Dry Shipping
Craig has worked on a wide range of charterparty and bill of lading disputes, including claims in relation to: cargo contamination, damage and/or loss; freight and hire; hull cleaning; laytime and demurrage; repudiation and cancellation of charterparties; off-hire; and vessel disbursements.
Craig has also assisted in claims involving disputes on international sales contracts, including allegations of economic duress, set-off, and breaches of arbitration agreements.
Craig’s recent/ongoing cases include:
- Acting for successful Owners (with Stewart Buckingham) in a multi-million-dollar arbitration concerning issues of: the proper construction of an early termination penalty, the cause, contractual liability for and appropriate quantum of gas and fuel contamination claims. Craig and Stewart also successfully resisted a section 69 appeal in relation to the same arbitration.
- Acting for successful sellers (with Chirag Karia QC) in two sets of Commercial Court proceedings in which the sellers’ applied for the delivery up of two cargoes set to be delivered in the Yemen (due to the non-payment of due instalments under the sale contract), one of fuel oil and one of gasoil, and for an order that the two vessels carrying those cargoes deviate out of the Yemen for that purpose.
- Commercial Court proceedings (with Nigel Cooper QC) for an anti-suit injunction and associated relief in respect of the alleged theft of a cargo of laptops after delivery in Peru. The case involved questions of whether the proper application of Peruvian law overrode the contractual exclusive law and jurisdiction clause and rendered the actual carrier (a sub-contractor of the contractual carrier) liable for loss/damage to cargo after its unloading from the vessel (by expanding its period of responsibility to the land voyage and removing its contractual defences and limitation of liability) and, in particular, whether the reliance upon certain provisions of the Peruvian Commercial Code amounted to an assertion of a contractual/quasi-contractual claim against the actual carrier.
- Two sets of arbitration proceedings concerning two ship management and profit sharing agreements for two different vessels. The disputes arose out of expenses incurred by the claimant (who, along with the respondent was part owner of each vessel) which it alleged should have been reimbursed under the ship-management agreements. The proceedings included counterclaims for profits allegedly incurred by the vessels but not shared amongst the claimant and respondent (as required by the ship management contracts), including questions of whether an insurance payment in respect of damage incurred by a vessel before the respondent had a beneficial interest in the vessel but which was paid during the course of the ship management contracts constituted a profit for the purposes of the profit share regime.
- Arbitration proceedings concerning claims for damages, loss of time and the value of bunkers utilised due to the charterers’ allegedly negligent use of the vessel’s cranes which caused damage to the vessel.
- Commercial Court proceedings (with John Russell QC) concerning the recoverability in general average of ransom payments paid to Somali pirates. The claim is subject to Singaporean law and includes questions of whether (as a matter of Singaporean law) the payment of ransom to the pirates would be unlawful (due to being considered funding terrorism) and therefore not recoverable.
Shipbuilding/Ship Repair
Craig has experience of shipbuilding and repair disputes, both relating to delays in the construction of offshore platforms used in the oil and gas industry and disputes involving allegations of delays and defects in the repair of pleasure vessels.
Recent cases in which Craig has been involved include:
- Arbitration proceedings in which sellers/builders of an off-shore platform claimed the remainder of the purchase price from buyers who denied liability on the basis that they properly canceled the contract for delay due to delays extending past the contractual “long stop” date. The case contained issues including:
- The proper construction of the “minor or insubstantial” standard under Article VI, Clause 5(d) of the SAJ Form.
- The importance of procedural deficiencies in circumstances where the vessel was physically ready for delivery.
- The impact of a pre-emptive rejection of the vessel prior to the proposed delivery date upon defences based on procedural deficiencies.
- The impact of allegedly dilatory and disruptive behavior by a buyer aimed at delaying the delivery of the vessel so that its right of cancellation would accrue on that buyer’s defences based upon procedural deficiencies.
- Arbitration proceedings arising out of a turnkey contract for the builder to build, launch, equip, complete and commission on a turnkey basis a semi-submersible drilling unit. The claim concerned whether the buyer was entitled to cancel the contract due to delays in the completion of the vessel. The case included questions of:
- Whether the buyers were entitled to terminate the contract and recover the sum of c. US$215m (including interest) due to the delay in delivery of the vessel extending beyond the cancellation date and/or the “drop dead date” or whether these delays were due to “acts of prevention” on behalf of the buyers and therefore the time at which the contract could be cancelled was “at large” or should be extended. The case therefore included complex factual/expert questions of the impact of the buyers’ conduct on the “critical path”. Builders made monetary claims in excess of US$372m in respect of such actions (and alleged renunciation/repudiation) on behalf of the buyers.
- Whether the buyer had been unjustly enriched
Wet Shipping
Craig has experience in collision, grounding and unsafe port claims including the operation of letters of undertaking and collision liens.
Craig’s recent/ongoing cases include:
- Acting with Nigel Cooper QC for the successful charterers in a multi-million-dollar arbitration relating to a grounding of a vessel in Argentina. The Charterers claimed off-hire for the period with the Owners alleging that the grounding was due to the Charterers’ election of an unsafe port (due to the alleged incompetence of the resident pilot(s) and/or unsuitability of the resident tug). As such, there were significant claims by owners for losses incurred due to the grounding and indemnities for the various claims which were being (or threatened to be) brought against it in Argentina.
- Acting for Part 20 Defendants accused of being the cause of a collision during a yacht race.
- Acting in a quantum reference in the Admiralty Court concerning a ship collision where the issues included whether the cost of repairs incurred by the claimant were reasonable and whether the claimant was entitled to its loss of use claim in circumstances where the defendant argued that the claimant Owners would have known they would have operational downtime in the near future at which the repairs could be conducted.