Nick Luxton
nick.luxton@giltchambers.com
Office Contact No.: 2866 8233
Mobile No.: 61007140
Fax: 2866 7858
Admission: Barrister & Solicitor, Victoria, Australia (1999)
Solicitor, Hong Kong (2006)
Barrister, Hong Kong (2014)

Profile

Nick is a barrister practising in commercial law, maritime law and arbitration. 

Nick was called to the Bar after almost fifteen years’ experience as a solicitor handling commercial disputes in Australia and Hong Kong.

In maritime and international trade law, Nick has handled disputes arising from 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 and international sale of goods. 

Nick has experience in insolvency disputes, contract claims, employment law, insurance law and international arbitration.  He has represented companies, professional firms and their insurers in recovery actions arising from fraudulent conduct.

Nick regularly handles applications for urgent injunctions in commercial disputes. Further, he is frequently instructed with respect to cross-border disputes and jurisdictional challenges.

Academic Qualifications

Bachelor of Laws (Honours), University of Melbourne
Bachelor of Arts (Honours), University of Melbourne

Accreditations

Fellow of the Chartered Institute of Arbitrators (FCIArb)
Centre for Effective Dispute Resolution (CEDR) Accredited Mediator

Selected Cases 

Global Maritime Trust (S) Pte Ltd v Fortress Group Limited (2014) 913 LMLN 3, (HCCL 23/2014, 21 October 2014) – Mandatory injunction; letter of indemnity

Ever Judger Holding Company Ltd v Kroman Celik Sanayii Anonim Sirketi [2015] 3 HKC 246; [2015] 2 HKLRD 866 – Anti-suit injunction; arbitration agreement

Cargill International Trading Pte Ltd v Loyal Base Development Ltd
 (HCCL 12/2015, 24 November 2015) - Mandatory injunction; sale of goods; letter of indemnity (led by Clifford Smith SC)

Newocean Petroleum Company Ltd v Rio Tinto Shipping (Asia) Pte Ltd (HCA 446/2015, 15 April 2016) - Application to set aside service outside jurisdiction; supply of bunkers

Newocean Petroleum Company Ltd v Rio Tinto Shipping (Asia) Pte Ltd (HCA 2265/2016, 20 December 2017) – Further application to set aside service outside jurisdiction; supply of bunkers; duty of full and frank disclosure

HKIAC Arbitration - Sale of goods; demurrage claim; legal readiness of vessel

HKIAC Arbitration – Charterparty; nomination of discharge port; demurrage; duplicate bills of lading

Hong Kong Arbitration – Charterparty; dangerous goods; liquefaction and the IMSBC Code

Publications

Contributing Editor, Hong Kong Civil Procedure (The White Book)
'Arrest of Ships in Hong Kong', Hong Kong Lawyer (October 2015)
'Anti-Suit Injunctions in Hong Kong: Recent Developments', Asian Dispute Review (April 2016)
‘Email Scams: Urgent Action for Recovery of Funds’, Hong Kong Lawyer (September 2017)

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