Preston Turnball prep

What extra curriculars have I told them about

Negotiation Society

Mock mediation

Mooting

What shipping stuff I talked about

Volatile tariffs and market

Chinese port tariffs - CHECK UP ON THIS

Firm history

Set up in 2019 following breakaway from international firm

Firm characteristics

Sponsors and gets involved in charity events, such as quiz nights

Workplace initiatives support individual growth

Collaborative

Ranked Band 2 for Shipping in Chambers and Partners - after just 5 years

Firm matters

Bunge v Pan Ocean (the 'Sugar Ratan')

Orion shipping and Trading Ltd v Great Asia Maritima Ltd (the Lila Lisbon)

Bunge v Pan Ocean (the 'Sagar Ratan')

Quick summary:

· The Admiralty Court has handed down judgment in Bunge v Pan Ocean (the "Sagar Ratan"), a section 69 appeal which examined the extent to which Charterers can claim a vessel was off-hire on account of crewmembers being infected, in this case with COVID-19.

· The judgment provides the first judicial authority on the BIMCO Infectious Diseases Clause 2015 and the meaning of "Affected Area".

· For more information, please see https://www.preston-turnbull.com/insights/the-sagar-ratan-what-is-an-affected-area

Successful defendant represented in arbitration and appeal by Preston Turnball

The key developments set out in case law also show the development of the law through the work done by Preston Turnball further making them an interesting firm to work for

Orion Shipping and Trading Ltd v Great Asia Maritime Limited (the LILA LISBON)

CA case being brought to SC

The dispute, which relates to a failed ship sale and purchase, concerns whether a buyer is entitled to loss of bargain damages when terminating under clause 14 of the Norwegian Saleform 2012 by reason of the seller's default.

· The Buyers terminated the contract after the Sellers failed to serve notice of readiness by an extended cancelling date.

· Although the Sellers had not repudiated the agreement, an arbitration tribunal found that clause 14 entitled the Buyers to damages equal to the difference between the market value of the vessel and the contract price at the time of termination.

CA overturned Dias J's decision

Held that

· Sellers are required to exercise reasonable diligence to deliver the vessel by the cancelling date. This duty is comparable to an owner's obligation of reasonable diligence to meet a charterparty laycan, as established in The Democritos [1976] 2 Lloyd's Rep 149.

· Clause 14 does permit recovery of loss of bargain damages. The Court reasoned that cancellation due to delayed delivery results in the loss of the contractual bargain, which clause 14 was intended to compensate—even in the absence of repudiation.

Arbitration Act 2025

Makes some important amendments to the Arbitration Act 1996 but will likely be viewed by practitioners and parties arbitrating as continuity over change

S.1 - default law governing arbitration agreements

The AA 2025 overturns the common law rule to establish that, absent an agreement by the parties, the default governing law of the arbitration agreement now aligns with the governing law of the arbitration seat

It is worth noting that the new approach aligns with the existing 2020 LCIA Arbitration Rules (article 16.4), which adopts the law of the seat by default, as opposed to the 2021 ICC Arbitration Rules and 2025 SIAC Rules, which do not.

S.7 arbitrators' power to make an award on summary basis

Arbitrators have the express power to make awards on a summary basis where a party has no real prospect of success

Summary disposal is already provided for in some arbitration rules such as the ICC and 2020 LCIA Arbitration Rules (22.1) and it has always been open to parties arbitrating under different or no institutional rules to apply to a tribunal for an award on a summary basis

However, there was some hesitancy by arbitrators to utilise these provisions in fear of due process challenges

S.11 procedure to challenge under s.67 (jurisdiction)

New objections or evidence cannot be raised in challenges to jurisdiction

Under the case Dallah v Pakistan [2010] UKSC 46, jurisdictional challenges to awards resulted in a full 'de novo' review by English courts.

The AA 2025 introduces a more limited review

Boutique firm advantages

Early responsibility - boutique firms often give trainees earlier exposure to substantive work and closer involvement with clients

Working with specialists

Broader development - greater focus paid to specific training and events

Other firms I have applied to

Big firms: HFW and Reed Smith

Focus on disputes in Preston Turnbull good

Mention Campbell Johnston Clark (they did not recruit) and Tatham & Co (they did recruit)

Firm principles

Put people at the core of our business

Give back through sector related charities

Support sustainability within core sectors and generally

Virtual maritime experience

Watson Farley Williams

Things I did on the virtual experience: draft a manager's undertaking, carried out due diligence

Manager's undertaking task required attention to detail and drafting skills, as well as time management

Legal work experience

Slaughter and May open day - found out more about what work of trainee would involve

Howell's Solicitors - carried out day-to-day tasks, moving files, taking notes, making calls for the company

Preston Turnbull

Other experience

Domino's Delivery - customer service, quick-thinking, communication

Babysitting - communication

Waiter/ barman

Extra-curriculars

Durham University

Negotiation Society

Tennis

Oxford University -

· Pool team - dedication focus leadership

· Maritime Law Society - very new society (set up in 2024) - discussed current trends in maritime law such as the growth of new arbitration centres

· Mooting - contract law moot on lock-out agreements for Walford v Miles

School -

· Rhino Society

· House Prefect

· EPQ

· House Music

· Music in general

Areas of maritime law I want to discuss

Marine insurance

Shipping

International trade

Admiralty and casualty

Litigation and CDR

What are the different types of insurance?

H&M, P&I, Cargo Insurance, Freight, demurrage, and defense (FD&D) insurance, War Risks Insurance

Hull and machinery insurance (H&M)

Covers physical damage to a vessel

Issued under Institute time Clauses or Nordic Marine Insurance Plan

Protection and Indemnity Insurance (P&I)

o Covers third-party liabilities, such as

§ Crew injuries

§ Cargo damage

§ Collision liability (excess of hull cover)

§ Pollution claims (e.g., oil spills)

o Issued by P&I clubs (e.g. UK P&I, Skuld)

Cargo Insurance

o Protects goods in transit under policies like:

§ Institute Cargo Clauses (A,B,C) - covering all risks, partial risks, or minimal risks

§ ICC (A) is broadest cover (e.g. fire, collision, piracy)

§ ICC (C) is most limited (e.g. total loss only)

o The Bunga Melati Dua - court rejected the proposition that there was a rule of law that seizure of vessel by pirates amounted to 'actual total loss'

§ It is ultimately a question of fact as to whether the insured had been irretrievably deprived of possession and in this case, the seizure did not amount to an actual total loss

§ There could be no actual total loss where there was not only a chance, but a strong likelihood, that payment of a ransom of a comparatively small sum, relative to the value of the vessel and her cargo, would secure the recovery of both.

War risks insurance

o Covers risks excluded from standard H&M policies, including

§ Acts of war & piracy

§ Terrorist attacks

§ Government seizures (e.g. sanctions-related arrests)

o Issued under Institute War and Strikes Clauses

Freight, demurrage, and defense (FD&D) insurance

o Covers legal costs in disputes

o Used alongside P&I insurance

Marine insurance principles and policies

· Marine Insurance governed by Marine Insurance Act 1906, which applies in most cases today

· Insured must disclose all material facts to insurer - utmost good faith principle (note that this is different to normal contract law - in which there is no general duty to volunteer information )

· Insurance compensates losses, not profits - indemnity principle

· Warranties and policy breaches

o Under MIA 1906 s.33 - a warranty breach voids coverage

o Insurance Act 2015 s.10 softens this rule - now, coverage only suspended until breach remedied

Marine insurance current topics

War risks, sanctions & compliance

· War risks and sanctions significantly impact insurance claims

· Houthi attacks have led to increased premiums

· Insurers can refuse claims if war exclusions apply

· The B Atlantic [2018] UKSC 26—Supreme Court ruled that war risk insurers were not liable when a vessel was detained due to alleged drug smuggling. - check this

· US, UK and EU sanctions restrict marine insurance for Russian and Iranian cargo

· P&I Clubs will not cover sanctioned cargo

Ship collisions legal principles

§ The Collision Regulations (COLREGs) - Establishes navigational rules to prevent collisions.

§ The Apportionment of Fault - Courts divide liability based on each vessel's fault percentage.

§ Limitation of Liability - Shipowners may cap liability under conventions like the 1976 LLMC (Limitation of Liability for Maritime Claims Convention).

Current issues in collisions

§ Houthi attacks in Red Sea and Ukraine-Russia war are forcing ships into higher-risk routes, increasing collision risks

§ Disputes over whether war risk insurers cover these incidents

Salvage and general average

o Salvage law deals with compensation for rescuing ships in distress. General Average (GA) is when all parties share losses if cargo is sacrificed to save a vessel.

o Key legal principles:

§ The Salvage Convention 1989 - Defines when salvors are entitled to rewards.

§ Lloyd's Open Form (LOF) Salvage Agreement - A widely used salvage contract.

§ General Average (GA) & The York-Antwerp Rules - Sets out how costs are shared after a maritime casualty.

o Current issue: increased salvage operations due to climate change and geopolitics

§ More ships requiring salvage due to severe weather, increased Arctic navigation, and conflict zones.

§ Rising legal disputes over whether insurers or cargo owners bear the costs under GA rules.

Admiralty and casualty - oil pollution and environmental liability

o Oil spills and pollution incidents trigger major legal and financial liabilities for shipowners, charterers, and insurers.

o Key legal frameworks:

§ MARPOL (International Convention for the Prevention of Pollution from Ships) - Sets global pollution prevention standards.

§ Civil Liability Convention (CLC) 1992 - Imposes strict liability on shipowners for oil spills.

§ The Bunker Convention 2001 - Covers fuel oil pollution liability.

o Shipowners bear primary responsibility under CLC

o Current issue: liability for pollution for abandoned ships - legal disputes over who pays for cleanup

Current trends

· Sanctions & Trade Disruptions - Impact of sanctions on Russia, Iran, and the Red Sea shipping crisis.

· Decarbonization & ESG - IMO's 2050 Net Zero targets, carbon trading for shipping, and alternative fuels.

· Supply Chain Challenges - Panama Canal droughts, container shortages, and port congestion.

· Arbitration Trends - Growth of maritime arbitration in Singapore, London, and Hong Kong.

Wreck removal and liability allocation

o When a vessel sinks, legal disputes arise over who is responsible for wreck removal and cleanup costs.

o Key legal frameworks:

§ Nairobi International Convention on Wreck Removal (2007) - Imposes removal obligations on shipowners.

§ The Limitation of Liability for Maritime Claims Convention (LLMC 1976) - Lets shipowners cap liability unless recklessness is proven.

o Costa Concordia disaster - one of the biggest maritime salvage operations

§ Total cost is estimated at $2 billions dollars

§ Raised legal questions over whether salvage and wreck removal should be treated separately.

o Sanctioned Russian vessels have been abandoned posing wreck hazards - legal uncertainty over who funds removal if the owner is under sanctions

· Evidence for abandonment - data from International Transport Workers' Federation (ITF) total vessel abandoned increased by 136% in 2024 compared to 2023

What are the supply chain challenges currently

Red Sea and Suez Canal Attacks

Middle East Conflict

Freight rate volatility and port congestion

Overall this trend can be linked to an answer on marine insurance, on shipping, on international trade

Discuss Red Sea and Suez Canal Attacks

o Houthi rebel attacks - leading shipping lines to reroute via Cape of Good Hope - leads to delays, increased freight costs and insurance risks

o BIMCO calls for immediate end to attacks on international shipping - which has caused cargo volume to decline 21% in first 7 weeks in 2024

o 13% of world seaborne trade under attack from Houthis

o Lloyd's Market Association has listed the Red Sea as a 'war risk zone'

At one point Suez Canal trade dropped by around 50% due to these disruptions. Number of ships transiting southern Red Sea still roughly half of typical levels

It is less intense than peak attacks in 2024 but still highly unstable

Having to reroute around Africa or use higher insurance

Legal impact of Red Sea and Suez Canal Attacks and Middle East Conflict

§ Can lead to disputes over charterparty terms, freight contacts, and cargo claims

§ Charterparties may invoke force majeure clauses if war risks prevent performance

§ In Classic Maritime Inc v Limbungan Makmur [2019] EWCA Civ 1102, the English Court of Appeal ruled that force majeure only applies if a party could not have fulfilled its obligations even without the disruptive event.

§ Charterparty delay disputes: Laytime & demurrage disputes will increase as vessels take longer routes.

§ Relevant Precedent: The Eternal Bliss [2021] EWCA Civ 1712 clarified that demurrage is liquidated damages for exceeding laytime but does not cover additional cargo loss unless explicitly stated.

§ Ships navigating the Red Sea now need extra war risk cover, which raises questions about policy exclusions and claims

Discuss conflict in the middle East

Operation Epic Fury

Key issues:

· Attacks on commercial vessels

· Closure or disruption of key chokepoints

· Increased war-risk insurance premiums

· Ships rerouting around Africa

The Strait of Hormuz alone carries around 27% of global oil shipments, so disruption there affects global energy markets and shipping costs

Impacts:

· Hundreds of ships delayed or stranded

· Major carriers suspending routes

· Container freight prices increasing

· Insurance costs rising

· Conflict has all but frozen commercial shipping

· Strait of Hormuz is by Iran border

· Mines in the Strait

· ¼ of oil comes from Persian Gulf which has to pass through the Strait

The bulk carrier MV Mayuree Naree was hit by Iranian projectiles near the strait, forcing the crew to abandon ship

Has led to collapse of oil exports

Arctic shipping

Melting sea ice is opening new routes such as Northern Sea Route along Russia's Arctic coast

Ship traffic in the Arctic has increased significantly in recent years, raising:

· environmental concerns

· geopolitical tensions over Arctic control.

Legal issues include:

· environmental regulation

· jurisdiction disputes

· insurance risks.

Question over superyachting

Ask question about retaining experienced crew - because of high crew turnover

Is this causing an issue for charterparties

Number of superyachts grow but pool of qualified crew has not grown at same rate

Could lead to employment disputes

Any new legal or operational issues for yacht owners?

Misrep point (s.2(1))

MA is unsatisfactory

S.2(1) - damages for misrepresentation

The use of the word fraud is clumsy - and essentially brings in a tort of careless misrepresentation

Essentially - if someone makes a representation, they are liable for damages as if they made it fraudulently, unless they had reasonable grounds to believe it was true

There are two major issues with this

It is too hard to suggest that there are reasonable grounds to believe that statement is true

If this were easier to prove, it would mitigate further issues

However, as Howard Marine v Ogden proves, this is a high barrier of proof

In that case, it was held that a shipping document regarded as 'the Bible' for that specific practice area was not sufficient, as could have done more to avail oneself of the true

Claim will usually work

The fiction of fraud

Royscott v Rogerson held that because of the reference to fraud in the section, damages must be calculated on that tort measure

This leads to issues, as Doyle v Olby held that for fraud, damages are not limited to what is foreseeable, but to all losses directly stemming from the fraud

Not only this, but East v Maurer held that this even includes missed opportunities to enter into business elsewhere

This shows that the measure of damages under s.2(1) is extremely expansive, covering all forms of loss

It must be noted that this may be changed - consider the recent consideration in Smith New Court v Scrimgeour Vickers - in which the fiction of fraud was not wholly supported, and suggested that it could be overruled in future

Can be questioned whether it will survive if it goes back to SC

Also undermines negligence as it is easier to prove

Misrep point (s.2(2))

S.2(2) - damages in lieu

The measure of damages for such a claim is totally unclear, undermining satisfactory nature

Also not incompatible to get damages in s.2(1) and s.2(2) - which could be seen as a negative as s.2(1) is so easy to prove

Another key point of contention is whether the right to rescind must still exist at the time the court decides to grant damages in lieu. Salt v Stratstone says yes, but this arguably undermines the point of having discretion, especially where rescission may be barred due to delay, affirmation, or third-party rights.

Arbitration trends

· Growth of maritime arbitration

o London Maritime Arbitrators Association (LMAA) remains global leader in maritime arbitration

o Singapore and Hong-Kong growing as hubs or arbitration

o Why arbitration?

§ Faster than court litigation

§ Confidentiality (important in trade disputes)

§ Enforceability under the New York Convention (1958)

o Why London?

§ English courts are pro-arbitration

o Why other places?

§ Closer proximity to Asian trade hubs

Freight rate volatility and port congestion

o Rising fuel prices & bunker costs due to rerouting and energy transition regulations

o Port congestion in Asia & North America slowing supply chains

o Increased demand for arbitration over freight contracts

Sanctions and trade disruptions

Key areas of concern:

· Russian and Iranian sanctions

o US, EU, and U sanctions restrict oil, LNG, and grain exports

o Impact on shipping

§ P&I (protection and indemnity) clubs refuse cover for sanctioned cargoes

§ Secondary sanctions - risk for banks, insurers, and shipowners dealing with sanctioned cargo

· Impact of US-China Trade tensions

o New US tariffs & export controls affecting cargo flows

o Legal issues:

§ Contract frustration and force majeure clauses triggered by tariff hikes

§ Re-routing disputes over extra freight costs

§ Customs seizures and cargo confiscations

Sanctions compliance is a major risk in marine insurance

What is a charterparty?

Contract for use of a ship

Common charterparty disputes

§ Laytime & Demurrage - How long cargo loading/unloading takes and who pays for delays.

· Laytime - amount of time a ship has to load and unload cargo at a port

· Demurrage - fee that must be paid when cargo remains at a port or terminal for longer than the agreed free time period specific in a shipping contract

§ Off-hire clauses - When a charterer can stop paying hire (e.g., vessel breakdown).

§ Unsafe port disputes - When a port is legally considered 'unsafe' for a vessel.

§ Frustration & force majeure - If unexpected events (e.g., war, blockades, or pandemics) can terminate a charter.

The Ocean Victory

§ Supreme Court ruled that a port is only unsafe if it has an "abnormal occurrence" or inherent risk.

§ Important for P&I insurance claims, since charterers may be liable for sending a ship to an unsafe port.

What is a bill of lading?

o A bill of lading (B/L) is a contract of carriage, receipt for goods, and a document of title.

o Bill of lading is document that lists the goods being transported, the destination, the name of the shipper and consignee, and other important information. It is used as receipt of goods, a contract between the shipping and carrier, and a document of title.

Disputes over bills of lading

§ Misdelivery claims - When cargo is released to the wrong party.

§ Hague/Hague-Visby Rules liability - Whether a carrier is liable for cargo damage.

· Hague Rules establishes a minimum mandatory liability of carriers

· Actually favoured carriers, and reduced their obligation to shippers

· First attempt by international community to find workable and uniform way to address the problems of shipowners excluding themselves from all lability for loss or damage to cargo

· Under the Hague Rules the shipper bears the cost of lost/damaged goods if they cannot prove that the vessel was unseaworthy, improperly manned or unable to safely transport and preserve the cargo, i.e. the carrier can avoid liability for risks resulting from human errors provided they exercise due diligence and their vessel is properly manned and seaworthy

§ Fraudulent bills of lading - Common in international trade fraud cases.

Current issue in bills of lading

Rise in misdelivery claims, especially in sanctioned jurisdictions where banks refuse to process payments

· Mis-delivery refers to delivery of cargo to incorrect party or without proper authorisation, leading to significant legal disputes and financial losses

· Read HFW insight onto whether claims for mis-delivery have got too complicated and whether electronic bills of lading will make a difference

· Latest judgement is The Maersk Katalkin - potentially turning the trajectory back in favour of financiers - this is in Singapore

· Misdelivery claims have become more challenging to pursue and require complex factual inquiries into causation of loss.

· Factors contributing to this - sanctions and geopolitical tensions/ documentation delays

· We may see the courts addressing these challenges in future judgments but in the meantime, financiers would be prudent to consider alternative or additional types of security. This would also serve them well in the long run as the rate of adoption of electronic bills of lading gradually increase

Development in bills of lading

§ Electronic Bills of Lading (eB/L) and digital trade are reshaping the legal framework.

· Uptake is growing

· However, there is commitment to full adoption by 2030 - members of Digital Container Shipping Association (DCSA) have pledged to adopt standardised electronic bills of lading by 2030

· Aims to enhance efficiency, reduce costs, and improve security

§ Electronic bills of lading have increased - roughly 11% issued electronically. Still almost 90% of bills of lading are paper based

§ Quite often now a hybrid system with both paper and electronic bills

§ Banks remain the biggest barrier to adoptions as they need to ensure

· Secure ownership transfer

· Fraud protection

· Compatibility with letters of credit

§ EBOL would save billions in administrative costs and enable additional trade, as well as reducing delays, lowering fraud risk, and reducing paperwork

Shipping - ship arrests and maritime liens

o Ship arrests are a powerful tool for creditors (e.g., shipowners, charterers, cargo owners) to secure payment for debts.

o Key principles:

§ Maritime liens - Certain debts (e.g., crew wages, collision claims, salvage) follow the ship, regardless of ownership.

§ Ship arrest under Admiralty Jurisdiction - Courts can detain ships to secure claims.

§ Sister ship arrests - Some jurisdictions allow claimants to arrest ships owned by the same company.

o Current issue: Russian sanctions and ship arrests

§ Increased arrests of sanctioned Russian-owned vessels due to financial disputes.

§ Complications arise when insurers refuse to cover detained ships.

What is international trade?

International trade law governs the sale and movement of goods across borders, covering issues like contract terms, risk allocation, financing, and dispute resolution.

Preston Turnbull is a specialist in the trade and commodities sector. Our International Trade Team works with some of the biggest names in the market and has experience of a variety of disputes

International trade - what are Incoterms

Incoterms (International Commercial Terms) define the obligations of buyers and sellers in international trade. The 2020 revision remains the most current

o How incoterms work - parties agree on an incoterm that suits their trade arrangement, incoterm is explicitly stated in contract, other contract terms are then aligned with he chosen incoterm

Incoterm - CIF

CIF - Cost, Insurance and Freight

Seller arranges carriage & insurance but risk transfers when goods are loaded.

§ Under CIF, sellers must obtain insurance—but only the minimum level (Clause C of the Institute Cargo Clauses) unless the contract specifies otherwise.

§ The Songa Winds [2018] EWHC 3972 case reaffirmed that sellers under CIF are not responsible for delays once goods are shipped, limiting their liability.

Incoterm - FOB

FOB - Free on board

Seller delivers goods on board; buyer arranges transport & insurance.

§ Under FOB, buyers take responsibility as soon as goods are loaded, meaning they bear risk for delays, damage, or loss during transit.

How have sanctions affected international trade?

§ Russia-related sanctions have made CIF contracts riskier because insurance coverage may be void if insurers refuse to pay out due to sanctions clauses.

§ Some traders now prefer FOB contracts, shifting responsibility for insurance to the buyer.

International trade - force majeure and frustration

o Trade contracts often include force majeure clauses, allowing parties to suspend or terminate obligations if unforeseen events occur

o Frustration v force majeure

§ Force majeure clauses define specific events (e.g., war, sanctions, natural disasters) that excuse non-performance.

§ Frustration (Common Law Doctrine) applies when an event makes a contract impossible to perform—but English law sets a high threshold for proving this.

o Classic Maritime v Limbungan Makmur

§ The Court of Appeal ruled that force majeure only applies if the event was the sole cause of non-performance.

§ A mining company failed to deliver cargo due to a dam collapse, but since it also had no alternative cargo sources, the force majeure clause did not apply.

Force majeure current issues

o Current issue: rise in force majeure claims due to sanctions and supply chain disruptions

§ Ukraine war & Red Sea attacks have led to freight delays & cargo diversions, triggering force majeure claims.

§ China's Covid-19 port lockdowns (2022-2023) also caused disputes over whether shipping delays qualified as force majeure.

Trade finance and cargo insurance risks

o International trade relies on financing mechanisms like letters of credit (LCs), guarantees, and trade credit insurance.

o UCP 600 and letters of credit

§ The Uniform Customs & Practice for Documentary Credits (UCP 600) governs LCs, requiring strict compliance with documentary requirements.

§ If a bank finds even a minor discrepancy in shipping documents, it can refuse payment under an LC.

o Current issue: increased fraud and defaults in trade finance

§ 2023-2024 saw a surge in fraudulent trade finance claims, with banks tightening scrutiny over letters of credit.

§ Cargo insurance claims have risen, especially due to misdelivery disputes where cargo owners fail to recover losses under letters of indemnity (LOIs).

Examples of commercial litigation

o Breach of Contract: This can involve disputes between cargo owners, shipowners, or charterers over non-performance or failure to fulfill contractual obligations.

o Cargo Damage or Loss: When goods are damaged, lost, or delayed during transportation, commercial litigation may be necessary to determine liability and compensation.

o Misdelivery and Bills of Lading Issues: Disputes often arise concerning the delivery of goods (especially when there are discrepancies between the bill of lading and the actual goods delivered).

o Marine Insurance Disputes: Underwriters and policyholders frequently engage in litigation over claims handling, policy interpretation, and liability exclusions.

o Jurisdictional issues also may arise

Use of ADR

o ADR methods, particularly arbitration are widely used due to their efficiency, confidentiality, and cost-effectiveness compared to court proceedings

Types of ADR

Arbitration:

§ Arbitration is the most common ADR method in shipping law. It is favoured because of its flexibility, speed, and the specialized knowledge of arbitrators who are experts in shipping and maritime law.

§ Arbitration Clauses are often included in shipping contracts to specify the forum for dispute resolution. These clauses often designate London, New York, or Singapore as the place of arbitration due to their well-established maritime law practices.

o Mediation:

§ Mediation is less formal than arbitration and is often used to resolve disputes before they escalate to arbitration or litigation.

§ Shipping parties might use mediation to negotiate settlements for issues like cargo damage, delivery disputes, or insurance claims.

o Conciliation

§ Similar to mediation, conciliation involves a neutral third party, but the conciliator takes a more active role in proposing solutions. This is sometimes used in less complex disputes or to find middle ground on contract terms.

What does Tom Kelly specialise in

Shipbuilding

Questions to ask

About the firm - talks about workplace initiatives on their website, but from research struggled to find out more

About law - ask about electronic bills of lading

Ask the superyacht question