Nick Humphrey

Full Profile

Nick represents international airlines, aircraft and ship operators and owners, fixed based operators (FBO), airports, ports, maintenance and repair organisations and trade credit providers, their brokers and insurers on a broad range of contentious and non-contentions matters. Nick advises (re)insurers and brokers across a number of specialised product lines (including aviation, marine, ground transport, trade credit, property, casualty and war risk) on liability, defence, subrogated recovery, coverage and policy drafting issues. 

Nick has acted as counsel and advocate obtaining successful outcomes under a range of institutional arbitration rules involving complex cross-border disputes (eg as DIAC, LCIA, ICC and GAFTA) and has litigated disputes in the offshore courts of the DIFC, ADGM, BVI, Cayman Islands and Bermuda. 

In the emerging technology space, Nick has advised manufacturers, investors and operators of unmanned aircraft systems (UAS), eVTOLs and Vertiport on complex regulatory issues in the development of Urban Air Mobility ecosystems.

Prior to joining Clyde & Co, Nick was a partner at a global law firm and held in-house roles at the Emirates Group as the principal lawyer for data’s global ground handling and cargo operations, and a defence logistics contractor engaged to provide multimodal end-to-end supply chain operations for NATO, ISAF, the United Nations and the UKMOD.

Experience

Airport Projects 

• Advising on 25-year airport license and development agreements across various airports in Africa including: Berbera International Airport Somaliland; Bossaso Airport, Somalia; Kismayo Airport, Somalia; and Nouakchott–Oumtounsy International Airport, Mauritania.
• Advising on “Build Operate Transfer” (BOT) concession agreements at: Aqaba International Airport, Jordan; and Manas and Osh Airports, Kyrgyzstan.
• Advising on ground handling, aviation security and air navigation services concession agreements for four major international airports across Afghanistan.

Aviation insurance

• Advising on the coverage under an aviation liability policy relating to the loss of a military aircraft in the Middle East.
• Advising war risk insurers on damage sustained by an aircraft caused during the Taliban’s seizure control of Afghanistan.
• Advising war risk insurers on the confiscation of a B747-400 cargo aircraft grounded in Kazakhstan.

Commercial aviation disputes 

• Acting for a UAE-based aircraft lessor in DIAC Arbitration and successfully obtaining an arbitral award exceeding US$5m against a North African airline for defaults under an aircraft lease.
• Successfully obtaining judgment in the Dubai Courts on behalf of an aircraft engine lessor against a UAE aircraft operator for breaches arising under an engine lease agreement, including application for a pre-cautionary attachment order.
• Acting for a UAE-based MRO in successfully winding up the owner of a business jet in the Courts of the Cayman Islands.

Marine / Port Projects

• Acting for a global port operator in the negotiation of a long-term concession agreement for Kismayo Port, Jubaland, Somalia.
• Advising on a joint venture with incumbent port developer for long-term investment and development program for Garacad Port, Puntland, Somalia, including advising on legal issues arising from proposed toll road and other local legal and regulatory issues with the assistance of Somali counsel.

Marine, Trade Credit and Commodity Disputes

• Defending a UAE insurer in a USD10m coverage claim before the Courts of the DIFC relating to a default under a trade finance agreement for a major commodity supplier that went into liquidation.
• Advising trade credit insurers in a USD12m claim relating to the collapse of a global commodities trading firm, including allegation of fraudulent and falsified transactions and trading documents involving investigations throughout Asia, Middle East and Africa.