Denys Hickey

Year of call:
1975
Email:
denys.hickey@39essex.com

Clerks:
+44 (0)20 7832 1111

Denys Hickey has over forty years legal experience, with a strong reputation for arbitration. Denys is very well known for oil and gas and commodity trading work as well as for fraud and general commercial disputes.

Upstream oil and gas work has included advising on FPSO agreements, Supplytime charters and LNG vessel charters. He has also advised on offshore construction joint ventures, the financing of refinery projects, disputes relating to offshore oil and gas projects, shipbuilding contracts, oilfield redetermination problems and pipeline construction disputes. Cases handled cover a very wide spectrum from shipping through insurance, oil trading and other commodity disputes together with engineering matters and shipbuilding contracts and disputes. Denys has also dealt with joint venture and shareholder disputes and with the breakup of offshore oil and gas and construction JV’s. Denys also has a wealth of experience of shipping and shipbuilding disputes as well as marine and energy insurance matters.

Recent work includes both representing parties and acting as counsel in ad hoc arbitrations and arbitrations under ICC, SIAC, KLRCA, SCMA, LCIA, LME, UNCITRAL, GAFTA, FOSFA and LMAA rules. He regularly sits as an arbitrator and is a CIArb Accredited Mediator.

He is a Board Member of Maxwell Chambers, and a on the Panel of Arbitrators with SIAC, KLRCA, SCMA and the London Metal Exchange (LME).

Alternative Dispute Resolution


He has extensive experience of international arbitration and mediation. Arbitration experience includes both representing parties and acting as counsel in ad hoc arbitrations and arbitrations under ICC, SIAC, SCMA, LCIA, LME, UNCITRAL, GAFTA, FOSFA and LMAA rules. Denys has also litigated challenges to arbitration awards on the grounds of alleged misconduct. He has also has sat as an arbitrator, and has been appointed as sole arbitrator in a number of SIAC and SCMA arbitrations. He is also a CIArb Accredited Mediator.

Banking & Finance


Banking

Denys’ experience relates to letters of credit used in trading of oil and other commodities, and guarantees used in shipbuilding and construction cases. Denys has advised on whether payment under letters of credit can be prevented, and has acted for various banks on trade finance matters.

Fraud

Denys has handled a number of fraud cases, including one involving the theft of several thousand tons of fuel oil inside Iran. This case resulted eventually in the jailing of the chief fraudster, Mr Moussavi for contempt of court in relation to his breach of a Search order.

Competition law

Denys has been instructed in a series of cases for a very large offshore construction client involving advice on EU and UK anti-trust law, and filings with the OFT and the EU. Denys has also advised on the application of competition law to the shipping industry, including liner conferences and pooling arrangements. He has also advised on access to ‘’essential facilities’’, and the legality of joint selling arrangements in the context of the sale of crude oil from newly developed fields. Denys has also acted for the Korean Shipbuilders Association in connection with a complaint concerning subsidies which it was alleged by the European Shipbuilders Association were unfair.

Energy


Oil & Gas

Offshore oil and gas has formed a major part of Denys’ practice over  the last 20 years, and has involved contractors such as drilling companies Transocean and Hercules and general offshore construction companies such as McDermott, COOEC, EMAS, Swiber, and shipbuilders IHC. Denys’ has also advised pipeline contractors on projects in regions as diverse as the Ukraine and Uganda.

Commodities

Denys’ main experience in this field relates to oil and gas trading with over 35 years experience. As part of the work I have done for oil and gas trading clients, I have developed a good understanding of derivatives, both exchange traded and OTC.

Infrastructure


Cargo claims

Denys has handled numerous cargo claims relating to bulk, containerised and oil cargoes, and is very familiar with the insurance issues arising out of cargo claims.

Insurance

Denys has considerable experience of marine hull and cargo insurance, which includes the Jal Sea Condor total loss off south Africa. He has also handled a number of offshore oil and gas insurance matters, including cases involving loss of structures and questions concerning liability for defective design. Denys has also investigated a number of losses where the cause was not known, including loss of a subsea well, and he has a lot of experience of cargo insurance issues, including loss of oil in transit through Iran.

Shipping & Commodities


Denys is well known for shipping and commodity trading work.

Cases handled cover most aspects of shipping and trading , including oil trading and other commodity disputes together with all aspects of offshore oil and gas.

Denys has considerable experience of marine hull and cargo insurance, including total losses, damage to vessels and structures and unsafe port claims.

He has handled numerous cargo claims relating to bulk, containerized and oil cargoes, and is very familiar with the insurance issues arising out of cargo claims.

Denys has handled all aspects of dry shipping, including both the carriage of oil and the carriage of dry bulk commodities such as grain, coal and iron ore. He has particular experience of oil and gas, including both LPG and LNG.

He has also been instructed in a series of cases involving advice on EU and UK anti-trust law, and filings with the OFT and the EU. Denys has advised on the application of competition law to the shipping industry, including liner conferences and pooling arrangements. Denys acted for the Korean Shipbuilders Association in connection with a complaint concerning subsidies which it was alleged by the European Shipbuilders Association were unfair.

Denys has a great deal of experience of oil and gas trading, and as part of this work he have developed a good understanding of derivatives, both exchange traded and OTC.

Offshore oil and gas has formed a major part of Denys’ practice over the last 20 years, and has involved drilling contractors such as Transocean and Hercules and general offshore construction companies such as McDermott, COOEC, EMAS, Swiber, and shipbuilders IHC.

Call +44 (0)20 7832 1111 for more information

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