Andrew Ng

Andrew has experience in a broad range of commercial disputes, with an increasing proportion of his practice involving civil fraud, offshore disputes, international commercial arbitration and international trade. He is regularly instructed as sole counsel in High Court proceedings as well as in international arbitrations (where he often appears against opposing counsel many years his senior) and has also assisted as junior counsel with cases in the High Court, Court of Appeal and Supreme Court. A fluent Mandarin Chinese speaker, Andrew was born and raised in Singapore and is familiar with the East Asian and Southeast Asian region.

Examples of Andrew’s 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).

Two parallel ICC and HKIAC arbitrations involving contested sums of over US$150 million arising from alleged breaches of fiduciary duty, misappropriation of company’s assets and various shareholder agreements.

Allegations of fraud in the presentation of two letters of credit 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.

An LCIA arbitration arising from a failed Initial Coin Offering involving claims for fraudulent misrepresentation for approximately US$10 million.

A shipbuilding dispute concerning a defective stern tube bearing involving contested sums of over €50 million.

A BARECON 2001 dispute involving 4 separate vessels and approximately €14 million.

Andrew also has a thriving sole counsel practice and regularly appears, as lead advocate, in multi-million-dollar disputes (including one worth approximately £65 million) in territories such as London, Singapore and the British Virgin Islands. Examples of Andrew’s recent matters where he is instructed as sole counsel 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.

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).

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 (presently scheduled for a 5-day trial).

A SIAC arbitration involving a claim of approximately US$ 4 million for damages arising out of the supply of defective bunkers and limitation of liability under standard form contracts.

Andrew completed his undergraduate studies in law at the University of Cambridge, graduating in 2017 with a triple first-class degree. He topped his year in Equity & Trusts, being awarded a First (with Distinction) along with the 3 Verulam Buildings Prize; alongside numerous other faculty and college prizes. Andrew then spent a year at the University of Oxford, where he read for the Bachelor of Civil Law, and was also invited to sit the examination for a Prize Fellowship at All Souls College. Prior to joining 36 Stone, Andrew completed his pupillage at Essex Court Chambers and also supervised undergraduates at the University of Cambridge in Land Law and Roman Law.

Andrew is also called to the Bar of the British Virgin Islands (BVI), and has rights of audience in the Astana International Financial Centre (AIFC).

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

Examples of his recent matters include:

Allegations of fraud in the presentation of two letters of credit giving rise to claims for sums of over US$60 million.

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.

Two parallel ICC and HKIAC arbitrations involving contested sums of over US$150 million arising from alleged breaches of fiduciary duty, misappropriation of company’s assets and various shareholder agreements.

An LCIA arbitration arising from a failed Initial Coin Offering involving claims for fraudulent representation for approximately US$10 million.

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 unlawful means conspiracy, for approximately US$ 7 million arising out of the Ho Wan Kwok fraud (involving fraudulently obtained funds exceeding US$ 1 billion).

A section 994 Companies Act 2006 petition in the High Court involving allegations of unfair prejudice involving shares worth approximately £5 million (presently scheduled for a 5-day trial).

Claims for compensation under Article 185 of the Italian Criminal Code (for international bribery arising out of procurement of an oil contract) gave rise to a lis pendens under Article 29/30 of the Brussels I Regulation Recast (as a pupil).

Resisting a worldwide freezing order pursuant to allegations of unlawful means conspiracy to strip an arbitral award debtor (of a US$1.5 billion ICC award) of its assets (as a pupil).

Andrew has significant experience in high-value, complex and multi-jurisdictional disputes, including in offshore jurisdictions.

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 company’s assets and various shareholder agreements.

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 giving rise to claims for sums of over US$60 million.

An appeal in the Cayman Island Court of Appeal (Arcelormittal USA LLC v Essar Global Fund Limited CICA (Civ) 15 of 2019 (3 May 2021)) on whether Norwich Pharmacal Orders were available in aid of foreign proceedings or were excluded by the Evidence (Proceedings in Other Jurisdictions) Order 1978, following an English worldwide freezing injunction in aid of the enforcement of a US$1.5 billion ICC award (as a pupil).

Andrew has extensive experience in high-value, complex and multi-jurisdictional commercial litigation.

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.

Two parallel ICC and HKIAC arbitrations involving contested sums of over US$150 million arising from alleged breaches of fiduciary duty, misappropriation of company’s assets and various shareholder agreements.

An LCIA arbitration arising from a failed Initial Coin Offering involving claims for fraudulent representation for approximately US$10 million.

A worldwide freezing order (WFO) (i.e. “Mareva injunction”) for assets totalling approximately US$10 million arising out of fraudulent / dishonest conduct.

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 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 section 994 Companies Act 2006 petition in the High Court involving allegations of unfair prejudice involving shares worth approximately £5 million (presently scheduled for a 5-day trial).

Successfully resisting a worldwide freezing injunction and Norwich Pharmacal Order pursuant to allegations of unlawful means conspiracy to strip an arbitral award debtor (of a US$1.5 billion ICC award) of its assets (as a pupil).

Andrew has considerable experience in international commercial arbitration. He has been involved in a significant number of high-value arbitrations, as well as in proceedings to enforce arbitral awards and in other arbitration-related litigation.

Examples 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 company’s assets and various shareholder agreements.

An LCIA arbitration arising from a failed Initial Coin Offering involving claims for fraudulent representation for approximately US$10 million.

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.

Successfully resisting a challenge to remove an arbitrator on the grounds of apparent bias before the UK 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.

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 SIAC arbitration involving a claim of approximately US$ 4 million for damages arising out of the supply of defective bunkers and limitation of liability under standard form contracts

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 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.

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.

Andrew has significant experience in both court proceedings and arbitrations involving charterparties, c.i.f./f.o.b. sale contracts, bills of lading and documentary credits and 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 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.

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 BARECON 2001 dispute involving 4 separate vessels and approximately €14 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 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 bunkers and limitation of liability under standard form contracts.

A NYPE 1981 dispute involving Covid-19 restrictions in China and a ‘Restraints of Princes’ defence for approximately US$4 million.

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 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.

A reinsurance dispute for approximately US$10 million involving retrospective reallocation of ultimate net losses across different reinsurance contracts (as a pupil).

Andrew has significant experience in private international law disputes. He has a broad range of experience in this area and has frequently worked on jurisdiction and choice of law issues in the context of court proceedings and arbitrations.

Examples of his recent matters containing a private international law element include:

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.

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 giving rise to claims for sums of over US$60 million.

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 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)

Claims for compensation under Article 185 of the Italian Criminal Code (for international bribery arising out of procurement of an oil contract) gave rise to a lis pendens under Article 29/30 of the Brussels I Regulation Recast (as a pupil).