Andrew Ng

Andrew has experience in a broad range of high-value, complex and multi-jurisdictional commercial litigation, with an increasing proportion of his practice involving civil fraud, offshore disputes, international commercial arbitration and international trade.

He is also rapidly developing a busy sole counsel practice, where he appears in both High Court and international arbitration proceedings, often against opposing counsel many years his senior (including King’s Counsel). He is presently instructed as sole counsel in a week-long trial in the English High Court and previously in a £65 million civil fraud matter in the BVI Commercial Court.

Example of his recent matters include:

• Two parallel ICC and HKIAC arbitrations involving contested sums of over US$150 million arising from alleged breaches of fiduciary duty, misappropriation of the company’s assets and various shareholder agreements.
• Allegations of fraud in the presentation of two letters of credit to Singapore banks giving rise to claims for sums of over US$60 million.
• Successfully resisting a challenge to remove an arbitrator on the grounds of apparent bias before the Supreme Court in Halliburton Company v Chubb Bermuda Insurance Ltd [2020] UKSC 48 (as a pupil).
• An appeal under section 69 of the Arbitration Act 1996 against a US$40 million GAFTA award, arising out of the supply of Ukrainian agricultural commodities to Chinese state-owned entities under the Belt and Road Initiative.
• Misdelivery claims for sums of approximately US$100 million arising from the collapse of Hin Leong Trading Pte Ltd (one of Asia’s largest oil traders).
• A HKIAC arbitration involving claims for approximately US$20 million from breaches of management agreements, PPMs and Subscription Agreements against an investment manager for a Cayman Island Fund.
• A claim in the BVI Commercial Court for £65 million involving allegations of asset stripping, unlawful means conspiracy, fraudulent misrepresentations and procuring breach of contract.
• A worldwide freezing order (WFO) (i.e. “Mareva injunction”) for assets totalling approximately US$10 million arising out of fraudulent / dishonest conduct.
• A HKIAC arbitration involving the failure to pay sums of approximately US$ 8 million pursuant to the force majeure clause arising from the supply of coal due to the implementation of Russian sanctions on various entities.
• A High Court dispute involving unlawful means conspiracy, for approximately US$ 7 million arising out of the Ho Wan Kwok fraud (involving fraudulently obtained funds exceeding US$ 1 billion), where Andrew is acting for a Mainland Chinese client.
• Enforcement of a US$ 7.5 million arbitral award (from Beihai Court of International Arbitration) in the English High Court.
• A SIAC arbitration involving disputed sums of approximately US$ 5 million arising out of unpaid hire and falsified documents which resulted in termination by the final charterer.
• A section 994 Companies Act 2006 petition in the High Court involving allegations of unfair prejudice involving shares worth approximately £5 million.
• A SIAC arbitration involving a claim of approximately US$ 4 million for damages arising out of the supply of defective bunker fuel and limitation of liability under standard form contracts.
• A High Court dispute involving breaches of employment contract, bribery, breach of fiduciary duties, conspiracy and further resisting an application for a springboard and restraint of trade injunction.

Civil fraud and asset tracing are at the heart of Andrew’s practice. He has extensive experience in this area and routinely advises on disputes involving issues of illegality, breach of fiduciary duty, deceit, unlawful means conspiracy, fraudulent misrepresentation, dishonest assistance, knowing receipt, following/tracing of assets and/or injunctive relief.

Andrew is equally comfortable appearing in England and Wales or in offshore jurisdictions such as in the British Virgin Islands or Hong Kong. He has experience appearing against senior opposing counsel and recently appeared in a 2-day hearing against a senior King’s Counsel for a £65 million civil fraud matter in the BVI Commercial Court.

Examples of his recent matters include:

• A claim in the BVI Commercial Court for £65 million involving allegations of asset stripping, unlawful means conspiracy, fraudulent misrepresentations and procuring breach of contract (appeared in a 2 day hearing in the BVI Commercial Court against a senior King’s Counsel from Twenty Essex).
• Two parallel ICC and HKIAC arbitrations involving contested sums of over US$150 million arising from alleged breaches of fiduciary duty, misappropriation of the company’s assets and various shareholder agreements.
• Allegations of fraud in the presentation of two letters of credit to Singapore banks giving rise to claims for sums of over US$60 million.
• A High Court dispute involving unlawful means conspiracy, for approximately US$ 7 million arising out of the Ho Wan Kwok fraud (involving fraudulently obtained funds exceeding US$ 1 billion), where Andrew is acting for a Mainland Chinese client.
• A BVI seated arbitration for unfair prejudice brought pursuant to section 184I of the BVI Business Companies Act 2004, involving allegations of breaches of director’s duties, shareholders’ agreement and the articles of association, setting up of competing companies and wrongfully / fraudulently paying dividends.
• A BVI law governed Astana International Arbitration Centre arbitration involving claims against a cryptocurrency service platform arising from the dissemination of a ‘phishing’ link that resulted in cryptocurrency assets being fraudulently dissipated.
• A High Court dispute involving breaches of employment contract, bribery, breach of fiduciary duties, conspiracy and further resisting an application for a springboard and restraint of trade injunction.
• A High Court dispute involving allegations of breach of contract, deceit, unlawful means conspiracy, fraudulent misrepresentation and unjust enrichment arising out of a supply contract that spanned over 6 years.
• A HKIAC arbitration involving the failure to pay sums of approximately US$ 8 million pursuant to the force majeure clause arising from the supply of coal due to the implementation of Russian sanctions on various entities.

“A naturally talented barrister” (The Legal 500, International Arbitration (Commercial))

Andrew has extensive experience in a wide range of general and specialist international commercial arbitrations. He is regularly involved in high-value arbitrations, as well as in proceedings to enforce arbitral awards and in other arbitration-related litigation.

Additionally, Andrew has a well-established practice in the Asia-Pacific, appearing in and/or acting for clients based in jurisdictions such as Hong Kong, Mainland China and Singapore. He is also routinely instructed directly by firms in these jurisdictions and has extensive experience working with Mainland Chinese and Hong Kong firms on behalf of their clients (including Mainland Chinese SOEs).

Andrew is himself based in Asia. He is thus regularly in these jurisdictions and in the same time zone.

Examples of his recent matters include:

• An appeal under section 69 of the Arbitration Act 1996 against a US$40 million GAFTA award arising out of the supply of Ukrainian agricultural commodities to Chinese state-owned entities under the Belt and Road Initiative.
• Enforcement of a US$ 7.5 million arbitral award (from Beihai Court of International Arbitration) in the English High Court, where Andrew is acting for a Mainland Chinese based client.
• Two parallel GAFTA arbitrations involving the sale of soya beans under 5 related sale contracts from an American buyer to a Chinese state-owned entity involving disputed sums of over US$ 5 million, where Andrew is instructed by a Mainland Chinese firm for a Mainland Chinese state-owned enterprise (SOE).
• An LMAA arbitration involving a modified GENCON 94 charterparty involving issues of a failure to load a full and complete cargo, draught limitations at the discharge part, and whether deadfreight is due. Andrew is directly instructed by a Mainland Chinese firm for a Mainland Chinese based client.
• An LCIA arbitration between two Asian energy companies involving the sale and purchase of shares pursuant to a Heads of Terms Agreement, and further disputes arising from the consequent relational energy supply agreements.
• An appeal under section 69 of the Arbitration Act 1996 involving approximately US$1.5 million arising from the supply off-spec sulphur, arrest of the Vessel in China, anti-suit injunctions and reasonableness of a settlement under an Inter-Club Agreement.
• An appeal under section 69 of the Arbitration Act 1996 involving the wrongful termination of a MYBA Charter and whether parties’ respective rights to terminate at common law were circumscribed by the contractual termination mechanism at Clause 7 and/or Clause 13 MYBA Charter.
• An application under section 18 of the Arbitration Act 1996 for the appointment of an arbitrator pursuant to an arbitration agreement in the constitution of an unincorporated association. This involved the novel question of whether a former member of the unincorporated association is a party to the arbitration agreement.
• A section 67 Arbitration Act 1996 appeal to the High Court involving want of jurisdiction arising from the incorporation of terms in a bill of lading (that was due to be issued) into a Booking Note between a Merchant and Carrier.
• An application under section 58 Arbitration Act 1996 to the High Court for a PF 166 Certification for enforcement of an English seated arbitral award outside of the jurisdiction.

Mainland China and Hong Kong

• Two parallel ICC and HKIAC arbitrations involving contested sums of over US$150 million arising from alleged breaches of fiduciary duty, misappropriation of the company’s assets and various shareholder agreements, where Andrew is instructed by a Hong Kong firm for a Mainland Chinese based client.
• A HKIAC arbitration involving claims for approximately US$20 million from breaches of management agreements, PPMs and Subscription Agreements against an investment manager for a Cayman Island Fund, where Andrew is instructed by a Hong Kong firm for a Hong Kong based client.
• A HKIAC arbitration involving the failure to pay sums of approximately US$ 8 million pursuant to the force majeure clause arising from the supply of coal due to the implementation of Russian sanctions on various entities, where Andrew is instructed by a Hong Kong firm for a Hong Kong based client.
• A BVI seated arbitration for unfair prejudice brought pursuant to section 184I of the BVI Business Companies Act 2004, involving allegations of breaches of director’s duties, shareholders’ agreement and the articles of association, setting up of competing companies and wrongfully / fraudulently paying dividends, where Andrew is instructed by a Hong Kong firm for a Hong Kong based client, where Andrew is instructed by a Hong Kong firm for a Hong Kong based client.
• A BVI law governed Astana International Arbitration Centre arbitration involving claims against a cryptocurrency service platform arising from the dissemination of a ‘phishing’ link that resulted in cryptocurrency assets being fraudulently dissipated, where Andrew is instructed by a Hong Kong firm for a Hong Kong based client.

Singapore

• A SIAC arbitration involving disputed sums of approximately US$ 5 million arising out of unpaid hire and falsified documents which resulted in termination by the final charterer.
• A SIAC arbitration involving a claim of approximately US$ 4 million for damages arising out of the supply of defective bunker fuel and limitation of liability under standard form contracts.
• Misdelivery claims for sums of approximately US$100 million arising from the collapse of Hin Leong Trading Pte Ltd (one of Asia’s largest oil traders).
• Allegations of fraud in the presentation of two letters of credit to Singapore banks giving rise to claims for sums of over US$60 million.

Andrew has significant experience in high-value, complex and multi-jurisdictional disputes, including in offshore jurisdictions. He is comfortable appearing in jurisdictions such as the British Virgin Islands, Hong Kong or Singapore both in a led and sole counsel capacity - and has recently appeared against a senior King’s Counsel for a £65 million civil fraud matter in the BVI Commercial Court.

Andrew is also called to the Bars of both the British Virgin Islands (BVI) and Singapore and has rights of audience before those courts.

Examples of his recent matters include:

• A claim in the BVI Commercial Court for £65 million involving allegations of asset stripping, unlawful means conspiracy, fraudulent misrepresentations and procuring breach of contract.
• Proceedings before the Grand Court of the Cayman Islands involving contested sums of over US$150 million arising from alleged breaches of fiduciary duty, misappropriation of the company’s assets and various shareholder agreements.
• A BVI seated arbitration for unfair prejudice brought pursuant to section 184I of the BVI Business Companies Act 2004, involving allegations of breaches of director’s duties, shareholders’ agreement and the articles of association, setting up of competing companies and wrongfully / fraudulently paying dividends.
• A BVI law governed Astana International Arbitration Centre arbitration involving claims against a cryptocurrency service platform arising from the dissemination of a ‘phishing’ link that resulted in cryptocurrency assets being fraudulently dissipated.
• Allegations of fraud in the presentation of two letters of credit to Singapore banks giving rise to claims for sums of over US$60 million.
• A HKIAC arbitration involving claims for approximately US$20 million from breaches of management agreements, PPMs and Subscription Agreements against an investment manager for a Cayman Island Fund.

“Andrew’s advocacy is enhanced by his kindness, organisational prowess, composure, and precision. These qualities not only make him a formidable advocate but also a respected and valued team member” (The Legal 500, Shipping)

Andrew has significant experience in shipping related court proceedings and arbitrations. These disputes involve charterparties, c.i.f./f.o.b. sale contracts, bills of lading and documentary credits and he often deals with disputes at the intersection of such areas.

Examples of his recent matters include:

• Misdelivery claims for sums of approximately US$100 million arising from the collapse of Hin Leong Trading Pte Ltd (one of Asia’s largest oil traders).
• Allegations of fraud in the presentation of two letters of credit to Singapore banks giving rise to claims for sums of over US$60 million.
• A shipbuilding dispute concerning a defective stern tube bearing involving contested sums of over €50 million.
• A dispute in the Supreme Court of Gibraltar for contested sums of US$ 10 million concerning the applicability and interpretation of the Convention on Limitation of Liability for Maritime Claims 1976 and the amendments arising out of the 1996 Protocol.
• A BARECON 2001 dispute involving 4 separate vessels and approximately €14 million.
• A SIAC arbitration involving disputed sums of approximately US$ 5 million arising out of unpaid hire and falsified documents which resulted in termination by the final charterer.
• A dispute in the Supreme Court of Gibraltar for contested sums of US$ 10 million concerning the applicability and interpretation of the Convention on Limitation of Liability for Maritime Claims 1976 and the amendments arising out of the 1996 Protocol.
• A NYPE 1981 dispute involving Covid-19 restrictions in China and a ‘Restraints of Princes’ defence for approximately US$4 million.
• An appeal under section 69 of the Arbitration Act 1996 involving approximately US$1.5 million arising from the supply off-spec sulphur, arrest of the Vessel in China, anti-suit injunctions and reasonableness of a settlement under an Inter-Club Agreement.
• An appeal under section 69 of the Arbitration Act 1996 involving the wrongful termination of a MYBA Charter and whether parties’ respective rights to terminate at common law were circumscribed by the contractual termination mechanism at Clause 7 and/or Clause 13 MYBA Charter.
• A section 67 Arbitration Act 1996 appeal to the High Court involving alleged want of jurisdiction arising from the incorporation of terms in a bill of lading (that was due to be issued) into a Booking Note between a Merchant and Carrier.

“Andrew demonstrates commendable legal acumen, and contributes valuable insights” (The Legal 500, Commodities)

Andrew has significant experience in commodities related court proceedings and arbitrations. These disputes involve sale contracts, disputes as to quality and/or quantity, Incoterms obligations, passing of title and risk, certificate final clauses and documentary credits, and he often deals with disputes at the intersection of such areas.

Examples of his recent matters include:

• An appeal under section 69 of the Arbitration Act 1996 against a US$40 million GAFTA award arising out of the supply of Ukrainian agricultural commodities to Chinese state-owned entities under the Belt and Road Initiative.
• A claim in the BVI Commercial Court for £65 million involving allegations of asset stripping, unlawful means conspiracy, fraudulent misrepresentations and procuring breach of contract; arising from the entry of commercially meaningless circular transactions for the sale of cereal as a means to dissipate assets.
• Two parallel GAFTA arbitrations involving the sale of soya beans under 5 related sale contracts from an American buyer to a Chinese state-owned entity involving disputed sums of over US$ 5 million.
• A SIAC arbitration involving a claim of approximately US$ 4 million for damages arising out of the supply of defective bunker fuel and limitation of liability under standard form contracts.
• A HKIAC arbitration involving the failure to pay sums of approximately US$ 8 million pursuant to the force majeure clause arising from the supply of coal due to the implementation of Russian sanctions on various entities.

Andrew has experience in energy disputes, having been involved in both arbitrations and court matters alike. He is equally comfortable handling both ‘legally’ heavy and ‘factually’ heavy disputes, and those involving technically difficult matters.

Examples of his recent matters include:

• A HKIAC arbitration involving the failure to pay sums of approximately US$ 8 million pursuant to the force majeure clause arising from the supply of coal due to the implementation of Russian sanctions on various entities.
• Misdelivery claims for parcels of gasoil worth approximately US$100 million arising from the collapse of Hin Leong Trading Pte Ltd (one of Asia’s largest oil traders).
• A SIAC arbitration involving a claim of approximately US$ 4 million for damages arising out of the supply of defective bunker fuel and limitation of liability under standard form contracts.
• An LCIA arbitration between two Asian energy companies involving the sale and purchase of shares pursuant to a Heads of Terms Agreement, and further disputes arising from the consequent relational energy supply agreements.
• A dispute involving the accrual and calculation of liquidated damages in a JCT building contract and issues arising from the related deed of guarantee (as a pupil).

Andrew has considerable experience in insurance and reinsurance disputes. He is familiar with various insurance and reinsurance policies (including marine insurance policies) and has previously dealt with issues such as Facultative / Treaty reinsurance, Aggregation and ‘Follow the leader’ clauses.

Examples of his recent matters include:

• A dispute involving a co-assured’s entitlement to a Protection & Insurance (“P&I”) Policy and the effect of it being named “as first mortgagee” on the policy.
• A dispute concerning insurance proceeds wrongfully held by a third party (on trust) for the assured, involving Italian policies and issues of Norwegian law and arbitration.
• A dispute involving a claim against cargo insurers under Institute Cargo Clause (A) and parties’ right to reject damaged cargo following the cargo not corresponding to contractual specification.
• A dispute involving a claim against various insurers arising from the Third Parties (Rights against Insurers) Act 2010.