Shawn Kirby

Partner

About Shawn

Shawn Kirby is an energy, shipping and construction lawyer with a particular focus on the construction and operation of offshore units and ships. He assists owners, charterers, shipyards, buyers, EPCI and EPC contractors, oil companies, insurers, P&I clubs, designers and equipment suppliers in both a contentious and advisory capacity.
Shawn is dual-qualified as an English solicitor and as a barrister and solicitor in New Zealand. His contentious work has included acting in ICC, LCIA, SIAC, LMAA, UNCITRAL and ad hoc arbitrations, as well as in English court proceedings and in an advisory capacity in relation to court proceedings in many other jurisdictions.

His non-contentious work involves assisting clients in the negotiation and drafting of energy, construction and shipbuilding contracts as well as conducting due diligence investigations into target companies.

Shawn was recognised in the 2020 Legal 500 rankings in each of the Shipping; Oil and Gas Projects; and Construction Disputes categories.

 

Work experience
2018- Partner, Wikborg Rein, London_NEWLINE_2016-2017 Senior Lawyer, Wikborg Rein, London_NEWLINE_2008-2016 Associate/Senior Associate/Managing Associate, Ince & Co, London_NEWLINE_2004-2007 Lawyer, DLA Piper, Wellington
Education
2004 LLB (Hons) BCom (Hons), University of Otago_NEWLINE_
Relevant experience
Advising multiple clients on the effect of Covid-19 coronavirus on their contractual rights._NEWLINE_National Joint Stock Company Naftogaz of Ukraine v Public Joint Stock Company Gazprom [2019] 2 Lloyd's Rep 20: Acting for Naftogaz seeking to enforce an arbitration award of US$2.6 billion against Gazprom in England. Successfully obtaining a freezing injunction over Gazprom's assets and security._NEWLINE_Lead counsel for an oil company in an UNCITRAL arbitration subject to Brazilian law in relation to disputes between members of a consortium arising under a Joint Operating Agreement, including responsibility for delay, the right of forfeiture and compensation due in such circumstances._NEWLINE_Acting for a Chinese shipyard in a US$200 million dispute in relation to the termination of a contract for the construction of a drilling unit, including successfully seeking an ex parte injunction to prevent a call on refund guarantees issued._NEWLINE_Acting for the owner of a drilling unit in a US$10 million dispute against an oil company for unpaid hire and fees arising from a drilling campaign._NEWLINE_Acting for a shipyard in LMAA arbitration in relation to the termination of a contract for the construction of a car carrier._NEWLINE_HPOR Servicos de Consultoria Ltda v DryShips Inc & Anor [2019] 1 Lloyd's Rep 260: Successfully defending a drilling contractor against a claim from an agent for approximately US$18 million in commission in relation to drilling contracts entered into with a third party. The case included consideration of the fiduciary obligations owed by an agent in circumstances where the agent had been found to have acted corruptly in relation to other, unconnected, contracts._NEWLINE_Acting for the buyer of a series of chemical tankers in multiple LMAA arbitrations to recover damages in respect of the condition of tankers which had been delivered and refund of instalments for undelivered vessels._NEWLINE_Acting for a shipyard to recover unpaid instalments in relation to the termination of contracts for the construction of two cruise vessels._NEWLINE_Acting in LCIA arbitration for the designer and builder of a FPSO topside module to resolve disputes with its client as to delay and outstanding fees._NEWLINE_Acting for various drilling companies to recover hire and termination fees following the early termination of drilling contracts in the North Sea, West Africa, Mediterranean and South East Asia.
Publications
LexisNexis PSL Arbitration - Contributing Author LMAA Arbitration_NEWLINE_