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Ince

3204-3206, 32F, PARK PLACE, 1601 NANJING (W) ROAD, JING AN DISTRICT, HONG KONG
Tel:
Work +852 2877 3221
Fax:
Fax +852 2877 2633
Email:
Web:
www.incegd.com
Ince, Rory Macfarlane, Hong Kong, HONG KONG

Lawyer rankings

Rory Macfarlane

Tel:
Work +852 2877 3221
Email:
Ince

Work Department

Commercial Disputes, Cyber Security, International Trade & Commodities, Shipping

Position

Partner

Career

Rory is a partner in the Hong Kong office. A dual qualified solicitor in England and Wales and Hong Kong, Rory practised in London before moving to Hong Kong in 2004.

Rory is a litigation and arbitration specialist, who handles complex cross-border litigation, international arbitration and mediation. His experience includes London LMAA, ICC and LCIA arbitrations, as well as cases in the Commercial Court and Hong Kong Courts. His practice encompasses the full range of shipping, international trade and commodities and commercial matters with a strong focus on charterparty and ship sale & purchase disputes, carriage of goods by sea and cargo claims, contentious commodities-based advice, and debt recovery actions for large corporations.

“diligent and analytical”, “Rory Macfarlane ‘takes a very commercial approach to problems and try to see disputes from a client’s perspective’” - Legal 500 Asia Pacific 2017

Rory has also grown a regulatory and compliance practice, co-heading the Asia regional team, with a particular focus on cyber-security and maritime regulations.

The breadth of Rory’s international experience in Asia is matched by his deep familiarity with the Taiwan business environment. Rory heads the Taiwan team and offers comprehensive legal counsel to major Taiwan companies. Rory takes on leading roles as international counsel on cross-border matters having a significant Taiwan element. He also has very good working relationships with the leading local firms. This makes him a valued resource for clients doing business in this market.

An element of Rory’s practice is also focused on providing non-contentious advice to clients in these areas. He is able to put his considerable experience to good use in negotiating and drafting both standard form and bespoke agreements for his clients such as Voyage Charters, Time Charters, COA’s, Bills of Lading and FOB/CFR contracts. 

 

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

Member

>Law Society of England and Wales

>Law Society of Hong Kong

>Hong Kong Maritime Law Association - Committee

Education

>Oxford Brookes University

>Nottingham Law School


Hong Kong

Shipping

Within: Shipping

'Shipping heavyweight' Ince  provides 'responsive, commercial and accurate advice' across the panoply of transactional and litigation matters on behalf of operators, charterers and P&I clubs, among other clients. The 'commercial and highly experienced' Max Cross is in 'an elite class of his own' and provides 'results-driven service' to clients engaged in a range of shipping disputes, including those relating to cargo deliveries and bills of lading. Cross also represents banks and hedge funds on issues arising from the insolvency of shipping companies, debt acquisition and restructuring. He recently secured a favourable result for the owner of cargo of a particularly dangerous and unstable product when he persuaded the Hong Kong High Court to take the unusual step of varying an arrest order to allow the cargo to be safely removed in an expedited fashion following the arrest of the vessel on which it was being carried. Ruaridh Guy was also involved in the aforementioned matter, and is a key resource to clients engaged in complex shipping disputes by virtue of his 'adaptability' and ability to provide 'practical, pragmatic and commercially astute advice'. Rosita Lau's wide-ranging transportation practice includes a significant amount of dry shipping work, while master mariner Richard Oakley is a pivotal part of the office's market-leading admiralty practice, which often works closely with lawyers in Beijing and Shanghai to provide 'very responsive service' in disputes arising from marine casualties in the region. Rory Macfarlane has a focus on regulatory and compliance work and has developed a particular specialism in relation to maritime cybersecurity matters.

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