Practice Group Leader for Disputes, South Africa; Director
Norton Rose Fulbright South Africa Inc
Related services and key industries
Key industry sectors
Andrew is the Norton Rose Fulbright Practice Group Leader for Disputes. He is a member of the firm's Management Committee and is the current head of the Cape Town office.
The Disputes Practice Group includes the Transport, Commercial, Employment and Labour, Insurance and Construction litigation teams.
Andrew has a diverse practice which encompasses both commercial and the litigation aspects of logistics, including: shipping, rail, claims recovery, admiralty, marine insurance, charterparty, oil and gas, international trade, maritime casualty response, subrogated recoveries and marine environmental law. He has been practising transport law for over 30 years.
He is regularly instructed by the London and SA insurance market on technical marine insurance matters and has been asked to draft or revise numerous insurance agreements. He acts for a number of clients in the commodity and retail space and drafts their international sale and logistics agreements.
Andrew also specialises in contract drafting and contract review work providing risk management and contract advice to clients, particularly those in the port services, commodities, aviation, road, logistics, rail and energy sectors. He has drafted, negotiated and advised on sale and purchase agreements, master agreements and trading documentation for most metals, agricultural and energy related commodities.
He has mediated, litigated or arbitrated matters in the United States, England, France, Germany, Italy, India, Zambia, Mozambique and Belgium. He has advised port authorities, port terminals, warehousemen, stevedores, commodity traders, P & I Clubs, ship-owners and underwriters in South Africa, Kenya, Zimbabwe, Zambia, Namibia, America, China, Singapore, Germany, England, Italy, France, Scandinavia, Belgium and the United States.
- He has been instructed by the leading South African marine insurers and brokers to develop innovative insurance products relevant to cargo insurance.
- He has been involved in a number of high profile casualty-related matters, including representing ship owners, a P&I club and their member in the mt "Salvaliant" casualty, which was one of the largest and most complicated maritime casualty off the South African coast and involved complicated legal issues and evidence from seven jurisdictions.
- He represented the insurers of a coal terminal that suffered extensive damages following an incident in April 2017 involving the vessel "Julian" that resulted in litigation in South Africa, Germany and Hong Kong.
- He represents the South African liability insurers (and their London re-insurers) of the Durban port authority, TNPA, who are currently facing significant claims following damage to vessels and infrastructure following a violent storm in October 2017.
- He is advising the South African Petroleum Industry Association on new strategies relevant to the development of the Island View storage and manufacturing precinct in Durban harbour;
- He represents the liability insurers of a clearing and forwarding company in a multi-million rand tobacco fraud;
- He represents the liability insurers of a warehouseman faced with multi-million dollar claims following a fire at its warehouse in 2017;
- He has negotiated with the National Ports Authority for various oil majors regarding the development of the Durban Dig Out Port Project;
- He provided general advice to the Kenya Ports Authority (KPA) Mombasa and their liability insurers, Navigators, on the interpretation of the relevant KPA trading terms mostly defending claims brought by cargo interests whose cargo had been lost, damaged or stolen;
- He regularly advises Bidfreight Port Operations on the National Ports Act and the regulations relevant to licencing, negotiating licencing issues with the National Ports Authority;
- He has advised various international retailers on their logistics arrangements and drafted contracts relevant thereto;
- He has advised a Namibian salt trader on its sales into Europe, Africa and the United States and has drafted sale and Charterparty agreements relevant thereto;
- At the height of the Somali piracy activity, he provided the local insurance industry with advice on payment of ransom and general average contributions. He is also a regular presenter at the premier South African Marine Insurance Forum and is often asked to chair or present at national and international conferences on transport issues.
Andrew is listed, ranked and recognised as a recommended transport lawyer in various significant directories, most recently in Chambers Global South Africa for Shipping.
- BA LLB (University of Cape Town)
- LLM (University of Wales)
- Post graduate diploma in environmental law (UKZN)
- Advised major petrochemical company on various issues arising out of the operating of the SBM Unit at Durban and the impact of sanctions on the importation of Iranian crude oil;
- Advised major bitumen importer on regulatory and licensing issues at the Port of Richards Bay;
- Advised major petrochemical company on the loss of a consignment of crude oil carried on board the mv Kythira;
- Drafted various charterparties and sales agreements for the importation and exportation of bulk cargoes for a major South African exporters and manufacturers;
- Advised Shell and BP South African Petroleum Refineries (Pty Ltd [“SAPREF”] with the Durban Dig-Out Port;
- Advised Shell S.A. Energy (Pty) Limited with the Durban Dig-Out Port for Shell Chemicals.
- Andrew has been recognised for Shipping by Chambers Global, 2017."I sometimes wonder when he sleeps," stated one source. "He seems to work 24/7 and is incredibly conscientious" and is "always immaculate, and always excellent."
- He is referred to in The Expert Guides: Shipping and Maritime Lawyers and the 2009 and 2010 editions of WHO'S WHO LEGAL, The International Who's Who of Business Lawyers, Shipping & Maritime.
- He was also listed as a leading lawyer in the Transport industry by Who's Who Legal Transport 2015 (Aviation contentious & Shipping). Andrew is also listed as a recommended shipping and transport lawyer in Legal500, 2018. Who's Who Legal, 2016 listed Andrew as an expert in Transport (Shipping).
Andrew has authored:
- The chapter on South African Law of Cargo Insurance as part of the International Cargo Insurance book edited by John Dunt.
- The chapter on Flag and Registration of Vessels in the Kluwer Maritime Law Handbook edited by inter alia, Jonathan Lux.
- Numerous articles that have appeared in a broad spectrum of business, trade and television media.
- He was the President of the South African Maritime Law Association from 2008 - 2010, and is currently the Chairman of the Admiralty sub-committee of that association and chaired the sub-committee that drafted the proposed amendments to the Admiralty Jurisdiction Regulation Act and related Rules.
- He led the South African delegation to the CMI Conference in Athens, 2008, Beijing in 2012 and Dublin, Ireland in 2013.
- He currently sits as a member of a CMI International Working Group for the Judicial Sale of Ships.
- He is an Adjunct External Fellow Member of the Centre for Maritime Law, Singapore.
- He regularly participates on panels, presents papers and chairs workshop sessions at numerous conferences, most recently at the Ports Evolution Conference in Durban.
Publication | March 2018
Publication | March 2018
Publication | June 2017
Publication | October 19, 2016