Dry Shipping, Commodities & Transport
Stewart deals with shipping and commodity disputes in the Commercial Court and also has extensive experience of LMAA and ICC arbitration in this area, as well as trade arbitration under the rules of GAFTA, FOSFA and the ICA (and formerly as the LCA) at both first tier and Board of Appeal level.
His practice encompasses carriage of goods by sea and land, international trade, including oil and gas, and related documentary finance, bills of lading, the Hague and Hague-Visby Rules and related interim/s.44 relief. His commodities experience includes fertilizers, soybeans (including a series of arbitrations concerning the "pink" soybean issue), grain, coal, sunflower seed oil (including a series of arbitrations concerning contamination of Ukrainian sfs oil), linseed oil and fruit cargoes, including bananas and grapes.
Recent cases include
- Jiangsu Shagang Group v Loki Owning Group (“MV Pounda”) [2018] 2 Lloyd’s Rep. 35 - Issue in relation to whether an alleged guarantee was in fact agreed and whether the Tribunal has jurisdiction; and, if so, whether the guarantee was compliant with the Statute of Frauds.
- CSSA Chartering and Shipping Services SA v Mitsui OSK Limted Ltd "The Pacific Voyager" [2018] EWCA Civ 2413 - the leading modern case on the nature of ship owners’ obligation to commence their approach voyage under a voyage charterparty.
- Minerva Navigation Inc. v. Oceana Shipping AG (The "ATHENA") [2013] 1 Lloyd's Rep. 145, relating to the proper interpretation of the off-hire clause in the NYPE 1946 time charterparty form;
- Sideridraulic Systems SPA v. BBC Chartering & Logistic GMBH [2012] 1 Lloyd's Rep. 230, involving an application for an anti-suit injunction and concerning the correct interpretation of a bill of lading and the application of the Hague-Visby Rules;
- Pace Shipping Co Ltd v. Churchgate Nigeria Ltd (The "PACE") (No.2) [2011] 1 Lloyd's Rep. 537, proper interpretation of section 2(4) of the Carriage of Goods by Sea Act 1992.
- Mediterranean Salvage & Towage v. Seamar Trading & Commerce (The "REBORN") [2009] 2 Lloyd's Rep. 639, Court of Appeal, in relation to the test by which terms are to be implied into commercial contracts.
Wet Shipping
Stewart also undertakes Admiralty work, and has appeared in Court and arbitration in cases involving collisions and high value salvages.
Reported cases include:
- The Krysia [2008] 2 Lloyd's Rep. 570; [2008] 2 Lloyd's Rep. 707 - collision
- The Forest Pioneer [2007] Lloyd's Rep. Plus 26 – collision and;
- The Enif [1999] 1 Lloyd's Rep. 643 (led by Tim Brenton) – collision.