at ING Bank, ABN Amro and DnB in Singapore focusing on maritime and offshore.
Ms. Teo graduated from the National University of Singapore with a degree in Business Administration.

Mr. John Martin

CHIEF EXECUTIVE OFFICER, GARD SINGAPORE

Mr. John Martin began his career in London in 1989 with Richards Hogg Lindley Average Adjusters, and qualified as a Fellow of the UK Association of Average Adjusters in 2000.
At RHL he worked in their offices in Australia, Taiwan and Hong Kong. In 2003 he joined Gard Hong Kong, as a claims handler. Mr. Martin also worked in Gard Japan, and in 2014 he moved to Singapore to set up the Gard Singapore office.
Besides running Gard Singapore, Mr. Martin also heads the P&I and H&M claims units and is the Senior Claims Representative for Gard in Asia.

Mr. Cyril Ducau

CHIEF EXECUTIVE OFFICER, EASTERN PACIFIC SHIPPING

Mr. Cyril Ducau is the Chief Executive Officer of Eastern Pacific Shipping Pte Ltd, a leading shipping company headquartered in Singapore for the past 30 years.

He is also currently the Chairman of Kenon Holdings Ltd and a member of the board of directors of Gard P&I (Bermuda) Ltd. and of the Global Centre for Maritime Decarbonisation Limited, which was established by the Maritime and Port Authority of Singapore. He was previously Head of Business Development of Quantum Pacific Advisory Limited in London from 2008 to 2012 and acted as Director and Chairman of Pacific Drilling SA between 2011 and 2018.
Prior to joining Quantum Pacific Advisory Limited, Mr. Ducau was Vice President in the Investment Banking Division of Morgan Stanley & Co. International Ltd. in London between 2000 and 2008.
Mr. Ducau graduated from ESCP Europe Business School (Paris, Oxford, Berlin) and holds a Master of Science in business administration and a Diplom Kaufmann.