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  • Simon Cheng

    Simon Cheng
    Managing Associate, Hong Kong

    Maritime, Commercial Disputes

    T. +852 2877 3221
    simoncheng@incegd.com

Simon focuses his practice on commercial, maritime, international trade and insurance related litigation and dispute resolution.

Simon has a wealth of experience in maritime, insurance, cargo and aviation claims and disputes involving shipbuilding, commodities sale and purchase, trading and commercial contracts, financing and letter of credit matters.

He has for many years been assisting and representing different Hong Kong and overseas-based clients, including leading vessel owners, charterers, container carriers and shipping lines, ship builders, insurers and underwriters, P&I Clubs, banks, commodities manufacturers and trading houses in a wide range of complex, multi-jurisdictional disputes.

Simon has substantial experience in handling, managing, supervising and advising on the conduct of Court litigation proceedings, arbitrations (both ad-hoc and institutional including HKIAC, SIAC, CIETAC, LCIA, LMAA, ICC and GAFTA) and mediations both in Hong Kong and abroad, including London, PRC, Australia, India, Singapore and the United States.

In addition, Simon also deals with general civil and criminal litigations, as well as corporate and commercial work, intellectual property and insurance regulatory related matters.

Highlight Matters

>  Represented two major Korean Banks in recovering a loan of over US$9.5 million which involves making emergency Mareva injunction application and multiple enforcement proceedings through the Hong Kong Court.

>  Represented a major PRC wood and timber trading company in a dispute involving the sale and purchase of rare rosewoods and other species of timber products with the PRC and Thai Governments. The transactions spread across 14 separate contracts with a total contract value in excess of US$300 million. The dispute involves three related ICC arbitrations and a Mareva injunction proceedings before the Hong Kong Court.

>  Represented a PRC government ministry and state-owned ship owner in defending a ship arrest claim made by a Malaysian engineering and construction company in respect of a dispute relating to the non-delivery of a large floating crane under a charterparty.

>  Represented a major Swiss multinational consumer-food and infant nutrition producer in their dispute arising under a field marketing agreement made with an international brand activation and field marketing company relating to the marketing and distribution of infant nutrition products in China, and also in the investigation of alleged sale and distribution of defective infant nutrition products in China through their agents and distributors in Taiwan and China.

>  Represented a major international insurer in their dispute arising under various product liability insurance policies, including applying for anti-suit injunction before the Hong Kong Court against proceedings commenced in the US.

>  Advised a UK insurance broker on the setting up of their insurance broking business in Hong Kong, including assisting in their application for insurance broker license in Hong Kong, applying for registration of trademarks and advising on insurance regulatory related issues.

Qualification

>  Certified Information Privacy Manager (CIPM) - International Association of Privacy Professionals

Professional Associations and Memberships

>  Law Society of Hong Kong

>  Law Society of England & Wales

Professional Appointments

>  Examiner for Head II Civil Procedure - Overseas Lawyer Qualification Examination (OLQE), Law Society of Hong Kong

>  PCLL Conversion Examination Reviewer – PCLL Conversion Examination Board, Hong Kong

>  Civil Celebrant Hong Kong

Membership/Appointment – Industrial Organisations

>  Vice Chairman - Institute of Seatransport, Hong Kong                                                                                   
>  Executive Committee Member - The Small and Medium Law Firms Association of Hong Kong              

>  Asia Advisory Board Member - International Association of Privacy Professionals               

>  Member - Marine Insurance Club, Hong Kong                                                                                                   
>  Member - Data Protection Officers’ Club, Office of the Privacy Commissioner for Personal Data, Hong Kong                                              

Publications

“Act” does not require “Fault” under Clause 8(d) of ICA 1996 -  Journal of the Institute of Seatransport Spring 2018 No.121 Issue 

当中国的国家战略遇上英国的保险法改革——探究2015年英国保险法对保证制度的变革 - won 3rd Prize at the All China Lawyers Association Maritime Law Conference & International Maritime Policy Forum Under “The Belt and Road”, 23-25 November 2017.

Expertise:
Maritime, Commercial Disputes

Education (University):
King’s College, London University

Languages:
English, Cantonese, Mandarin