Stewart Buckingham

In addition to Commercial Court litigation and LMAA arbitration, Stewart has extensive experience of FOSFA and GAFTA arbitration at both first tier and Board of Appeal level, and has appeared before the FOSFA Board of Appeal. He also has experience of arbitration under the rules of the International (formerly London) Cotton Association.

His practice in this area covers carriage of goods by sea and land, international trade (including oil, gas) and related documentary finance, bills of lading disputes and Hague/Hague-Visby Rules; and related interlocutory relief in support of anticipated or ongoing litigation/arbitration.

Listed as a leading junior in shipping, Legal 500.

Recent cases include:

Mediterranean Salvage & Towage Ltd. v. Seamar Trading [2008] 2 Lloyd’s Rep. 628 (implied warranty of safety in a voyage charter); currently pending Court of Appeal hearing.

Proctor & Gamble v. Gartner [2006] 1 Lloyd’s Rep. 82 (carriage of goods by sea; extension of time for service of claim form).

SHV Gas Trading v. Naftomar [2006] 1 Lloyd’s Rep. 163 (petroleum cargo; repudiation of sale contract, mitigation and demurrage).

Sony Computer Entertainment Ltd v (1) RH Freight Services Ltd & others [2007] 2 Lloyd’s Rep. 463 (Stay of proceedings pursuant to Reg. 44/2001, Art 28)

Bunge Agribusiness Singapore Pte Ltd v Hualiang Enterprise Group Co. Ltd (Cooke J. 20.01.05) unreported; worldwide freezing injunction in support of commodities arbitration.

Bunge Agribusiness Singapore Pte Ltd. v San He Hope Full of Grain Oil Foods Production  Co Ltd (Cresswell J) unreported; order in support of arbitration proceedings made under s.44 of the Arbitration Act, requiring preservation and disclosure of documents and preservation of and experimentation upon communications equipment.

Stewart’s practice includes disputes arising out of the sale/purchase and transport of oil & gas cargoes, examples include:

The Gulf Dove, ICC arbitration relating to a petroleum cargo and raising questions of applicable law, payment under documentary credit and repudiation.

The Mercini Lady, Comm. Court – contamination claim in relation to a petroleum cargo.

The Presnya, contamination claim in arbitration brought in relation to Jet A-1 cargo

A wide range of commercial disputes, arising out of all aspects of commercial enterprise, including civil fraud (tracing, dishonest assistance & secret profits) frustration and force majeure, import/export prohibitions, and international sale of goods. Recent cases include claims in arbitration concerning brokers’ alleged secret profits; and alleged frustration of long term CoA’s.

Arbitration pursuant to the Rules of the LMAA, ICC, GAFTA, FOSFA, ICA.

Stewart has wide insurance experience, particularly focussing on marine insurance. Recent cases include:

The Cendor Mopu [2009] EWHC 637 (claim for damage to jack-up rig during dry tow; whether a fortuity, inherent vice)

Stewart has a wide ranging Admiralty practice, and is regularly instructed in salvage and collision actions.
He has considerable experience and expertise in wreck removal, common law salvage, LOF and SCOPIC. Reported cases include:

The Tramp [2007] 2 Lloyd’s Rep. 263, claim for common law salvage.

The Voutakos [2008] 2 Lloyd’s Rep. 516, appeal to the Admiralty Court from the Lloyd’s Appeal Arbitrator in relation to “disparity principle” and correct approach to assessment of salvage award.

Reported collision actions include:

The Bulk Atalanta c/w Forest Pioneer [2007] 1 Lloyd’s Rep. Plus 26, collision in the approaches to Gibraltar.

The Krysia c/w Europa [2008] 2 Lloyd’s Rep. 707, alleged propeller fouling involving oil production platform accommodation barge and support vessel.

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