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  • Simon Hems

    Simon Hems
    Head of Energy & Infrastructure, Partner, London (Aldgate Tower)

    Energy & Infrastructure, Commercial Disputes

    T. +44 (0) 20 7481 0010
    M. +44 7833 489409
    simonhems@incegdlaw.com

Simon is a specialist disputes lawyer and partner in the firm’s Energy & Infrastructure Practice. He joined the firm in 1999 and became a partner in 2009.

Simon handles matters that typically involve advising and representing major contractors and service companies in the oil and gas industry in litigation, international arbitration and all forms of alternative dispute resolution. The subject matter of those disputes typically ranges from engineering and construction disputes, offshore casualties, London market and P&I insurance matters and disputes under charterparties for the provision of offshore services. In that context Simon has handled a wide range of claims within the oil and gas sphere, including general contract, tort, maritime law, corporate law, banking law, fraud, personal injury and death claims, insurance and pollution issues.

He has conducted litigation at all levels of the English court system and many international arbitrations.

These have included London-based arbitration under the rules of the International Chamber of Commerce (ICC), the London Court of Arbitration (LCIA), the United Nations Commission on International Trade Law (UNCITRAL) and London Maritime Arbitrators Association (LMAA). Simon has also handled/consulted on arbitration and other forms of dispute resolution in numerous other jurisdictions, including North America, Latin America, Europe, CIS and West Africa.

‘a great strategist’  Legal 500 2012

Clients

Primarily oil and gas service companies and contractors, and some upstream companies. Simon's contractor clients consist of EPC construction and fabrication companies, engineers, heavy lift, offshore and subsea installation companies and offshore shipping companies providing services such as offshore supply, diving support, tug and tow, etc.

Publications

  • Dispute Resolution in the Energy Sector: A Practitioner's Handbook. Published by Globe Business Publishing Ltd in May 2012

Memberships

  • Oil & Gas UK Contractor Council
  • Arbitration Club – Oil & Gas Branch
  • Committee Member of the Society for Underwater Technology, London & South of England Branch

Recent Cases

  • Representing a leading offshore pipeline installation company in respect of a c.US$400 million dispute concerning unresolved change orders, local content and tax claims and final accounting for a project offshore West Africa
  • Assisting a leading OSV fleet owner/operator in respect of unwinding its joint venture arrangements for providing vessels for operations offshore Ghana, including litigation in the Ghanaian courts and multiple LMAA arbitrations in London.
  • Maritech:  representing Maritech, a Gulf of Mexico based oil company in respect of claims against underwriters for losses arising out of hurricanes Ike and Gustav to c.60 operating properties offshore Louisiana and Texas. Overall losses for property damage, plug and abandonment and re-drilling of wells amounted to c.US$115 million
  • Taichung/Tungshiao/Tatan pipeline:  representing Saipem in High Court litigation against underwriters for Saipem’s claims for the cost of repairing wet buckles which occurred during installation of the TTT pipeline offshore Taiwan. Overall losses amounted to c.US$125 million
  • Representing one of the world’s largest offshore EPC construction and installation companies in London arbitration brought by a sub-contractor. The claimant was a Malaysian yard, sub-contracted to construct the topside for production platforms to be installed offshore Nigeria. The topsides were completed 13 months late and the arbitration concerned issues of delay costs versus allegations of defective workmanship. The Malaysians yard’s claim failed

Expertise:
Energy & Infrastructure, Commercial Disputes

Qualified:
2001

Education (University):
University of Sheffield (England), Utrecht University (Netherlands)