Shipping
A very substantial part of Michael Nolan’s practice involves shipping disputes under charterparties, bills of lading, ship sale and building contracts and marine insurance policies. He also has particular experience of disputes arising in the sea fishing industry and of harbour law. He has acted or advised in several of the recent disputes involving pollution of the sea including the Sea Empress incident off Milford Haven and the loss of the Ievoli Sun. He has acted in numerous reported shipping cases including Caltex v BP Shipping [1996] 1 Lloyd’s Rep 286 (jurisdiction), The Happy Fellow [1997] 1 Lloyd’s .Rep 130 Court of Appeal (Brussels Convention), Reeman v The Dept of Transport [1997] 2 Lloyd’s Rep 648, Court of Appeal (fishing vessel certification), The Darya Tara [1997] 1 Lloyd’s Rep. 42 (time charter implied indemnity), Baghlaf al Zafer V Pakistan National Shipping Company, Court of Appeal (exclusive jurisdiction clause) [1998] 2 Lloyd’s Rep. 229 and [2000] 1 Lloyd’s Rep 1, General Feeds v Slobodna Plovidba (The Krapanj) [1999] 1 Lloyd’s Rep 168 (dangerous cargo) and the Smaro [1999] 1 Lloyd’s Rep.225 (Ship-sale arbitration – time-bar).
Recent reported cases include:
Pratt v Aigaion Insurance [2009] 1 Ll. Rep 225. Court of Appeal. Marine Insurance. Effect of warranty as to presence of Owner and skipper on board “at all times.”; Reported at first instance at [2008] Lloyd's Rep IR 610
The Count [2008] 1 Lloyd’s Rep. 72. Commercial Court. Voyage charter. Safe port warranty.
The Kitsa [2005] 1 Lloyd’s Rep 432. Commercial Court. Time charter, implied indemnity, liability for bottom fouling in course of charter.
Dart Harbour and Navigation Authority v Sec of State for Transport Local Govt and the Regions [2003] 2 Lloyd’s Rep. 607. Administrative Court. Judicial review of decision by Sec State for Transport relating to the licensing of moorings in Dart Harbour involving amongst other things consideration of what a mooring is.
The Margaretha Maria [2002] 2 Lloyd’s Rep 293, Court of Appeal decision relating to the 1976 Limitation Convention. First Court of Appeal authority on the employment status of share fishermen.
Gannet Shipping v Easttrade Commodities [2002] 1 Lloyd’s Rep. 713. Commercial Court. Arbitrators’ jurisdiction to correct mistakes in award.
Recent representative shipping arbitrations include:
- shipbuilding dispute - provision of refund guarantees.
- multi-million euro dispute arising out of construction of a Superyacht.
- Dispute between shipping line and former director arising out of proposed management buyout.
- a multi-million dollar dispute arising out of a bare-boat charter of a drilling ship and an application for relief from forfeiture.
- a high value dispute relating to the ownership of a cement factory ship.
Commodities
Michael Nolan acts regularly in disputes involving the international sale of goods. Many of the disputes he has been involved in have been in the fields of oil and grain but he has acted in cases involving the gamut of goods from bowling equipment to sulphur. He appeared in 3 of the recent reported cases on final and binding determination clauses in oil contracts.
Recent representative cases include:
Midgulf v Groupe Chimiche Tunisien [2009] 2 Lloyd's Rep 411. International sale of sulphur. Anti-suit injunction.
Petroplus Marketing AG v Shell Trading International Ltd [2009] 2 Lloyd's Rep. 611. Oil sale contract. No set-off clause.
CTI v Transclear [2008] 2 Lloyd's Rep. 526. Court of Appeal. Whether contract for sale of cement frustrated by commercial embargo imposed by Mexican cartel.
CTI v Transclear (No2) [2008] 1 Lloyd’s Rep.250. Grounds upon which Respondent can uphold award under section 69 of the Arbitration Act 1996.
Exxonmobil v Texaco [2003] 2 Lloyd’s Rep. 686. Commercial Court. Acted for Exxonmobil in a dispute relating to the contract for the sale of oil, involving the effect of a “final and binding determination”; and an “entire agreement”; clause.
Veba Oil v Petrotrade [2002] 1 Lloyd’s Rep. 295. Court of Appeal, effect of final and binding determination clause.
Petrotrade v Texaco [2002] 1 WLR 947, Court of Appeal, oil sale contract. Final and binding determination.
Anti-suit proceedings in relation to interlocutory relief in relation to GAFTA arbitration about the sale of wheat.
Appeal against award of GAFTA appeal tribunal.
Transport
In addition to transport by sea, Michael has extensive experience of disputes involving the international carriage of goods by road.
Reported cases include:
Denfleet v TNT Global [2007] 2 Lloyd's Rep. 504, Court of Appeal. Whether falling asleep at the wheel amounts to “wilful misconduct”; for the purposes of Articles 29 and 32 of the CMR.
Sandeman Coprimar v Transitos y Transportes Integrales [2003] Q.B. 1270, Court of Appeal. Significant decision on the scope of Article 23(4) of the CMR, on the interrelationship between domestic law relating to sub-bailment and the successive carriage provisions of the CMR and on remoteness.
Michael Nolan has very substantial experience in arbitration in all forms of disputes, ranging from a long running dispute arising from a Russian Joint Venture for the production of sanitary wear to a claim for relief from forfeiture in a long term demise charter of a drilling ship and a multi-million pound claim for damages arising out of the failure of a tele-marketing venture.
He acts regularly in commodity disputes both in court and arbitration, as well as in cases involving jurisdiction challenges and applications for freezing orders and anti-suit injunctions. He has acted in several of the cases in which the scope and meaning of the Arbitration Act 1996 have been considered including CTI v Transclear (No2) [2008] 1 Lloyd’s Rep.250 (grounds upon which Respondent can uphold award under section 69), Hawk Navigation v Cron Shipping [2003] EWHC 1828 (Comm) (ss 57, 68 slip rule), The Gannet [2002] 1 Lloyd’s Rep. 713 (section 57 slip rule), Cuflet Chartering v Carousel Shipping [2001] 1 Lloyd’s Rep 707 (s 68 serious irregularity – contrary to public policy), Rustal Trading v Gill & Duffus [2000] 1 Lloyd’s Rep. 14 (section 68, apparent bias, s 73 waiver of irregularity), The Catherine Helen [1998] 2 Lloyd’s Rep. 511 (extension under section 12).
He is a supporting member of the LMAA and is happy to accept appointments as an arbitrator.
Recent reported cases:
Midgulf v Groupe Chimiche Tunisien [2009] 2 Lloyd's Rep 411. International sale of sulphur. Appointment of arbitrator. Anti-suit injunction.
CTI v Transclear [2008] 2 Lloyd’s Rep. 526. Court of Appeal. Appeal under section 69 of Arbitration Act 1996 from ad hoc arbitration. Whether contract for sale of cement frustrated by commercial embargo imposed by Mexican cartel.
The Count [2008] 1 Lloyd’s Rep. 72. Commercial Court. Appeal from LMAA arbitration. Voyage charter. Safe port warranty.
The Kitsa [2005] 1 Lloyd’s Rep 432. Commercial Court. Appeal from LMAA arbitration. Time charter, implied indemnity, liability for bottom fouling in course of charter.
Michael Nolan has recently been involved in arbitrations arising from a failed attempt at a management buyout, several arbitrations involving contracts for the construction of Superyachts as well as numerous arbitrations involving disputes under charterparties and commodities involving charterparty and commodity disputes.
Michael Nolan has acted for insurers and assureds in claims arising out of a wide variety of policies covering subject matters ranging from race-horses through lease credit, pregnancy testing kits and crop sowing aircraft to film-editing suites. Much of his work in this area involves acting for and against insurers of marine risks, including P & I Clubs. A particular speciality is yacht insurance; he acted for the successful insurers in The Dora [1989] 1 Lloyd’s Rep 69, The Moonacre [1992] 2 Lloyd’s Rep. 501 and The Arabesque (unreported 1998) and has advised or acted in numerous other cases.
Recent representative cases:
Pratt v Aigaion Insurance [2009] 1 Ll. Rep 225. Court of Appeal. Marine Insurance. Effect of warranty as to presence of Owner and skipper on board “at all times.”; Reported at first instance at [2008] Lloyd’s Rep IR 610
Bayview Motors v Mitsui Fire and Marine Insurance [2003] 1 Lloyd’s Rep 131. Court of Appeal. Whether theft of cars by customs officials amounted to seizure for the purposes of the F.C.& S. clause. Duration of cover under warehouse to warehouse clause.
- acting for insurers in a dispute arising out of the insurance cover of a fleet of canal cruisers in France and a loss by fire of part of the fleet.
- acting for a P&I Club defending a claim for an indemnity against a substantial judgment for cargo damage.
- acting for a shipping line defending a substantial claim by a P&I Club for outstanding calls;
- acting for assured in loss by fire of a luxury yacht.
