Helen Tung

Helen has extensive expertise in maritime law, having contributed to the development of the MASS regulations, later adopted by the IMO. She has a background in maritime security and international law and has previously served as a vessel legal policy advisor for a national coastguard.

Helen’s practice spans a wide range of commercial contracts and legal issues, including vessel purchases, ship registration, corporate structures, and claims, particularly in the Middle East. She has substantial experience in dispute resolution, including litigation and arbitration under major institutions such as ICC, LCIA, DIAC, SIAC, CIETAC, as well as under trade association rules like GAFTA and FOSFA.

Helen has also completed secondments in shipping departments in Tokyo, Seoul, and Shanghai, advising on contracts and disputes.

Areas include:

• Charterparty disputes
• Commodities
• Advising on shipbuilding disputes
• International regulations;
• Autonomous vessels
• Insurance claims
• Shipping guarantees
• Jurisdictional disputes

Representative examples include:

• Advising and working with international Yemeni family business with regards to international trade of commodities primarily grains across UAE, UK, Yemeni and Egypt counterparties
• Advising on ship building and purchasing bulk carriers working with external counsel, Marshall Islands and ship brokers
• Acting in counsel team for case of LUNA in retaining superyacht in the UAE waters
• Advising ship builders and shipping industry with regards to MASS; as first 15 lawyers working in UK team to develop MASS guidelines for UK delegation and IMO thereafter
• Working as vessel policy advisor UK Maritime Coast guard providing law and policy advice for Government and stakeholder sector regarding autonomous vessels
• Providing professional guidance, advice with regards to maritime security and international law for international shipping stakeholders including Japanese and Korean Shipping organisations
• Registered consultant for the IMO (since 2008-)
  • Providing guidance and advice with regards to ESG policies and decarbonisation
  • Selected as participant for Maritime 30/50 accelerator working with international stakeholders in providing solutions in international maritime issues

• Advising clients in relation to sanctions matter, legitimacy in relation to Libya and breach of contract
• Advising one of MENA’s largest space AI company Bayanat on sponsorship deals with space/maritime/transport events up to 2.5 million AED and advice on necessary protocols for various stakeholders including government and private sector
• Advising newspace startups; investors and relevant entities in the setup, operation and legalities of setting up in the UAE and providing the relevant advice in terms of laws and policy ramifications
• Reviewing Framework Agreements with key players like Etisalat, Yahsat, ICEYE and AI and tech suppliers
• Assisting in trademark registration in over 100 countries including under Madrid and National systems
• Registration and compliance under TRAC certification and in relation to sanctions requirements
• Reviewing and supervising shipping and commodities contracts; setting up SPV with Marshall Islands and coordinating ship finance and working with external counsels on matters including corporate structures in UAE, Egypt, Singapore and Yemen
• Reviewing hotel agreements, F&B lease agreements, annual rentals, fit-outs & working with international team for high end property developer
• Advising the largest Global ESG commodities trading company, in areas including oil & gas and carbon; developing their compliance registry across UK, US and Australia; drafting and advising their authorities structure; dispute resolution clauses; drafting, advising and developing internal & external stakeholder policy statements including data protection, AML, whistleblower & anti-slavery policies; development, review and advice of contract registry including SaaS, IT/IP, subscription, brokerage and service agreements, auctions and reviewing contracts of potential third party tokenization proposals; advising multiple entity companies and subsidiaries in coordination with internal counsel in US, UK and Australia; reviewing and liaising with business with regards to taxation provisions and structures including company setups in offshore jurisdictions with relevant providers
• Advising an Asia-Pacific-wide resourcing company headquartered in Japan with offices in Singapore, and Australia. Reviewing, drafting and providing legal advice on commercial risks, standard terms and in-house compliance and risk management procedures. Contracts including service personnel, HR matters, maintenance and supply agreements; and dispute matters, including advising and advocating for client
• Advising a long established forex and trading company headquartered in Hong Kong and across multiple jurisdictions across the MENA region and operating globally. As Senior Legal Counsel, Helen assisted the Dubai office to ensure regulatory compliance, advising on corporate structure, disputes and liaison with internal and external counsel under LCIA & DIAC rules regarding litigation and arbitration. Reviewing and advising on marketing, supply, brokerage and internal contracts as well as data protection issues as well as researching and advising on international developments in relation to cryptocurrencies and especially the onset of new regulations; research, advising and liaising with external counsel on cryptocurrencies regulation globally, including upcoming regulations and consultations(MultiBank, Feb 2021- May 2021) ● Working as interim Head of Dubai International Financial Centre (DIFC) UAE supervising 2 junior lawyers on commercial disputes including providing advice on investments for foreign investors, family offices including against major Swiss banks; advising and supervising arbitral and litigation matters and engaging with clients across MENA and globally and worked under SIAC, LCIA, DIAC rules
• Reviewing over 300 reinsurance contracts on rocket launches and satellites and project managing annual audit; including advising on contractual and any dispute resolution matters; assisting in the review and draft of the UAE reinsurance law and policies
• Acting as MINERVA fellow at the EU- Japan Centre, advising the Japanese Government on a $20m USD Sustainability Development Fund taking investors to ESA BICs, 6 country tour across 3 weeks to visit Harwell, Darmstadt, Toulouse Aerospace Valley, Luxembourg, Spain, Stockholm introducing investors to startups and Sovereign Wealth Funds
• Acting as General Counsel, Co-Founder of satellite propulsion startup, securing 400,000 EURO & winning prize at Luxembourg Space Masters, providing advice on NDAs, strategy and approach to investors and research and conducting enquiries on company setup including Luxembourg and relevant offshore jurisdictions

• Acting as counsel for alleged sanctions related matter under Charter Party dispute under LCIA Project managing 4 + arbitrations under LMAA, regarding GAFTA contracts, FOSFA, BIMCO and in multiple jurisdictions including Singapore, Egypt, Pakistan, UAE, UK and Yemen and working with external counsels on enforcement of arbitral awards
• Acting as part of in-house legal team working with external counsels with regards to a high profile facade arbitration under DIFC-LCIA rules over an internationally recognised architecture building in the business centre of Dubai on a defence and counterclaim worth over $250 million USD; and working closely with hotel and quantum experts
• Representing client on $95million USD aircraft leasing dispute including enforcement of judgment, freezing orders and numerous applications involving onshore, offshore, London and New York, in the DIFC
• Advising client in relation to a dispute over a $350m superyacht, related to a high-profile divorce case UK
• $17 million USD debt dispute at the DIFC Courts
• Advising the Capital Club UAE on employment dispute over contractual agreement and in context of COVID19 (June 2021-August 2021) at the DIFC Court
• Acting as counsel and advising in a 15 year long partnership property dispute involving LCIA and disputes at High Court, UK
• Acting as counsel for fraud dispute at the Court of Appeal (approx 10 years long)
• Acting as counsel & advisor in relation to shipbuilding, shipping guarantee and sanctions cases worth over $5m USD
• Advising and representing client in construction dispute related to two major off-plan structures valued over $50 USD million
• Drafting defenses in relation to transfer of funds of a sale of a ship in the context of US sanctions investigations
• Advising multi-jurisdictional bankruptcy matter specifically in relation to a major Indian construction company and two subsidiaries in Singapore and UAE
• Representing a prominent Kuwaiting Family Office in relation to longstand mis-selling disputes under DIAC and then DIFC-LCIA
• Representing Client in blockchain startup dispute under DIFC- LCIA rules
• Acting for client regarding dilapidations works done at a prominent hotel and decommission of mining company in Australia

• Gray's Inn Board member
• IISL Commonwealth Lawyers IPBA

• Mandarin
• Cantonese
• Arabic
  
• Basic Japanese

• The use of Border Tax Adjustment as a tool to reduce greenhouse gas emissions
• Women Business Lawyers
• EU & IP update 2013
• Eco-Cities
• Unmanned Maritime Systems (Vessel)
• Women on Boards: An Update
• Legal Perspective on PCA Judgement –an analysis Philippines v China
• Unmanned Maritime Systems and Unmanned Maritime Vehicles
• Maritime Autonomous Surface Ships up to 24 Metres in Length
• Weather Forecasting and the Power Industry: Smallsat System for Energy Providers and Consumers
• Rising Waters
• Liability for operations in Unmanned Maritime Vehicles with Differing Levels of Autonomy Deliverable: Final Report
• Lexis ® Middle East The Impact of the New DIFC Data Protection Law
• Force Majeure & Coronavirus: Analysis of the UAE and China, and Market Overview
• Jury Nullification: An Interpretation of an American perspective

1. This is a privacy notice that describes how, why and for how long I will process or keep your personal data in accordance with the General Data Protection Regulation (‘GDPR’).
2. The GDPR governs how an individual’s personal data is used, and your rights in relation to that data.
3.  I, Helen Tung, have been instructed by you or your litigation friend (usually a parent), through your solicitor or agent, or via the Bar Pro Bono Unit.
4.  It is necessary for me to process your personal data in order for me to provide you with legal services, for example:

• Advise on the prospects of litigation;
• Advise on the value of your claim;
• Representation at a court hearing;
• Representation at trial;
• Advise, review or comment on legal issues or evidence.

5. Processing means anything done to data such as: recording, organising, adapting, altering, copying, consulting, transmitting, combining, erasing or storing it.

6.The processing for the purposes listed above will take place in accordance with either Article 6(1)(a) GDPR or Article 6(1)(b) GDPR, depending on how you instructed me.

7. If you have instructed me on a direct access basis, or engaged a solicitor (or legal agent), to assist you in bringing or defending a claim then the processing is necessary to perform a contract to which you are a party (Article 6(1)(b) GDPR). To give effect to that contract (i.e. to bring a claim) it is necessary for me to process your personal data for litigation purposes.

8. If I am assisting you on a pro bono basis, it will be necessary for me to seek your consent to be able to represent you (Article 6(1)(a) GDPR). In this scenario, you will be sent a consent form.

Recipients of your data

9.  I may also be required to share your data with others, depending on the nature of your case. This may include:

(i)  Courts and other tribunals to whom documents are presented;

(ii) Your solicitors, or agent representing you, through whom I have been instructed;

(iii) Potential witnesses, experts and other persons involved in the case;

(iv) Solicitors, barristers, or other legal representatives;

(v) Ombudsman and regulatory authorities;

(vi) Education and examining bodies; and

(vii) Current, past or prospective employers.

Special Categories of Data

10.  In some cases I will have been given your personal data that is within the ‘special categories’ of data described in GDPR Article 9(1). For example, personal data that reveals your race, ethnicity, sexual preferences, political or religious beliefs, trade union membership or health. There are also restrictions for processing information regarding criminal convictions.

11. This type of personal data will only be processed where it is necessary in order to represent you in your legal claim, or advise on the prospects of a legal claim.

Retention

12. I will retain your personal data for no longer than is necessary, and where it is possible, I will anonymise your data.

13. How long your personal data is kept will depend on a number of factors. The retention period will be reviewed when the service I am providing you with is complete. However in general, I am obliged by the Bar Code of Conduct to retain records of my cases, and by HM Revenue and Customs to retain records for 6 years.

14. Once your case has concluded and fees have been paid, I shall retain only the personal data necessary for the following purposes:

(i) The legal and professional obligation to retain information relating to my cases;

(ii) To check for any potential conflict of interests that may arise in the future when I am instructed on other cases;

(iii) For use in the defence of potential complaints, legal proceedings or fee disputes;

(iv) To refer back to in future cases which raise similar legal, factual, or procedural issues.

15. The processing for the purposes listed in paragraph 14 (ii), (iii), and (iv) above, will take place in accordance with Article 6(1)(f) GDPR. That is, for the purposes of legitimate interests that are not outweighed by your interests or fundamental rights and freedoms.

16. The processing for the purposes listed in paragraph 14(i) above, will take place in accordance with Article 6(1)(c) GDPR. That is, the processing is necessary for me to comply with a legal obligation. 

Your Rights

17. Where processing of your personal data was based on your consent (see paragraphs 6 and 8) you have the right to withdraw that consent at any time. This does not affect the lawfulness of the processing based on consent before its withdrawal.

18. Withdrawal of your consent to process such data will most likely mean that I am no longer able to provide you with the legal services you seek.

19. You may request confirmation that your personal data is being processed by me and details about the personal data, the source, the processing, the purposes of the processing, the recipients and the retention period.

20. You may request a copy of your personal data that is being processed by me. You may also request rectification (i.e. correction) where there are inaccuracies in the personal data.

21. You have the right to object, on grounds relating to your particular situation, at any time, to processing of your personal data in paragraph 14 of this privacy notice. Should you object, the processing will only continue where there are compelling legitimate grounds for the processing which override your fundamental rights, freedoms and interests. 

22. Where the processing or retention of your data is necessary for the establishment, exercise or defence of legal claims, it will not be possible to object. 

23. You have the right to request that your personal data is erased where any of the following apply:

(i) The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed;

(ii) You withdraw your consent where the basis of processing was based on consent and where there is no other ground for the processing;

(iii) Where your fundamental rights, freedoms and interests override the legitimate interests of processing in paragraph 14;

(iv) The personal data has been unlawfully processed; or

(v) The personal data have to be erased to comply with a legal obligation.

24. You have the right to request that your personal data is restricted from processing, so that it is simply stored, for the following reasons: as an alternative to deletion; so that it can be corrected; for the establishment, exercise or defence of legal claims; to verify if a legitimate ground exists (paragraph 14).

25. Where it is necessary to correct your personal data, or you have requested the restriction or erasure of your personal data, I shall endeavour to contact the recipients of the personal data, unless this involves disproportionate effort. 

Security

26. I take appropriate physical and technical procedures to safeguard your personal data to prevent it from being accidentally lost, used or accessed in an unauthorised way. 

Complaints or Queries

27. If you have any questions regarding this privacy notice, or how I use your personal data please email me: mailto: helen.tung@tbgbarrister.co.uk, or my clerks: clerking@thebarristergroup.co.uk telephone 01823 247 247.

28. I shall aim to respond as soon as possible, and within 30 days.

29. You have the right to complain to the Information Commissioner's Office (ICO) if you believe I have not handled your request in an appropriate manner. For information on contacting the ICO please go to: https://ico.org.uk/global/contact-us/