Arbitration, Commercial Law, Company & Insolvency, Public and Private International Law, Mediation, Admiralty & Shipping, Employment Law
Barristers
Nick Luxton
Back to Barrister searchYear of call: 2014 (Hong Kong), 1999 (Victoria, Australia), 2006 (Solicitor: Hong Kong)
Nick practises commercial law, maritime law and arbitration. He was called to the Bar after many years’ experience as a solicitor handling commercial disputes, and has a strong understanding of how barristers can best work with solicitors to support their clients.
Nick has experience in contractual disputes, banking and finance law, employment law, insurance law and international arbitration (with a focus on maritime law and international sale of goods). Particular areas of expertise include:
– Urgent injunctions in commercial disputes, including asset freezing orders relating to commercial fraud
– Jurisdictional disputes, including anti-suit injunctions and forum challenges
– Applications to either set aside or enforce arbitral awards
– Obtaining orders for the preservation and inspection of property in aid of local and foreign proceedings
Nick also specialises in maritime and international trade law, including disputes about shipping collisions, ship sale and purchase, and cargo claims. He has appeared in trials of admiralty actions in the Hong Kong High Court, and in numerous arbitrations concerning charterparty disputes. Further, he has handled applications for judicial sale of ships and distribution of proceeds of sale.
Nick is listed in Legal 500 and Doyle’s Guide as a leading Junior Counsel for Shipping & Transport Law in Hong Kong. In Legal 500 Asia Pacific HK Bar (2022), he is recognised as “A first-rate junior, extremely bright and diligent. His style is precise and to the point. He has excellent technical expertise and a forensic approach to details.”
Nick is a Fellow of the Chartered Institute of Arbitrators and a CEDR accredited mediator. He is on the HKIAC’s List of Arbitrators and is a member of the Hong Kong Maritime Arbitration Group.
Practice Areas:
Legal Qualifications:
1997, LLB (Honours), University of Melbourne, Australia
Academic Qualifications:
1997, BA (Honours), University of Melbourne, Australia
Memberships:
Fellow of the Chartered Institute of Arbitrators (FCIArb)
Arbitrator, Hong Kong International Arbitration Centre (HKIAC)
Accredited Mediator, Centre for Effective Dispute Resolution (CEDR)
Committee Member, Hong Kong Maritime Law Association
Member, Hong Kong Maritime Arbitration Group
Languages spoken:
English
Cases involved in:
AB v X [2022] 1 HKLRD 1259; [2022] 2 HKC 406
LETTER OF REQUEST FROM THE BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM OF THE UNITED STATES FOR BANK WITNESSES TO GIVE EVIDENCE; WHETHER THE LETTER OF REQUEST WAS ISSUED BY A ‘COURT OR TRIBUNAL’; RISK OF SELF-INCRIMINATION FOR THE WITNESSES; SCOPE OF THE LETTER OF REQUEST
RE GUY KWOK-HUNG LAM [2021] HKCFI 2135; [2022] 4 HKLRD 793; [2022] HKCA 1683 BANKRUPTCY PETITION; WHETHER CREDITOR MUST LITIGATE IN FOREIGN JURISDICTION UNDER EXCLUSIVE JURISDICTION CLAUSE BEFORE PRESENTING PETITION; CLAIM UNDER GUARANTEE; WHETHER THE PETITIONER IS A FULLY SECURED CREDITOR; APPLICATION OF THE MONEY LENDERS ORDINANCE (LED BY JOSE MAURELLET SC)
UNION BANK OF INDIA v GLORY UNIVERSAL GROUP INC [2021] 1 HKLRD 381
JURISDICTION DISPUTE CONCERNING LOAN FACILITY; ASYMMETRIC JURISDICTION CLAUSES; AMENDMENTS TO JURISDICTIONAL GATEWAYS; SERVICE IN FOREIGN JURISDICTION
PURPLE SURGICAL UK LIMITED v WIN BILLION INVESTMENT GROUP LTD [2021] HKCFI 430
PROPRIETARY AND MAREVA INJUNCTIONS; FRAUDULENT CONDUCT; CONTRACT FOR THE SALE OF PERSONAL PROTECTIVE EQUIPMENT (LED BY CHARLES MANZONI SC)
OCBC WING HANG BANK LTD V KAI SEN SHIPPING COMPANY LTD [2021] 1 LLOYD’S REP 329; [2020] 1 HKLRD 1217; [2020] 4 HKC 503
APPLICATION TO STAY HONG KONG PROCEEDINGS TO ARBITRATION; GOVERNING LAW OF ARBITRATION AGREEMENT; INCORPORATION OF ARBITRATION AGREEMENT BY REFERENCE; SUBMISSION TO ARBITRATION
BRIGHT SHIPPING LTD V CHANGHONG GROUP (HK) LTD [2020] HKCFA 24
APPLICATION TO STAY HONG KONG PROCEEDINGS ON FORUM NON CONVENIENS GROUNDS; SHIPPING COLLISION; RELEVANCE OF LIS ALIBI PENDENS; PLACE OF COMMISSION OF TORT; RELEVANCE OF LIMITATION OF LIABILITY (LED BY CHARLES SUSSEX SC)
BRIGHT SHIPPING LTD V CHANGHONG GROUP (HK) LTD [2019] 2 HKLRD 220
STRIKE OUT OF APPEAL FOR FAILURE TO OBTAIN LEAVE; FORUM NON CONVENIENS APPLICATION RELATING TO SHIPPING COLLISION
QVIST HENRIK V CLATRONIC FAR EAST LTD [2019] HKCFI 2464; [2020] 1 HKLRD 703 (COSTS)
EMPLOYMENT LAW; UNLAWFUL DISMISSAL OF SENIOR EXECUTIVE; GROUNDS FOR SUMMARY DISMISSAL; SANCTIONED OFFER AND AWARD OF ENHANCED INTEREST AND INDEMNITY COSTS
REINHOLD THURNER V EXCELLENT CENTURY HOLDINGS LTD [2020] HKCFI 743; [2020] HKCFI 2550
CLAIM RELATING TO FRAUD PERPETRATED AGAINST PLAINTIFF; TRACING OF FUNDS; APPLICATION TO SET ASIDE DEFAULT JUDGMENT AND GARNISHEE ORDER
Remedy Asia Ltd v Yick Shing Contractors Ltd [2019] HKCFI 2673
Construction law; claims by sub-contractor for landslip preventative measures works for slopes.
Classics International Ltd v Claret House Company Ltd [2019] HKCFI 163
Sale of rare sports car; order for specific performance; resisting stay of execution.
Dubai International Real Estate v Al Ahmadiah Contracting and Trading & Hip Hing Overseas Ltd [2018] HKCFI 613
Application to set aside order for enforcement of arbitral award.
Newocean Petroleum Company Ltd v Rio Tinto Shipping (Asia) Pte Ltd HCA 2265/2016; [2019] HKCA 485
Further application to set aside service outside jurisdiction; supply of bunkers.
Newocean Petroleum Company Ltd v Rio Tinto Shipping (Asia) Pte Ltd HCA 446/2015
Application to set aside service outside jurisdiction; supply of bunkers.
CARGILL INTERNATIONAL TRADING PTE LTD V LOYAL BASE DEVELOPMENT LTD (HCCL 12/2015, 24 NOVEMBER 2015)
LETTER OF INDEMNITY; MANDATORY INJUNCTION; WHETHER THE OPERATION OF THE INDEMNITY WAS TRIGGERED; RELEASE OF VESSEL (LED BY CLIFFORD SMITH SC)
Ever Judger Holding Company Ltd v Kroman Celik Sanayii Anonim Sirketi [2015] 3 HKC 246; [2015] 2 HKLRD 866
Anti-suit injunction; arbitration agreement.
Global Maritime Trust (S) Pte Ltd v Fortress Group Limited (2014) 913 LMLN 3, HCCL 23/2014
Mandatory injunction; letter of indemnity.
HKIAC Arbitration – International sale of goods; demurrage claim; legal readiness of vessel.
HKIAC Arbitration – Charterparty; nomination of discharge port; demurrage; duplicate bills of lading.
HKIAC Arbitration – International sale of goods; formation of contract; failure to supply cargo of iron ore.
Hong Kong Civil Procedure
Nick Luxton (Contributing Editor) and Jacqueline K K Chan (Contributing Editor) and Au Lut Chi (Contributing Editor (2018 - current))
Seminars
- Interlocutory injunctions: key issues & practical tips.
- Admiralty jurisdiction in Hong Kong – case update.
- Applications to set aside arbitral awards in Hong Kong.
- Insolvency law issues for the shipping industry.
- Jurisdictional disputes in Hong Kong – service out, forum non conveniens & anti-suit injunctions.