Koye Akoni

Called: 2011

Practice Overview

Koye has an international commercial practice which encompasses shipping (wet and dry), international trade, energy, insurance, and aviation. He also has a particular interest in issues engaging insolvency, equitable principles, and unjust enrichment. He regularly appears in the High Court and has also appeared in the Court of Appeal.

Prior to joining Quadrant Chambers, Koye worked in the litigation team (EMENA) of an energy multinational between 2012 and 2014. During that time, he advised on various matters including historical misallocation of processed oil and gas under a Production Sharing Agreement, interpretation of gas price review clauses in long-term gas supply agreements, and the purchase of assets in the administration of a joint venture partner. He was also involved (as advocate) in several multi-million dollar arbitrations, including:

  • An arbitration concerning the proper interpretation of a Transportation Processing and Operating Services Agreement (TPOSA) servicing several oil and gas fields in the North Sea;
  • An ICC arbitration concerning the suspensory effect of a declaration of force majeure in the context of a natural gas transportation agreement;
  • An LCIA arbitration concerning the recoverability of instalment payments made pursuant to a design and sale contract frustrated by Iranian sanctions.

Koye also worked at the Court of Appeal before joining Chambers, serving as the Judicial Assistant to the Chancellor, Sir Terence Etherton, for two terms. He was also a Visiting Tutor at King’s College London where he taught Contract Law, and the Law of Trusts and Equitable Remedies.

He graduated with a first class degree in law from King’s College London, and a distinction in the BCL from the University of Oxford. 

  • Shipping & Maritime K View More

    Dry Shipping

    Koye’s shipping work encompasses all types of charterparty and bill of lading disputes. He has acted as junior counsel (led by Simon Croall QC) in a multi-million-dollar arbitration dispute concerning the effect on a time charterparty of a prolonged detention of a vessel by Venezuelan local authorities. The case raised issues of frustration and the construction of off-hire clauses. He also appeared in the subsequent attempt by Charterers to appeal the award (without permission) pursuant to a clause that conferred an express right of appeal on a question of law in ST Shipping and Transport Pte Ltd v Space Shipping Ltd [2016] EWHC 880 (Comm).

    He also acted in Regulus Ship Services Pte Ltd v Lundin Services BV [2016] EWHC 2674 (Comm) – (led by Yash Kulkarni) This was a case arising out of the towage of an FPSO from Tunisia, through the Cape of Good Hope, on to Labuan, Malaysia. It raised issues as to the proper construction and operation of a towage contract on BIMCO Towcon form.

    Amongst other cases, Koye is also currently instructed in:

    • multiple arbitrations concerning the redelivery of several vessels from their respective bareboat charters; and
    • an arbitration concerning unpaid sums under a long-term time charterparty for a diving support vessel supporting off-shore operations in West Africa.

    Wet Shipping

    Koye has experience of advising on, and acting in wet shipping cases. Most recently, he was instructed in The Atlantik Confidence [2016] EWHC 2412 (Admiralty), a landmark case in the Admiralty Court regarding the breaking of limits under the Limitation Convention 1976 (as amended in 1996). It is the first case in which an English Court has determined that a person was barred from relying on the limits provided by the Convention, in this case, on account of having deliberately sunk its own vessel. He was led by Robert Thomas QC and Thomas Macey-Dare QC.

    He is also currently instructed in a general average claim arising in the context of ransom payments to pirates to procure the return of an oil tanker captured between the Indian Coast and Somali Coast.

    He has also recently acted on behalf of the ship in an LOF salvage arbitration (led by David Goldstone QC) in respect of a vessel that was the subject of a fire shortly after commencing its laden voyage from Jebel Ali, Dubai.

    In addition, he was instructed in general average claims representing cargo interests (led by John Passmore QC) in respect of an application by owners to sell cargo on board a vessel, in the absence of security for a general average contribution. 

    Koye also has experience of collision and salvage disputes. He has recently drafted collision statements of case, and advised on apportionment and the application of the "egg shell skull" rule in the context of collisions.

  • Commercial Dispute Resolution K View More

    Koye regularly works on large commercial disputes, in both arbitration and high court litigation. He also frequently advises on most private law areas, and has a particular interest in the role of equitable principles in commercial relationships.

    Amongst other cases, he is currently instructed in:

    • an LCIA arbitration proceedings for unpaid sums under a brand licensing agreement, in the broader context of a sale and purchase agreement;
    • Commercial Court proceedings arising from the failure of a party to transfer asset-based securities in breach of contract; and
    • arbitration proceedings concerning the cost of hull and bottom cleaning, in circumstances that a laden vessel was sat idle at anchorage for a period of 3 months at the instruction of her time charterers.

    He was also instructed on an $80 million aircraft redelivery dispute due for trial in Trinity term 2016. The case raised several interesting issues arising from an alleged failure to properly redeliver two Airbus A340s aircraft. The case settled shortly before trial.

    Koye has also recently appeared at the Court of Appeal in WH Smith Travel Holdings Limited v Twentieth Century Fox Home Entertainment Limited [2015] EWCA Civ 1188 (led by Stephen Cogley QC). In this case, the Court of Appeal considered whether the relationship between two parties to a sale and long-term sale agreement was such as to form a running account, and if so, the effect to which that affected the burden of proof.

    He has also assisted on a number of cases, including T&L Sugars Ltd v Tate & Lyle Industries Ltd [2015] EWHC 2696 (Comm) (assisting Yash Kulkarni), a dispute arising out of the sale of Tate & Lyle’s European sugar business.

  • Energy & Natural Resources K View More

    Koye has substantial experience in respect of energy disputes. During his time at the litigation team of an energy multinational, Koye advised on various matters, which are largely confidential, but which included issues such as: 

    • historical misallocation of processed oil and gas under a Production Sharing Agreement,
    • issues arising as to the specification of hydrocarbons under transportation and processing agreements, 
    • interpretation of gas price review clauses in long-term gas supply agreement, and
    • the interpretation and consequences of a force majeure clause in gas supply agreement.

    Koye has also been recently instructed in respect of oil and gas trading agreements. In particular, he is instructed in

    • a matter concerning the repudiation of a contract for the sale and purchase of gasoil for delivery CIF a port in West Africa;
    • an LMAA arbitration concerning the short delivery of crude oil;
    • an LMAA arbitration concerning the carriage of a cargo of no heat crude oil from Curacao, Venezuela; and
    • ad-hoc arbitration proceedings concerning the purported termination of a long-term crude oil supply agreement between a large West African energy conglomerate, and a large energy multi-national.
  • International Trade & Commodities K View More

    Koye acts in wide ranging commodities cases, his experience in-house within the litigation team of an energy multi-national put him at the heart of commodities disputes and international trade. Koye also regularly provides assistance and advice in respect of GAFTA arbitrations.

    Amongst other cases, Koye is currently instructed in:

    • Commercial Court proceedings for damage to a cargo of galvalume steel coils;
    • arbitration proceedings concerning the contamination of lubricant oil, raising issues as to the extent of a ship's duty to take reasonable care of cargo;
    • Several GAFTA and FOSFA arbitrations concerning the correct and proper construction of standard industry terms in the context of substantial delay in delivery of cargo purchased on FOB terms.
    • arbitration proceedings concerning the repudiation of a contract for the sale and purchase of gasoil for delivery CIF a port in West Africa; and
    • ad-hoc arbitration proceedings concerning the purported termination of a long-term crude oil supply agreement between a large West African energy conglomerate, and a large energy multi-national.

    Koye was also involved T&L Sugars Ltd v Tate & Lyle Industries Ltd [2015] EWHC 2696 (Comm) (assisting Yash Kulkarni). Part of the trial involved issues relating to Inward Processing Relief under EU and HMRC rules; and issues as to futures positions taken out in relation to the purchase of raw sugar and the sale of refined sugar)

  • International Arbitration K View More

    Koye acts on a broad range of arbitrations administered by the ICC, LMAA and LCIA. He also acts I respect of trade arbitrations involving GAFTA, FOSFA, RSA and LME. 

    He is currently instructed in an LCIA arbitration proceedings for unpaid sums under a brand licensing agreement, in the broader context of a sale and purchase agreement.

    He is also currently acting as junior (led by Simon Croall QC) in a multi-million-dollar arbitration concerning the effect of a prolonged detention of a vessel by Venezuelan authorities on, a time charterparty on Shelltime 4 form. The case raised issues of frustration and the construction of off-hire clauses

    His in-house experience in the litigation team of one the world’s largest energy multi-nationals also saw him acting as advocate on:

    • An arbitration concerning the proper interpretation of a Transportation Processing and Operating Services Agreement (TPOSA) servicing several oil and gas fields in the North Sea;
    • An ICC arbitration concerning the suspensory effect of a declaration of force majeure in the context of a natural gas transportation agreement; and
    • An LCIA arbitration concerning the recoverability of instalment payments made pursuant to a design and sale contract frustrated by Iranian sanctions.
  • Aviation & Travel K View More

    Aviation takes up a significant part of Koye’s practice. He has advised on various issues, including:

    • the termination of aircraft purchase agreements and aircraft financing agreements pursuant to which 30 aircraft were due to be purchased and financed;
    • the sale of an aircraft by an MRO, pursuant to a contractual lien, in circumstances where the lessee of the aircraft had failed to make payments in respect of work done by the MRO;
    • the ability of an aircraft lessor to ground and take possession of two aircraft from a defaulting lessee;
    • a claim for commission arising under an agency agreement in the context of the sale of aircraft; and
    • non-owned aircraft insurance policies in the context of large oil and gas contractors.

    Koye was also instructed on an $80 million aircraft redelivery dispute due for trial in Trinity term 2016. The case raised several interesting issues arising from an alleged failure to properly redeliver two Airbus A340s aircraft. The case settled shortly before trial.

    He was involved (assisting Tim Marland) in Foster v Action Aviation [2014] EWCA Civ 1368. The case concerned the sale and purchase of an SJ30 aircraft, and raised issues on agency and fraudulent misrepresentation.

    Koye has also recently been instructed by for airlines in several matters concerning flight tickets purchased at erroneously low published fares, which were cancelled by the respective airlines upon discovery of the mistaken fares. The cases raise interesting issues as to whether those contracts were void for unilateral mistake.

  • Insurance & Reinsurance K View More

    Koye has a developing insurance practice, and has most recently advised on the following:

    Koye has a growing insurance practice, and has most recently acted in advised on the following:

    • several aspects of a non-owned aviation insurance policy in the context of an oil and gas contractors,
    • the potential effects of the Insurance Act 2015 on insurance policies, in particular, the ability and consequence of contracting out of Parts 2 to 4 of the Act,
    • the effect of an "excess clause" and an "escape clause" in the contex of double insurance,
    • the existence of an insurable interest in the context of a claim for material damage and business interruption,
    • the scope of cover, and the applicability of the doctrines of waiver and estoppel in the context of an insurer’s conduct in respect of the availability of cover,
    • the availability of consequential damages for an insurer’s breach of an insurance policy, and
    • the correct interpretation of an agreement as between insurers and the insured as to how recoveries made from a claim brought by the insured against the underlying tortfeasor, were to be divided as between the parties.

    Koye was also involved in Ted Baker v AXA Plc [2014] EWHC 4178 (Comm) (assisting Tim Marland), a case arising out of business interruption losses suffered as a result of systematic theft of the Claimants’ merchandise by one of its employees. 

    He has also been instructed on behalf of insurers in respect of an equine insurance dispute, raising, issues concerning the scope of cover, and whether on proper construction of the policy the claim made by the insured fell within an express exception to cover.


Academic


LLB, King’s College London, 2010 (First Class).
BCL, University of Oxford, 2012 (Distinction).
BPTC, BPP Law School, 2011 (Very Competent).

Awards


Kaplan Prize for Commercial Arbitration (2010) – King’s College London.
Ruth Deech Prize for performance on the BCL (2012) – St Anne’s College, Oxford.

Appointments


Visiting Tutor, King’s College London – Elements of the Law of Contract, and The Law of Trusts and Equitable Remedies.

In-House Experience


Worked for two years in-house within the litigation team of an energy multi-national.

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