Annual Piraeus Shipping Law Seminar 2018

Quadrant Chambers invites you to our Annual Piraeus Shipping Law Seminar, taking place on Thursday 22nd November at the Piraeus Marine Club in Greece. 

The Quadrant Chambers Shipping Law Seminar is now in its fifth year. In response to feedback at previous events, this year we will be showcasing our talented juniors. The seminar will comprise of two sessions of topical presentations on current legal issues facing the shipping market. 

For any further information, please email marketing@quadrantchambers.com.

Registration: 3.30pm
Seminar: 4pm
Reception: 6pm

Programme: 

Chair : Yash Kulkarni QC
 

Session One: 

Rock solid? A look at non oral modification and entire agreement clauses - Ruth Hosking explores the consequence of the Supreme Court's decision in Rock Advertising Ltd v MWB Business Exchange Centres Ltd on NOM clauses and the potentially wider impact on entire agreement clauses and party autonomy.

Geographic deviation from the contract voyage, still a special case? - David Semark looks at the decision in Dera v Derya.

Delays in arrival at the loadport: who bears the risk? - Paul Toms considers the judgment of Popplewell J in the Pacific Voyager, an appeal from which is due to be heard by the Court of Appeal in October. In analysing the judgment, Paul will in particular address the significance of ETAs and laycans in identifying who bears the risk of delay in a vessel's approach voyage under a voyage charter.
 

Session Two: 

"Leave means leave" - Exiting contractual obligations post-Phones4U Ltd v EE Ltd - Paul Henton takes a look at the options for existing for exiting contractual obligations, whilst seeking to preserve benefits thereunder - such as the right to claim damages for repudiatory breach - in the light of the decision of Andrew Baker J in Phones4U Ltd v EE Ltd

Anti-suit injunctions - Koye Akoni on restraining a party from commencing or continuing proceedings in a non-EU court in support of an arbitration agreement.

The Baltic Strait: whose loss is it anyway? - Andrew Carruth considers the High Court's decision on which party suffers loss and recovering third party losses.

Speakers:

Yash Kulkarni QC

Consistently recommended as a leading barrister in the legal directories for Commercial Litigation, Commodities, Shipping and Information Technology, Yash Kulkarni has a broad commercial practice covering international trade, banking, information technology, insurance and insolvency. He is described by Chambers UK as: "...a formidable opponent… quick and clever, as well as wonderfully approachable and easy to work with.” 

Yash is instructed in all manner of maritime disputes and is currently instructed on, among other things, ship sale disputes, dangerous cargo claims, liability for stevedore damage, breach of nomination clauses in contracts of affreightment, claims for breach of performance warranties, off-spec bunkers disputes, and unsafe port claims.

"...Very sharp and very user-friendly...." (Chambers UK, 2018)

"...Very bright and very refreshing to deal with." "His approach is highly commercial and his written work is meticulous...." (Chambers UK, 2018)

"He has a great intellect and always seems to find a solution to every issue that’s thrown at him." "Extremely user-friendly, and a great team player, who is quick to spot the issues in a case." (Chambers UK, 2018)

To view Yash's full profile, please click here.

Ruth Hosking

Ruth’s practice encompasses the broad range of general commercial litigation and arbitration.  Her particular areas of specialism include shipping, civil fraud, private international law and commodities.  She undertakes drafting and advisory work in all areas of her practice and regularly appears in court and in arbitration, both as sole counsel and as a junior.  Ruth also accepts appointments as an arbitrator (both as sole and as part of a panel).

Ruth has appeared in the House of Lords, Court of Appeal, High Court and has represented clients in a variety of international and trade arbitrations (including ICC, LCIA, LMAA, GAFTA and FOSFA).  She has been involved in a number of high profile cases, including "The Achilleas", a leading case on the contractual principles of remoteness of damage and "The Atlantik Confidence", the first case in which an English Court has determined that a person was barred from relying on the limits provided by the Limitation Convention.

Ruth has a client-friendly approach to litigation and is happy to advise on urgent matters out of hours and at short notice. She adopts a collaborative approach to litigation, involving clients, experts and her instructing solicitors in progressing cases to trial or arbitration. She is ranked as a 'Leading Junior' in the latest editions of Chambers UK and The Legal 500. Praise given in previous editions include "quick to respond, pragmatic and honest" and "excellent".  In 2018 Ruth was shortlisted for the Legal 500 Shipping Junior of the Year.  She is a meticulous advocate who combines rigorous analysis of detail with a common sense commercial approach.

Prior to coming to the bar Ruth studied for an LLM in commercial & corporate law specialising in restitution, corporate insolvency, conflict of laws and marine insurance at UCL; and was a visiting law tutor at King's College London teaching tort (including economic torts) from 2001-2002.

To view Ruth's full profile, please click here.

David Semark

David ‘Produces excellent work and represents exceptional value for an experienced litigator.’ (Legal 500 2015). A former army officer David also previously trained in the Shipping Department of one of South Africa's leading maritime and international trade firms, before joining and later becoming a partner at what is now known as Reed Smith. He retrained as a barrister and became a member of Quadrant in 2010.

David was in the Supreme Court with Simon Rainey QC in October 2018 on the issues as to the burden of proof under the Hague / Hague-Visby Rules raised on the appeal in Volcafe Ltd v Compania Sud Americana de Vapores SA [2016] EWCA Civ 1103.

David specialises in commercial law, with a particular emphasis on shipping and maritime law (especially dry shipping disputes), international trade and commodities, jurisdictional disputes and insurance. Although his practice is primarily as an advocate, he is also an LCIA arbitrator.

He is the co-author of P&I Clubs: Law and Practice (2010, 4th ed.) and Maritime Letters of Indemnity (2014, 1st ed.)

To view David's full profile, please click here.

Paul Toms

Paul is an experienced junior barrister practising across a wide range of commercial disputes.  He is described as "A delight to work with. He is approachable, astute and commercially minded" by Chambers UK 2018.

He appears regularly in the High Court (mainly the Commercial and Mercantile Courts) and in domestic and international arbitrations.  He also has twice appeared in the Court of Appeal as sole counsel in addition to a number of other appearances alongside a leader and, in 2017, appeared in the Supreme Court in The Longchamp [2017] UKSC 68.

Paul has particular expertise in shipping and maritime law in all its aspects, commodities, shipbuilding, energy and insurance disputes.  He also has significant experience of procedural issues commonly arising in commercial litigation, including seeking and resisting injunctive relief (e.g. freezing, anti-suit and asset disclosure orders) and jurisdictional challenges (both in Court and arbitration).

He is recommended in the field of International Trade and Commodities by Who's Who Legal: UK Bar, Commodities and Shipping by the Legal 500 and Shipping and Commodities by Chambers UK.  His significant experience of working in the Asian Pacific market is reflected by his recommendation both for Shipping and Commercial work by the Legal 500 in its Asia Pacific rankings.

To view Paul's full profile, please click here.

Paul Henton

Paul has a broad commercial practice with an emphasis on international trade and commodities, energy, shipbuilding, charterparty disputes, banking, aviation, and insurance related issues.

For several years he has been recommended as a leading practitioner in the leading independent guides to the market.  The fields in which Paul holds recommendations are Shipping & Commodities (Chambers UK); Shipping, Commodities and Aviation (Legal 500); and International Trade & Commodities (Who’s Who Legal).  Over the years he has been variously described as “a highly regarded junior praised for his advocacy skills”, "personable and commercially minded", "phenomenally hard-working, phenomenally bright and phenomenally nice", “a standout junior”, “[having] brainpower and knowledge way ahead of his experience or years", who is "unstinting in his energy and intellectually rigorous in his approach".  Further recommendations from the directories are included in the relevant section below.

Paul appears led and unled, or as part of a team where he leads a more junior barrister. In recent years he has increasingly appeared unled against silks, including in final hearings and appeals. He has acted as counsel in courts at all levels of the English legal system, including a number of landmark cases such as The “Cape Bari” [2016] UKPC 20, [2016] Lloyd’s Rep Plus 69 (the first appellate case since 1897 to directly consider the issue of “contracting out” of an owner’s statutory right to limit his liability by reference to the tonnage of the Vessel); S v A [2016] 1 Lloyd’s Rep 604 (the latest word on extensions of time to challenge arbitral awards under s. 80(5) of the Arbitration Act 1996, notable for its confirmation of the continued applicability to post-1996 Act cases of Hobhouse J’s guidance in the Faith [1993] 2 Lloyd's Rep. 408 in cases where the statutory time-limit is missed due to delays in collecting/paying for the Award); The “Astipalaia” [2014] EWHC 120 (Admlty) (on assessment of damages in cases involving loss of primary trading markets such as trading for oil majors); Taurus Petroleum Ltd v Oil Marketing Company of Iraq (“SOMO”) [2014] 1 Lloyd's Rep. 432 (on third party debt orders and the situs of debts under letters of credit); Vitol SA v Sterling Oil Trading Ltd [2012] EWHC 3108 (Comm) (on the construction of entire agreement clauses in commercial supply contracts); and The “Cenk Kapitanoglu” [2012] 1 Lloyd's Rep 501 (The first reported example of a commercial agreement being set aside for “lawful act” economic duress).

To view Paul's full profile, please click here.

Koye Akoni

Koye has an international commercial practice which encompasses shipping, international trade, energy, insurance, and aviation. He also has a particular interest in issues engaging insolvency, equitable principles, and unjust enrichment. He regularly appears in the High Court and has also appeared in the Court of Appeal and Privy Council, and is also currently appearing in the Belgrade Special Court as a representative of the Cypriot holding company of Miroslav Miskovic in ongoing criminal proceedings against Mr Miskovic and others.

Prior to joining Quadrant Chambers, Koye worked in the litigation team (EMENA) of an energy multinational between 2012 and 2014. During that time, he advised on various matters including historical misallocation of processed oil and gas under a Production Sharing Agreement, interpretation of gas price review clauses in long- term gas supply agreements, and the purchase of assets in the administration of a joint venture partner. He also acted in several multi-million dollar arbitrations.

Koye’s shipping work encompasses all types of charterparty and bill of lading disputes. He has acted as junior counsel (led by Simon Croall QC) in a multi-million-dollar arbitration dispute concerning the effect on a time charterparty of a prolonged detention of a vessel by Venezuelan local authorities. The case raised issues of frustration, causation, and the construction of off-hire clauses. He has also appeared in two subsequent attempts to appeal partial final awards made in the arbitration proceedings pursuant to a clause conferring an express right of appeal on a question of law in ST Shipping and Transport Pte Ltd v Space Shipping Ltd [2016] EWHC 880 (Comm) and [2017] EWHC 2808 (Comm).

Koye has experience of advising on, and acting in wet shipping cases. Most recently, he was instructed in The Atlantik Confidence [2016] EWHC 2412 (Admiralty), a landmark case in the Admiralty Court regarding the breaking of limits under the Limitation Convention 1976 (as amended in 1996). It is the first case in which an English Court has determined that a person was barred from relying on the limits provided by the Convention, in this case, on account of having deliberately sunk its own vessel. He was led by Robert Thomas QC and Thomas Macey-Dare QC.

To view Koye's full profile, please click here.

Andrew Carruth

Andrew undertakes a broad range of commercial work with an emphasis on shipping (wet and dry), commodities, international trade and insurance (marine and non-marine).  Andrew specialises in dry shipping, commodities and transport disputes. He has extensive experience of advising, drafting and advocacy in relation to claims under charterparties and bills of lading, both in court proceedings and in arbitrations.

Andrew’s cases have concerned all areas of dry shipping, including cargo claims, freight and hire disputes, stowage issues, stevedore damage claims, dangerous cargo, unsafe ports, laytime and demurrage disputes, issues of delivery and re-delivery, bunker disputes and vessel speed and performance issues. He also has significant experience of wet shipping disputes.

Significant cases include: The Baltic Strait [2018] EWHC 629 (Comm) (led by Alistair Schaff QC) - a section 69 appeal concerning the interpretation of section 2(4) of the Carriage of Goods by Sea Act 1992 and whether a receiver of damaged goods can recover full damages despite having had no proprietary or possessory interest in them at the time of damage; The "Nordlake" v The "Seaeagle" [2015] EWHC 3605 (Admlty); [2016] 1 Lloyd's Rep. 656 (led by Lionel Persey QC) - a collision action involving the apportionment of liability between multiple vessels, arising out of a collision in 2011 and the sinking of the frigate INS Vindhyagiri.

He has handled numerous arbitration claims, including applications for permission to appeal under s.69 of the Arbitration Act 1996, challenges under s.68 of the Act and applications for the appointment of arbitrators.

Prior to joining Chambers, Andrew completed an LLM in International Commercial Law with a particular focus on the carriage of goods by sea, international trade and marine insurance. He has also undertaken secondments at a leading London shipping law firm.

To view Andrew's full profile, please click here.