Andrew Guy Blackwood

Guy is listed as a leading junior in this field in both the Legal 500 and in the forthcoming edition of Chambers & Partners and is described as ‘very hard working and extremely intelligent‘. He has experience of most classes of business, both direct and reinsurance and an increasing proportion of his work involves related issues of professional negligence.

Recent cases include:

• Dornoch v. Westminster [2009] 2 Lloyd's Rep. 191 (phase 1); [2009] EWHC 1782 (Admlty) (phase 2). Guy acted on behalf of the successful underwriters in this major marine insurance dispute. Issues considered by the Court include conflicts of law and renvoi, the situs of a registered vessel, abandonment, the extent of underwriters' proprietary rights in a vessel on payment of CTL and election (equitable lien, trust) and impeachment of transactions defrauding creditors under section 423 of the Insolvency Act 1986

• Harel Insurance v FirstCity Partnership [2009] EWHC 256 (Comm). Guy acted on behalf of the successful broker in this dispute. Issues considered by the Court included the scope of brokers' funding as a concept and of a reference to expert determination

• Allianz v. Aigaion [2008] 2 Lloyd's Rep. 595 (first instance); (2008) CLC 1013 (CA) Guy acted on behalf of the successful reassureds in this reinsurance dispute. Issues considered by the Court included the effect of a premium payment warranty (and section 53 of the Marine Insurance Act 1906), offer and acceptance, acceptance by silence and uncertainty

• Marc Rich v. Fortis [2005] Lloyd's Rep. IR 396 - fraudulent claims, devices

• Chris O' Kane v. Jonathan Jones (The Martin P)  [2004] 1 Lloyd's Rep. 389 Double insurance, insurable interest, authority of agents, contribution

Guy has recently been involved in surplus treaty disputes (whether necessary to exhaust first surplus treaty before ceding to second), insurance disputes in the mining sector and Guy is presently involved in several Bermuda Form references in the energy sector.

Guy is listed as a leading junior in this field by Legal 500.

Guy has substantial experience of derivatives transactions (and construction of the ISDA Master Agreement), impeachment of transactions defrauding creditors under section 423 of the Insolvency Act 1986, enforcement (writs of fi fa, receivership, committal proceedings, writs of sequestration, third party debt orders, charging orders), security interests in assets, documentary credits and of insolvency.

Recent cases include:

• Dornoch v. Westminster [2009] EWHC 1782 (Admlty)  - impeachment of transactions defrauding creditors under section 423 of the Insolvency Act 1986
• International Finance Corporation v. Chevron [2007] 2 All ER (Comm) 305 - equitable purchaser's lien in topside modules
• Oliver v. Dubai Bank Kenya [2007] EWHC 2165 - standby letter of credit, whether terms of documentary credit repugnant to UCP 500
• International Finance Corporation v. DSNL and others [2005] EWHC 534 (Comm) - worldwide freezing injunction, contempt, committal, sentencing in absentia
• International Finance Corporation v. DSNL and others 21.03.05 - revolving loan and guarantee agreement, summary judgment for US$20 million

Guy is involved in a wide range of commercial litigation, much of which is related to banking & finance, energy, insurance and mining.

More recently, Guy has been involved in carbon trading disputes in the electricity market.

Examples of recent commercial cases in which Guy was instructed include the following:

• Dornoch v. Westminster [2009] 2 Lloyd's Rep. 191 (phase 1); [2009] EWHC 1782 (Admlty) (phase 2). Guy acted on behalf of the successful underwriters in this major commercial dispute. Issues considered by the Court include impeachment of transactions defrauding creditors under section 423 of the Insolvency Act 1986, conflicts of law and renvoi, the situs of a registered vessel, abandonment, the extent of underwriters' proprietary rights in a vessel on payment of CTL and election (equitable lien, trust)

• Harel Insurance v FirstCity Partnership [2009] EWHC 256 (Comm). Guy acted on behalf of the successful broker in this dispute. Issues considered by the Court included the scope of brokers' funding as a concept and of a reference to expert determination

• International Finance Corporation v. Chevron [2007] 2 All ER (Comm) 305 - equitable purchaser's lien in topside modules

• Oliver v. Dubai Bank Kenya [2007] EWHC 2165 - standby letter of credit, whether terms of documentary credit repugnant to UCP 500

• International Finance Corporation v. DSNL and others [2005] EWHC 534 (Comm) - worldwide freezing injunction, contempt, committal, sentencing in absentia

• International Finance Corporation v. DSNL and others 21.03.05 - revolving loan and guarantee agreement, summary judgment for US$20 million

Guy is involved in a considerable range of commercial litigation, much of which is related to finance, energy, insurance and, more recently, mining

Cases include:

International Finance Corporation v. DSNL [2007] 2 All ER (Comm) 305 Equitable purchaser’s lien in topside modules
International Finance Corporation v. DSNL [2005] EWHC 534 (Comm) LTL 11/01/2008 Breach of terms of worldwide freezing order ; contempt of court; committal to prison in absentia

Guy has considerable experience of contractual, insurance related and construction related disputes in the energy sector, almost all of which has been in arbitration, including references on the Bermuda Form.

Guy has particular experience of the following:

• carbon trading disputes in the electricity markets
• contractual (take or pay and joint venture agreements) in the oil and gas industries
• large insurance claims in the energy sector, including physical damage to offshore platforms and loss of production
• share warranty claims in the oil and gas industry
• design defects in offshore structures
• the operation of pipelines
• the construction of offshore structures
• shipbuilding

Guy has considerable experience ship and offshore construction, the vast majority of which has been in arbitration

Guy is listed as a leading junior in the field of commodities by Legal 500, where he receives high praise:

• Guy's‘speed of service is excellent, as is the clarity of his advice‘ and ‘he has a good rapport with the Commercial Court judges‘

The majority of Guy's commodities practice is in arbitration (Guy has acted in RSA and LIFFE disputes, among others) whilst on the dry shipping side, his practice is very varied and includes charterparty and shipbuilding disputes of many varieties.

Recent cases include:

• Dornoch v. Westminster [2009] 2 Lloyd's Rep. 191 (phase 1); [2009] EWHC 1782 (Admlty) (phase 2). Guy acted on behalf of the successful underwriters in this major marine insurance dispute arising from the collision of the WD Fairway with the MSC Joanna. Issues considered by the Court include impeachment of transactions defrauding creditors under section 423 of the Insolvency Act 1986, conflicts of law and renvoi, the situs of a registered vessel, abandonment, the extent of underwriters' proprietary rights in a vessel on payment of CTL and election (equitable lien, trust)

• Antiparos v. SK Shipping [2008] 2 Lloyd's Rep. 237
  Construction of clause 4(c) of the Asbatankvoy form

• Andromeda Marine v. OW Bunker & Trading ("The Mana") [2006] 2 Lloyd's Rep 319.
  Jurisdiction, negative declaratory relief, Brussels Convention, Article 17

• Fast Ferries One S.A. v. Ferries Australia Pty. Ltd. [2000] 1 Lloyd`s Rep. 534
  Shipbuilding contract - termination

• The mv Derbyshire (2000)
  re-opened formal investigation in the loss of the mv Derbyshire

The majority of Guy's practice involves disputes under contracts which contain arbitration agreements and almost all of these disputes are international in nature.

Guy regularly appears as an advocate in Bermuda Form references, arbitrations under the JELC clauses and in ICC, LCIA, LMAA and ad hoc references.

Almost all of Guy's reinsurance and much of his direct insurance practice is in arbitration (he has recently been instructed in surplus treaty, excess of loss treaty, quota share, political risks and energy disputes). He is also one of the few counsel with experience of satellite in orbit insurance & reinsurance.

Arbitral confidentiality prevents the naming of individual disputes in which Guy has been instructed.

Guy has experience of Bermuda Form arbitration. He has also acted in many ICC, LCIA and LMAA references

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