Represented shipowners in US$ 160 million fraud claims brought by charterer for breach
of charterparty on grounds of delivery of nonconforming vessel.
Members of Essex Court Chambers were instructed in two of the cases selected by i - law as its eight «most notable
charterparty disputes of 2014 ″.
In Fiona Trust v Privalov [2007] EWCA Civ 20, [2007] All ER (D) 169 (Jan) the issue was whether or not a claim for rescission of eight standard form
charterparties on the grounds of alleged bribery was outside the terms of an arbitration clause.
He has had extensive experience
in charterparty work, bills of lading, cif and fob disputes, letters of credit, ship management issues and general commercial contract disputes.
Tom Whitehead concentrates on disputes arising
under charterparties and bills of lading, ship sale and purchase, shipbuilding contracts, collisions and salvage.
Trevor advises on a wide range of maritime disputes,
including charterparty disputes and cargo claims, foreign arbitrations, and casualty investigations.
Re LMAA arbitrations (2011, confidential, ongoing): multi-million dollar disputes under a string of long term
charterparties arising out of premature termination, related world wide freezing injunctions.
Prior to working in knowledge management, Rebecca was a senior shipping litigator at the firm and advised on a wide variety of shipping disputes, primarily
involving charterparties, bills of lading and shipbuilding / rig - building contracts.
Highly experienced in dealing with a wider range of commercial shipping matters, she is regularly instructed to provide guidance to owners on ship sale and purchase and ship registration, on
bareboat charterparties and flagging, on shipbuilding contracts, on settlement agreements, on pool agreements and on shipmanagement agreements.
As well as dealing
with charterparty and bill of lading disputes he has considerable experience of shipping finance, newbuilding and vessel repair and ship sale / purchase transactions.
Contract — Formation — Negotiations for charter of vessel — Owners» offer expressed to be «Subject to review» of charterer's pro
forma charterparty «with logical amendment» — Whether binding contract concluded — Whether any concluded contract void for uncertainty.
The «Tychy» [1999] 2 Lloyd's Rep 11; The «Tychy No 2» [2001] 1 Lloyd's Rep. 403: Chris was instructed on behalf of the Defendants in this dispute arising out of a
slot charterparty operated under the TACA conference agreement.
The appellant was the owner of a vessel which was chartered on 10 July 1998 for a time
period charterparty of seven years.
«GS»: Counsel on behalf of Claimant Owners in relation to an LMAA
Arbitration Charterparty dispute concerning shipment of an alleged dangerous cargo of bulk iron ore.
Numerous charterparty, BL and COA disputes involving diverse subject matter including short delivery, cargo damage, hire, speed and consumption, safe port, drydocking, demurrage and bunkers.
Tom acted for PDV Marina in this high value Commercial Court litigation concerning claims for hire ($ 65M +) under
alleged charterparties and guarantees which settled shortly before trial after a series of contested specific disclosure applications.
Represented charterer against shipowners in LMAA arbitration proceedings arising out of
charterparty purportedly concluded by shipbrokers on behalf of client.
In addition, Rovine has extensive experience handling memorandum of agreements (MOA) disputes, negotiating and
drafting charterparty terms and long term supply contracts, sanctions advice (relating to Iran, Syria, Ivory Coast), shipbuilding disputes and in relation to marine fraud investigations and asset tracing.
The judgment is also the first of its kind ordering the recognition and enforcement of a foreign arbitral award made on the basis of an
unsigned charterparty.
On 26 March 2018 the Commercial Court ruled, in an extremely succinct decision, that a warranty in a
voyage charterparty that a berth is «always accessible» encompasses both entry to and exit from the berth.
Michael advises on a wide range of shipping, shipbuilding and offshore, international trade and commercial litigation issues
including charterparties, memoranda of agreement, shipbuilding and offshore construction contracts, marine and commercial insurance, agency agreements, letters of credit and commercial notes.
«MV Gallant»: appeared on behalf of shipowners in German arbitration (Hamburg), in relation to
charterparty dispute referred to arbitration subject to the Rules of the German Maritime Arbitrator's Association.
Evidently, this decision may have important implications from a shipping perspective for those looking to
terminate charterparties, construction contracts and ship sale and purchase contracts where there is a common law and a contractual right to terminate.
Advised and acted in a large number
of charterparty, bill of lading, second hand ship sale and purchase, shipbuilding and shipbroking claims, including cases concerning the cancellation of charters, demurrage, employment clauses and hire (and off - hire).
The charterparty between West Tankers and Erg was governed by English Law and provided for arbitration in London.
Hence an issue about whether
the charterparties had been allegedly induced by bribery and rescinded by the shipowners on discovery of the bribery was properly to be determined by reference to the arbitration clause, which was a separate contract and — absent any special reason impeaching the same — remained in existence to resolve that issue.
The shipowners» claims before the English court for, inter alia, declarations that
the charterparties had been validly rescinded were accordingly stayed pursuant to AA 1996, s 9.
The shipowners contended that the insurers» claim — arising as a result of rights of subrogation from the charterers of the vessel, who also owned the jetty — fell within the arbitration provision contained in
the charterparty.
The practice undertakes work on port and terminal operations, health and safety matters, policy and risk management as well as all aspects of
charterparties, bills of lading, and the supply and carriage of goods by sea, including cargo recovery.
This case is a leading case both as to the exception of «abnormal occurrence» in the definition of
a charterparty safe port warranty, as well as the limits of an insurers right of subrogation against a joint insured.
Charterparty (Voyage)-- Charterparty containing cancelling date but no ETA — Nature of owners» obligation to commence approach voyage — Whether obligation absolute or to use due diligence — Vessel delayed through no fault of owners — Whether owners in breach of obligation in relation to approach voyage.
David Joseph has acted in a broad range of LMAA and High Court litigation arising out of shipbuilding and repair,
charterparties, rig construction and repair, luxury yachts, bills of lading, contracts of affreightment and the sale of goods.
Appeared successfully for a Chinese multi-national company in
a charterparty dispute seated in Hong Kong.
The A: Chris was instructed on behalf of the Claimant charterers and bill of lading holders in this unseaworthiness arbitration in which the tribunal issued an interim award in Chris client's favour in relation to the question of incorporation of the Hague Rules into
the charterparty.
Chris was instructed on behalf of the Claimant owners in this dispute concerning the proper construction of the termination provisions of
a Charterparty for the provision of oil rig anchor handling vessels in the North Sea.
His extensive experience includes all aspects of both wet and dry work ranging from salvage, collisions and towage to
charterparty and bill of lading disputes.
The claim (and a related claim for hire due under
a charterparty covered by the joint venture agreement) was subsequently determined by the appointed arbitrator.
The owner argued that it should be able to recover damages from 17 December 2001, the date of acceptance of the repudiatory breach, up to 6 December 2005, the earliest date on which
the charterparty could be terminated.
The charterparty contained the war clause and it was therefore within the contemplation of the parties that the charter might be terminated early if the war clause was triggered by an outbreak of hostilities.