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Andrew Pike

Andrew Pike

Head of Ports, Transport and Logistics and Project Finance Practice member
Durban, South Africa
T: +27 31 109 1156
E: andrew.pike@bowmanslaw.com
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  • Overview
  • Experience
  • Publications & Insights

Overview

The challenges of moving freight off or onto the African continent are legion, with many moving parts, regulatory hurdles and capacity constraints to navigate. Andrew facilitates the flow of clients’ cargo from its source to the sea and vice versa, including to or from a port and onto or off a ship and all the way to the end destination, spanning rail, road, storage, terminal operations, logistics and warehousing.

He has more than 30 years’ experience of shipping, ports, logistics and project finance, including ports projects, concessioning, offshore marine supply infrastructure and container terminals.

His approach is outcomes driven and business focused, emphasising practical and sustainable solutions that keep the wheels of business moving for his clients. He has strong negotiating skills and good relationships that enable him to find sensible, mutually acceptable solutions, even when parties are initially out of step with each other.

Education

  • Bachelor of Arts, University of the Witwatersrand
  • Bachelor of Laws, University of the Witwatersrand

Professional memberships

  • Fellow of the Institute of Risk Management of South Africa (FIRMSA) (2001)
  • Past-President, Maritime Law Association of South Africa
  • Past-Board Member, Ports Regulator of South Africa

For example, he successfully represented MSC Cruises in negotiating a concession agreement with Transnet that satisfactorily mitigated his client’s risk concerns and simultaneously met Transnet’s basic requirements for risk allocation. The result was the construction and operation of the Mandela Cruise Terminal, which has transformed Durban’s cruise ship industry.

Andrew’s non-contentious work includes due diligence investigations, risk assessments and transactional work such as legal structuring and drafting contracts, trading terms, service agreements and throughput agreements. He also drafts, reviews and comments on transport regulations and legislation.

The contentious side of his work includes contractual disputes and shipping collisions, groundings and other casualty matters. He was part of the legal investigation into the greatest maritime rescue in South African history, the sinking of the passenger ship Oceanos off the Eastern Cape Coast in 1991. Twenty eight years later, he authored a gripping book on the incident, titled Against All Odds: the epic story of the Oceanos rescue. This was subsequently also released in North America as Mayday off the Wild Coast.

A past president of the Maritime Law Association of South Africa and Fellow of the Institute of Risk Management of South Africa, he conducts shipping training and lecturing for various industry bodies and is regularly invited to speak at local and international conferences.

Specialist Services

Relevant Experience

Andrew has executed and participated in extensive contentious and non-contentious matters, some of which include:

  • Advising Petredec and contractual support on LPG storage facilities and logistics in Richards Bay and Mauritius.
  • Advisor to MSC Cruises S.A. and their subsidiary, Kwazulu Cruise Terminal on their bid to Transnet National Ports Authority to establish a new cruise terminal in Durban; Negotiating the concession agreement to close; Ongoing advice and contractual support on implementation and construction of the new terminal (ongoing).
  • Lead partner on a port concession in Saldanha Bay for the financing and development of an offshore marine supply base.
  • Viability study and PPP transaction advisory services (legal and risk assessment), new Durban dig-out port.
  • Legal advisor (ports and shipping) to the sponsor of a LNG project in Matola, Mozambique (ongoing).
  • Ports regulatory advice to Business Unity South Africa on the award of the RMIPP tenders to Karpowership.
  • Port and logistics study in a consortium with WSP for APM Terminals, Nigeria.
  • Extensive logistics advice and contractual support to the LBH Group in South Africa and Mozambique, particularly in connection with the logistics and port management contracts awarded to them in Northern Mozambique in connection with the gas exploration.
  • Extensive commercial advice and drafting of documents in the shipping, logistics and petrochemical industries.
  • Feasibility, legal and operational structuring, ENRC railway transport system and port coal terminal, Nacala, Mozambique.
  • Atuabo Freeport Ghana, drafting Freeport user agreement, port and aerodrome regulations.
  • Transaction advisor for South African port bulk handling terminal acquisition, ownership structuring (PPP) and usage conversion.
  • Due diligence study (port and terminal sector, commercial and legal) in respect of Grindrod Ltd, a multi-national (listed company) port and terminal operator and logistics provider.
  • Transaction advisor on marine transport project (confidential) in the Great Lakes region, including negotiations and contractual arrangements with port and transport authorities, EPC contract for ship construction, contracts of carriage, trading terms and associated advice.
  • Facilitation of annual risk assessment for shipping division of Grindrod Ltd (Island View Shipping).
  • Numerous commercial transactions for various dry bulk and liquid commodities including sale and offtake agreements, trade finance, terminal throughput, transport and other associated agreements for miners, traders and manufacturers.
  • Legal structuring, contractual and transactional advice for Cutler Complex, the national keypoint liquid bulk storage and handling complex in Durban.
  • Service agreement for Luba Freeport, Ghana stevedore tender.
  • Drafting and review of bulk terminal regulations, trading terms and throughput agreements for Matola (TCM) and Walvis Bay bulk handling terminals.
  • Drafting and commenting on South African transport legislation for South African Maritime Safety Authority.
  • Commenting on and drafting of Maputo and South African port legislation, regulations, throughput agreements, logistics agreements and transport/logistics joint ventures for LBH Group.
  • Ports economic regulation as a Board Member of the Ports Regulator of South Africa.
  • Conceptualisation, advice, financial and ownership structuring and legal documentation for a number of significant port, rail and logistics projects around Africa which currently remain confidential and are in conceptual or pre-feasibility stages. Users will be well-known international names in mining and commodities trading sectors.
  • 35 years shipping litigation experience and consulting in respect of shipping cargo claims, bills of lading disputes, charter party disputes, marine (and non-marine) insurance, logistics matters and shipping casualties (most recently including the “Alina II”, “Thor Breeze”, “Dubai Sun”, “Chemstar Jewel” and “Harvest Rising”).
  • Various shipping training and lecturing (including bills of lading, international sale of goods, charter parties and Courts of Marine Enquiry) on behalf of the Institute of Chartered Shipbrokers, South African Maritime Safety Authority and University of Kwazulu-Natal.
  • Speaking at various international conferences on a variety of topics, most recently in South Africa, Nigeria and China respectively around special economic zones, maritime arbitration, liquefaction, regional trade and logistics and general average.
  • Extensive risk assessment facilitation and providing risk management training in petrochemical and mobile telecoms industries.

Signature Matters

Awards

  • Chambers and Partners consistently ranked Andrew in Band 2 for Shipping from 2017 to 2022 and in Band 1 for the same category in 2023
  • Member of the team that was awarded the 2019 “Transportation and Infrastructure Team of the Year Award” at the African Legal Awards
  • Recognised by Who’s Who Legal 2017–2018 for Shipping
  • Recognised by Best Lawyers, 2017 for Trade Law

‘Andrew Pike is an outstanding lawyer. He has great industry knowledge and commercial awareness and offers clear and straightforward advice.’

‘He is very sensible and has a good commercial nous.’ – Chambers and Partners, 2023

‘He is a force to be reckoned with.’ – Chambers and Partners, 2022

‘Durban-based Andrew Pike heads the firm’s ports, transport and logistics team. Market commentators regard him as “an expert and very experienced,” with one client describing him as “fair, level-headed and very smart,” adding: “He understands our requirements and tries to accommodate our needs.” He is regularly instructed to handle casualty and cargo disputes, as well as ports and terminals matters.’ – Chambers and Partners, 2021

‘Durban-based Andrew Pike is lauded by his clients as an “exceptional lawyer.” He is particularly well known for his high-profile ports and terminals work, with notable expertise in contentious casualties and cargo matters. Sources additionally praise him as “very approachable and very knowledgeable,” and for his ability to “link commerciality to the law.’– Chambers and Partners 2020

Publications & Insights