Simon Gault

Simon Gault is recognised in shipping circles as an effective, hardworking and user friendly mediator and arbitrator. He uses the negotiating and adjudicative skills which he has acquired during his career as a shipbuilder, barrister, recorder, company director and company chairman in his work as a mediator and arbitrator.

Simon recognises that although the immediate focus of most commercial disputes will often be the financial outcome, the parties will usually wish to preserve or develop a good commercial relationship after the immediate dispute has been resolved. He encourages an atmosphere in which the resolution of the immediate commercial disputes can be achieved without damage to the parties’ longer term interests.

Simon has conducted many mediations in which the parties have reached an amicable and satisfactory resolution of some or all of the issues between them either at the mediation itself or shortly afterwards. He achieves results by a flexible and innovative approach to resolving the problems facing the parties. Having helped many people resolve the conflicts in their commercial affairs, Simon will always encourage discussion before resorting to or pursuing litigation or arbitration.

If a party has any questions about the way ahead or simply wishes to discuss alternative ways of bringing their conflict to a speedy conclusion, Simon is happy to speak to any party in a dispute on the telephone before being instructed. After being instructed in a mediation, he likes to speak to representatives of the parties before the mediation gets underway to discuss the appropriate procedure and to give the parties an opportunity to raise any preliminary points with him.

Experience:
Simon has a very wide range of experience in shipping matters. He got his hands dirty by working in almost every available capacity in a shipyard from specification and drawings through construction, launching, fitting out to final delivery. He spent his career at the bar dealing mainly with shipping related disputes. He has been a director and chairman of a shipping and industrial group involved in bulk carriers, cruise ships, fishing vessels, and rig stand-by vessels. He has mediated or arbitrated multi-party disputes involving disputes arising out of charterparties, bills of lading, marine insurance, ship finance, non-marine insurance and other commercial contracts.

Simon has also had a great deal of experience in finance, particularly in finance of ships and aircraft. He has been involved in the whole spectrum of this area of finance from initial loan through to workout and enforcement and is familiar with the problems both from the bank’s perspective, from the borrower’s perspective and from the perspective of other parties which may be involved.

Simon has also considerable experience in environmental matters. These range from the consequences of massive pollution at sea, such as occurred when the Amoco Cadiz went aground off Ushant, through the consequences of a derailment of a train of tank wagons carrying petroleum products leading to fire and substantial pollution of domestic waterways, to the consequence of the escape of heating oil from a tank serving a building estate. Simon has also lectured on the legal effects of pollution.

Personal:
Simon Gault is a senior barrister with many years of in-depth, hands-on, experience in conducting, adjudicating, mediating and arbitrating a wide range of commercial and other disputes. During his career, he has had to deal with most problems that can arise in a commercial setting. Before qualifying as a barrister, he spent 5 years in the shipbuilding industry both in the United Kingdom and abroad. He has also had long experience of business as a company director and company chairman of a shipping and industrial group. He is a member of the Incorporated Council of Law Reporting.

Simon’s advice to clients is always clear, objective and practical. He encourages intelligent and inventive solutions to difficult problems, which are not restricted to legal remedies. Where parties wish him to do so, he will give a view on the merits of a dispute or the reasonableness of a proposal. His views are always carefully thought out, well researched and cogently expressed.

Simon is the general editor of a well known legal text book on Collisions at Sea, and has written a large part of the last two editions. Recently, his views on interim measures of protection in international arbitration have been sought by the DTI.

Simon is married with two grown-up children. In his spare time, he is an enthusiastic diver, skier, climber and traveller. When he was younger, he was a keen sport parachutist.