Simon Foote QC

Service: Arbitration

LLB (Hons) – DipICArb – FCIArb – FAMINZ

Simon was admitted to the bar in 1993 and has practiced as a barrister sole since 2002. He has a wide range of experience including five years as a litigator at Russell McVeagh, two years with the International Arbitration Team at Clifford Chance in London and several years as a Crown Prosecutor.

His current litigation practice encompasses general commercial litigation with particular interest and experience in international and domestic arbitration, investment treaty arbitration, construction, copyright, fair trading, health and safety, conflict of laws, and estate matters.

Simon graduated LLB (Hons) from the University of Canterbury in 1992. He also holds a Diploma in International Commercial Arbitration (DipICArb, UK) and is a Fellow of the Chartered Institute of Arbitrators (FCIArb) and the Arbitrators’ and Mediators’ Institute of New Zealand (FAMINZ (Arb)). Simon has been published in the New Zealand Law Journal and contributed a chapter to a forthcoming book, Evolution in Investment Treaty Law and Arbitration, Cambridge University Press, 2011 (Brown and Miles, ed).

Simon has considerable advocacy experience up to Court of Appeal level including several dozen civil and criminal trials in the District and High Courts. Highlights of his career to date include:

  • Junior counsel (to David Williams QC) for Philip Morris Tobacco in current investment treaty arbitration against Australia concerning legislation mandating plain packaging of cigarettes;
  • Lead counsel for Mainzeal Construction Limited in a leaky apartment tower matter worth approximately $20 million;
  • Junior counsel (to Tom Weston QC) for Genesis Power in long running litigation against Carter Holt Harvey and Rolls-Royce concerning the construction and operation of a cogeneration plant in New Zealand. This matter culminated in a nine month trial in the High Court before Cooper J in 2009-2010;
  • Successful defence of a project manager in leaky home litigation;
  • Acting for a major US energy company in UK litigation concerning construction of a cogeneration plant in Derby, UK including month long trial in the High Court at London;
  • Acting as one of the Tranz Rail’s counsel in criminal negligence and health and safety prosecutions and at the 2000 Ministerial Inquiry into Health and Safety in that industry;
  • Counsel for the national Taiwanese Shipping Register in High Court litigation primarily concerning jurisdictional and duty of care issues;
  • Counsel for the successful party in the Court of Appeal’s leading decision regarding director’s liability under the Fair Trading Act;
  • Prosecution of serious crimes in District and High Courts;
  • Counsel in several Family Protection Act claims and a High Court constructive trust/promissory estoppel case concerning a multi-million dollar farming property in the South Island;
  • New Zealand’s “Bollywood” copyright barrister between 2005-2007 acting for the major Indian movie production houses and their local distributors.