Mr Rory Macfarlane > Ince > Hong Kong, Hong Kong > Lawyer Profile

Ince
4404-10, 44th Floor, One Island East
18 Westlands Road
Taikoo Place
Hong Kong
Rory Macfarlane photo

Work Department

Commercial Disputes, Commodities & trade, Maritime

Position

Partner

Career

Rory is an international dispute resolution specialist. A dual qualified solicitor in England and Wales and Hong Kong, he handles all manner of commercial disputes, with particular expertise in shipping and international trade. Rory’s trade experience includes coal, petroleum products, metals and soft commodities. In shipping, he has a strong focus on disputes arising under charterparties, MOA’s, ship-construction contracts and carriage of goods by sea.
Rory has considerable experience of arbitrations. mediation and court proceedings in London and Hong Kong. He also assists clients in managing their proceedings in many other jurisdictions.

More recently, Rory has grown a complimentary regulatory practice with a particular expertise in cyber-risk management and anti-corruption.

Following his return to London from Hong Kong, Rory continues to lead the Taiwan and Japan market teams and offers comprehensive legal counsel to major Taiwanese and Japanese companies. He has very good working relationships with the leading local firms in both jurisdictions, making him a valued resource for clients doing business in these markets.

Rory’s expertise extends to providing non-contentious advice to his clients in relation to negotiating and drafting bespoke agreements, including charterparties and COA’s, FOB/CFR contracts, bills of lading and other commercial agreements.

Highlight matters:

> Acting for a leading global logistics services provider, which has recently suffered a number of cybersecurity breaches, to conduct a comprehensive audit of its cybersecurity readiness and internal protocols, addressing both legal and technical issues (in conjunction with a leading cyber security consultancy). 

>Acting for a ship owner in a complicated case following an explosion during an off-shore STS crude oil transfer operation. Issues included crew death, crew injury, pollution, inter-ship liabilities, and apportionment of liability to third party loading master.

> Acting for ship finance banks on multiple ship re-possession and subsequent sales to recover monies secured by mortgages over vessels.

> Advising Greek shipowner clients on PRC charterers withholding tax from hire.

> Advised Owners/Operators in the negotiation of 2 separate 25 year iron ore COA’s, each involving the purchase and construction of 14 vessels.

> Assisting Owners/Insurers to secure the release of vessels seized by Somali pirates, including arranging for payment of cash ransoms sourced out of Hong Kong.

> Acted for European oil trader in a multi-jurisdictional fraud claim involving mareva injunctions, anton pillar orders and committal proceedings.

> Acting for defendant purchaser in a multi-shipment coal sale and purchase dispute. Issues determined at arbitration included contractual interpretation of ‘trial burn’ provisions, self heating in stockyard, fire risk on milling and burning, specification issues and emission control issues.

> Acting for the sellers in several FOSFA Arbitrations and Appeals arising out of contracts for sale and purchase of soybeans. Cases involved post appeal enforcement of arbitration awards in PRC.

> Acted for Singaporean based coal traders in a series of trade and carriage related arbitrations arising under various sales contracts and charter parties.

> Insolvency related work, advising creditors on claims against insolvent debtor companies including attending creditors meetings, nominated to Committee of Inspection and seeking to have provisional liquidators removed from office and liquidations turned from section 228A winding-up to compulsory court supervised winding-up.

 

Recently reported cases:

>Birnam Ltd v. The Owners of the Ship or Vessel Hong Ming [2011] HKCFI 577.

>The Ruby Star [2015] 1 HKLRD 453.

>The Almojil 61 [2015] 3 HKLRD 598.

Languages

English

Memberships

>Law Society of England and Wales

>Law Society of Hong Kong

>Hong Kong Maritime Law Association – Committee

Education

>Oxford Brookes University

>Nottingham Law School

Lawyer Rankings

London > Dispute resolution > Commodities disputes

Ince has a disputes group that is ‘aggressive, informed, technically proficient and a pleasure to work with‘. The bulk of its contentious commodities work stems from the oil and gas sector, though it has a growing caseload in  soft commodities and metals. Liquefied natural gas (LNG) is also a key area of specialist expertise. Will Marshall, who leads the global commodities practice, ‘has a very sharp intellect and is very hands-on‘. Key partner Carl Walker represents some of the world’s largest trading houses in physical commodity trading disputes, particularly matters concerning oil and gas trading. Jeremy Biggs handles large commodities matters for the likes of Trafigura. Rory Macfarlane‘s practice focuses on disputes in Asian markets, most notably Japan. William Blagbrough is an emerging presence in the London market having relocated from Hong Kong in 2018.