Simon Kverndal QC

Simon Kverndal is one of the leading advocates in London maritime arbitration and has argued all types of charterparty cases and appeared in many commodities arbitrations.  Recently he has handled several substantial cases concerning unseaworthiness issues (engine room fire and mechanical failure, rudder failure, passage planning and superintendence) with particular focus on ISM code issues.  He has also been heavily involved in several unsafe port cases.  Three recent cases have concerned shipbrokers: allegations of negligence and disputes concerning the extent of a broker’s authority.  The collapse of the shipping markets in the second half of 2008 has led to urgent advisory work on questions of cancellation/repudiation of charters and assessment of damages.

Borealis A.B. v. Stargas Ltd. and Others (The “Berge Sisar”) [1997] 1 Lloyd's Rep. 642 [1998] 2 Lloyd's Rep. 475, [2001] 1 Lloyd's Rep. 663.  Instructed on behalf of Bergesen in the leading House of Lords case on the transfer of rights and obligations under the Carriage of Goods by Sea Act 1992

The “Isla Fernandina”  [2000] 2 Lloyd's Rep. 15.  This was a long trial of unseaworthiness issues following the grounding of a cargo vessel carrying bananas from Ecuador to Libya and Russia.

The “MSC Rosa M” [2000] 2 Lloyd's Rep. 399.  Attempt to break limits of liability under 1976 Limitation Convention: unseaworthiness claims arising out of heavy list to cargo vessel as a result of defective valve and pipeline systems.

T.A. Shipping Ltd. v. Comet Shipping Ltd. (The “Agamemnon”) [1998] 1 Lloyd's Rep. 675

L.D. Seals N.V. v. Mitsui OSK Lines Ltd. The “Darya Tara” [1997] 1 Lloyd's Rep. 42

OK Petroleum A.B. v. Vitol Energy S.A. [1995] 2 Lloyd's Rep. 160

The “Al Battani” [1993] 2 Lloyd's Rep. 219

Exercise Shipping Co. Ltd. v. Bay Maritime Lines Ltd. (The “Fantasy”) [1991] 2 Lloyd's Rep. 391, [1992] 1 Lloyd's Rep. 235

Mitsubishi Corporation v. Castletown Navigation Ltd. (The “Castle Alpha”) [1989] 2 Lloyd's Rep. 383 Societe Anonyme des Minerais v. Grant Trading Inc. (The “Ert Stefanie”) [1987] 2 Lloyd's Rep. 371, [1989] 1 Lloyd's Rep. 349 (CA)

Simon Kverndal has wide experience in shipbuilding disputes, having acted for both yards and buyers. On the offshore side, he has recently advised owners/operators of supply vessels with regard to contract termination issues. On the downstream side he has recently dealt with issues concerning loss of production profits arising out of cargo late delivery.

International Arbitration is Simon Kverndal’s core area of practice, particularly in LMAA charterparty arbitrations but also trade disputes before commodity arbitrators and ICC.  As well as being an LOF salvage arbitrator he is also often appointed as arbitrator in shipping and offshore disputes.

Zaporozhye Production Aluminium v Ashly Ltd. [2002] EWHC 1410 (Comm) One of the few cases which consider the principles relevant to the exercise of judicial discretion under s.72 of the Arbitration Act 1996 for application to restrain arbitrators from proceeding with reference on grounds of no jurisdiction.

Cuflet Chartering v. Carousel Shipping Co. Ltd. and Another (The “Marie H”) [2001] 1 Lloyd's Rep. 707. Challenge of arbitration award under s.68 of the Arbitration Act (serious irregularity) on public policy grounds.

Exmar BV v. National Iranian Tanker Co. (The “Trade Fortitude”) [1992] 1 Lloyd's Rep. 169. A frequently cited case laying down principles to be applied by arbitrators on applications for interim awards.

Schumacher trading as Vita Konzern v. Laurel Island Ltd. (The “Santa Cruz Tres”) [1995] 1 Lloyd's Rep. 208

The “Bunga Melawis” [1991] 2 Lloyd's Rep. 271

Simon Kverndal brings to his role as mediator a range of skills and qualities which go well beyond those which have made him a successful shipping and commercial QC.  He combines an unusual degree of commercial acumen and astuteness with a kind and charming personality and his style, though firm and forthright, is relaxed and friendly.  To participants Simon is insightful and considerate; to their lawyers he is no-nonsense and courteous; with the issues he is perceptive and incisive.

Simon believes that dispute resolution through mediation requires an approach which relegates the legal issues and promotes commercial realities and practical common sense.

He has recently mediated two complex multi-party disputes to a successful conclusion.

As one of the panel of LOF arbitrators, Simon Kverndal is well recognised as one of the leaders in the salvage field; he also has a wealth of experience in collision actions in the High Court.

R v Ayliffe (Benjamin) and others [2006] 1 Lloyd's Rep. 86.  Consideration of sections 58 and 106(1) of the Merchant Shipping Act 1995 and whether the fell within description of “a person who goes to sea in a ship without the consent of the master”.

Davis v Stena Line Limited [2005] 2 Lloyd's Rep. 13.  Fatal accident claim: negligent navigation by Master and negligent procedures amounting to unseaworthiness in unsuccessful attempt to rescue man overboard.

The “Bow Spring” and The “Manzanillo II” [2004] 1 Lloyd's Rep. 647,  [2005] 1 Lloyd's Rep. 1.  A rare case of putting by (deliberate grounding in order to avoid risk of collision) arising out of negligent navigation. 

MSC Mediterranean Shipping Co. S.A. v. Delumar BVBA and others (The “MSC Rosa M”)  [2000] 2 Lloyd's Rep. 399.  Attempt to break limits of liability under 1976 Limitation Convention: unseaworthiness claims arising out of heavy list to cargo vessel as a result of defective valve and pipeline systems.

The “Hagieni” and The “Barbarossa”  [2000] 2 Lloyd's Rep. 292.  Collision in Bosphorus traffic separation scheme between Romanian cargo ship and Italian chemical tanker.  

The “Selat Arjuna” and The “Contship Success”  [2000] 1 Lloyd's Rep. 627.  Collision in Arabian Sea off Yemen

The “Iran Abad” and The “Merawi”  [1999] 1 Lloyd's Rep. 818.  Collision in Great Bitter Lake in Suez Canal - vessels part of southbound convoy in canal.

The “Sanwa” and The “Choyang Star”  [1998] 1 Lloyd's Rep. 283.  Collision in northern approaches to Suez Canal - alleged fault of pilot of defendants’ vessel.  Application of Suez Canal Authority Rules of Navigation.

Union de Remorquage et de Sauvetage S.A. v. Lake Avery Inc. (The “Lake Avery”) [1997] 1 Lloyd's Rep. 540

Unicargo v. Flotec Maritime S. de R.L. and Cienvik Shipping Co. Ltd. (The “Cienvik”) [1996] 2 Lloyd's Rep. 395

The “Xin Yang” and The “An Kang Jiang” [1996] 2 Lloyd's Rep. 217

The “Century Dawn” and “Asian Energy” [1994] 1 Lloyd's Rep. 138 [1996] 1 Lloyd's Rep. 125

The “Angelic Spirit” and The “Y Mariner” [1994] 2 Lloyd's Rep. 595

Leond Maritime Inc. v. MC Amethyst Shipping Ltd. (The “Anna L”) [1994] 2 Lloyd's Rep. 379

The “Margareta” [1993] 2 Lloyd's Rep. 13

The “Prinsengracht” [1993] 1 Lloyd's Rep. 41

The “Rubi Sea” [1992] 1 Lloyd's Rep. 634

The “Pulkovo” and The “Oden” [1989] 1 Lloyd's Rep. 280

Send a copy of this CV