Profile description
Work Undertaken Advising and representing in respect of liability for the sinking of a vessel within Defendant’s wet berth and drydock facility. Advising and representing in respect of collisions between vessels and by vessels with harbour structures raising issues as to liability and betterment. Charterparty dispute concerning frustration of long term contract of affreightment worth several million dollars. Regularly advising on the proper interpretation and effect of commercial documents with ad hoc terms and/or incorporating international conventions including bills of lading, charterparties and other Areas of Experience Shipping International Trade and Finance Commodities Employment Arbitration Contact Clerks Telephone: 020 7440 6900 Email: clerks@36stone.co.uk Contact Ishfaq iahmed@36stone.co.uk contracts. For example, recent advices have related to the proper interpretation and exercise of a lien/cesser of liability clauses, the proper measure of damages, war risks clauses, deviation, deadfreight clauses, package limitiation, “knock for knock” provisions in a towage contract, the meaning and effect of ad hoc provisions in ship-building contracts, the Hague/Hague-Visby Rules, the CMR convention and the Warsaw Convention (as amended). Anti-suit injunctions obtained in respect of foreign proceedings brought in breach of English jurisdiction/arbitration clauses and/or vexatiously. Advising and representing in court in respect of relief under s.44 Arbitration Act 1996 and applications for freezing injunction and security for costs. Advising on and representing in respect of applications under s.9 (stay of legal proceedings), s.67 (substantive jurisdiction challenge to award) and s.68 (serious irregularity challenge to award) and appeals on point of law under s.69 Arbitration Act 1996. Arbitration concerning liability for Charterers’ rejection of delivery of gasoil on the basis of faulty discharge machinery raising complex factual, expert and legal issues. Advising on the application of the Iran sanctions regime and impact on contractual obligations (e.g. Owners’ carriage obligations) and subsequent remedies. Manufacturer’s and supplier’s liability in respect of faulty parts supplied for ship engines. Consideration of the Brussels I regulation and the ECJ Owusu v Jackson decision and its impact on jurisdiction clauses and parallel proceedings in respect of non-Regulation states.
International Trade FOB/CIF sale contracts. Documentary credits and associated finance. Arbitration International and domestic maritime and commercial arbitration. Lloyds Form Salvage Arbitration. Insurance Disputes as to coverage and non-disclosure. Construction of policies. Conflict of Laws & Jurisdictional Disputes ?? Anti-Suit Injunctions and other jurisdictional and interim relief. ?? Brussels/Lugano Conventions & Council Regulation (EC) No 44/2001. ?? Choice of law for contractual and non-contractual obligations: Rome I Regulation (EC) No. 593/2008 and Rome II Regulation (EC) No. 864/2007. Shipping Domestic and international carriage of goods. Charterparty and bill of lading disputes including Hague/Hague-Visby Rules, unseaworthiness claims, unsafe port disputes, disputes as to demurrage, hire and detention, liens. General Average. Collision, Salvage & Towage disputes. Fatal and non-fatal marine accidents. Maritime Limitation of Liability. Employment All aspects of employment law and related disputes, including: 1. Contracts of employment (terms, restrictive covenants, interpretation and breach)