Our sector expertise in shipping and experience in cross-border insolvency gives us a unique insight into legal and commercial problems which frequently arise from the interaction of cross-border insolvency legislation and choice of law rules, the law of property, international trade law and international conventions.
We have acted in some of the largest insolvencies in the shipping sector in recent times including OW Bunkers and Hanjin Shipping.
We have put together a Maritime Insolvency Course, aimed at shipping specialists and what they usefully need to know about the insolvency issues that can arise.
A selection of our leading maritime insolvency specialists will provide insight into the following topical issues and cases, looking at the following six areas:
Wednesday 12 June
8am registration and breakfast
8.30am - seminar
Nigel has a commercial practice predominantly covering the fields of shipping, energy and insurance/reinsurance law. He appears before the business and appellate courts in England & Wales,and has a strong arbitration practice advising on and acting in disputes before all the main international and domestic arbitral bodies. Nigel accepts appointments as an arbitrator and has acted as a mediator and as a party’s representative in mediations. He has experience of public inquiries having appeared for the government in three major formal investigations.
Nigel’s commercial practice covers most aspects of international trade and the carriage of goods, commodities, brokerage and commercial management disputes, fraud & illegality, and professional negligence. His shipping practice includes all forms of bill of lading and charterparty disputes; shipbuilding (including superyachts and military vessels) and off-shore construction; ship sale and purchase; limitation and collision actions, pollution and, occasionally, Merchant Shipping Act offences. In addition to his commercial shipping practice, Nigel has a specialist interest in disputes in the yachting and marine leisure market. In the energy sector, Nigel’s work covers both upstream and downstream aspects of the industry. He has advised on and acted in disputes relating to drilling and exploration, to production and to the sale and purchase of energy products as well as on related issues such as the enforcement of related guarantees and the insurance of drilling units. Nigel’s insurance & reinsurance practice extends to policy disputes in both the non-marine and marine sectors. In all areas of his practice, Nigel is experienced in dealing with related jurisdictional and enforcement issues, including early measures to ensure the preservation of assets.
Nigel has considerable experience of handling cases that are factually and technically complex with a corresponding level of documents or which have required him to become familiar with new areas of law (most recently cross-border insolvency). He is known for being approachable and believes in working as a team with those instructing him. Nigel has a global client base and is increasingly instructed for disputes with an overseas seat of arbitration.
Nigel is recommended as a leading silk for shipping and commodities (Chambers UK & Global), Shipping (Legal 500 UK and Asia Pacific) and for Energy (Legal 500 Asia Pacific).
James M. Turner QC is a highly regarded and well-known Commercial Advocate. His practice encompasses commercial contractual disputes across sectors including International & Commercial Arbitration, Energy, Shipbuilding, Offshore Construction, Shipping and Banking.
He appears in the Commercial Court and the Appellate Courts (Court of Appeal and Supreme Court) and has extensive experience of Arbitration, appearing before domestic and international arbitral bodies (such as HKIAC, LCIA, ICC and LMAA) as well as in ad hoc matters.
Many of his cases require the co-ordination of a range of expert specialisms, ideally suited to James’s down to earth approach, team-building skills and highly-regarded technical knowledge. Reflecting the invariably international character of his practice, James has extensive experience in dealing with foreign law and multi-jurisdictional disputes. He has a particular eye for appreciating and addressing cultural barriers in international arbitration.
James is frequently instructed in charterparty, bill of lading and sale of goods and ship-sale disputes of all hues, involving cargo damage, unseaworthiness, maintenance, due diligence, ISM, off-hire, withdrawal, safe port, bunker contamination, purchase options, demurrage and detention, cancellation, faulty repair, title, risk, rejection (and so on) - and the many and varied issues which arise in connection with them.
He is particularly adept at difficult issues of contractual construction; technical disputes requiring an ability to master engineering and scientific expert evidence; and cases requiring a good knowledge and understanding of ships and seamanship. He is the co-author of Derrington & Turner on Admiralty Matters (2nd Ed., OUP, 2016), a multi-jurisdictional practitioners’ guide to ship arrest and related matters.
Robert is recognised as a talented advocate with a commercial practice encompassing a broad spectrum, from Chambers' core areas of aviation and shipping, to energy and construction, and financial services, insolvency and fraud. Many of Robert's cases involve cross-border, or other jurisdictional issues both in the UK and abroad and he most regularly appears in the Commercial, Chancery and Technology & Construction courts in the United Kingdom. He is also registered to practice at the Dubai International Financial Centre Court where he has frequently appeared and is called to the Bar in Northern Ireland and as a Foreign Legal Consultant in the State of New York. He is often asked to work on cases in the Caribbean (he is called to the bar of the Eastern Caribbean) arising out of contractual or commercial chancery disputes.
Robert is a Fellow of the Chartered Institute of Arbitrators and is one of the arbitrators at the Dubai International Arbitration Centre. He is also a panel arbitrator at the Asia International Arbitration Centre and the Hong Kong International Arbitration Centre. He has appeared in a wide variety of arbitral proceedings under different institutions' rules, and as sole or a panel arbitrator in ICC and LCIA proceedings. Robert is an accredited commercial mediator in the UK and abroad and is a TECBAR-accredited adjudicator, arbitrator and mediator.
Robert is ranked as a leading barrister in the current editions of Chambers UK and The Legal 500. Areas include commercial dispute resolution, international arbitration and aviation.
Nevil Phillips is among the most highly-regarded advocates at the Commercial Bar. He has featured as successful counsel in a number of recent high-profile commercial and shipping cases. These include Deep Sea Maritime Ltd v Monjasa A/S (The Alhani)  EWHC 1495 (Comm) (re the application of Article III, rule 6 of the Hague Rules to misdelivery claims); Re Three Arbitrations (P v Q, Q v R, R v S)  EWHC 1399 (Comm) (re the effect of contractual time-bars in charterparty chains, and the jurisdiction to extend time under s. 12 of the Arbitration Act 1996); and The Aconcagua Bay  EWHC 654 (Comm) (re the scope of “always accessible” under a voyage charter).
Nevil’s practice envelops all aspects of commercial and shipping advisory and advocacy work, encompassing the broadest spectrum of commercial, international trade, commodities, shipping, maritime, shipbuilding, ship sale, energy, insurance, finance, and jurisdictional disputes and associated areas and remedies. He appears regularly in commercial arbitration (both domestic and international, with experience before a wide variety of arbitral institutions, bodies and trade associations, including LMAA, GMAA, LCIA, ICC and associated bodies), the Commercial Court, and the appellate courts.
Nevil’s experience encompasses the entire spectrum of shipping disputes, and reflects his extensive knowledge and expertise with respect to both the contractual and practical trade/technical aspects of disputes. He is especially highly regarded for his experience and knowledge in relation to charterparty and bill of lading disputes (especially dangerous cargo cases, in which his knowledge and experience in alleged cargo liquefaction disputes is market-leading), claims arising in relation to domestic and international contracts of sale, and matters relating to the carriage of goods by road (domestic and international (CMR)) and storage (on ad hoc and institutional terms (NAWK, BIFA, RHA)). In the latter regard, Nevil has assisted in the drafting of new editions of well-known institutional standard market terms.
Jeremy specialises in commercial and modern chancery law. He is described in Chambers and Partners as a “superb advocate” whose “expertise in chancery, commercial and banking matters is a useful complement to his insolvency skills”. He has been ranked as 'Leading Junior' for Commercial Litigation and Insolvency in The Legal 500 2019.
Jeremy’s practice encompasses a broad range of commercial chancery and insolvency matters. He has a specialisation in cross-border insolvency issues particularly in relation to the shipping, commodities, insurance and aviation sectors. Jeremy has advised and / or appeared for key parties in OW Bunker, Hanjin Shipping, STX Pan Ocean, Alpha Insurance and Arik Airlines. Jeremy's practice also encompasses company law (including directors misfeasance), shareholder and joint venture disputes, sale of goods (both international and domestic), fraud (with an emphasis on asset recovery) and all aspects of general commercial law. He regularly appears in the Chancery Division as well as in the Commercial and Mercantile Courts. Jeremy often works in conjunction with Counsel from other jurisdictions and with experts.
Many of his cases involve a cross-over between ‘modern’ chancery and commercial litigation.
Jeremy was admitted to the New York Bar in 1996 and has worked as a New York lawyer for blue chip law firms in Manhattan and then the City.
Nicola specialises in civil fraud, insolvency, company law (particularly shareholder disputes) and banking litigation. Nicola's practice has a strong international element; she was called to the Bar of the BVI in 2012, in the Cayman Islands in 2016 (limited admission) and many of her cases raise cross-border and jurisdictional issues. Nicola has a wealth of trial experience both as sole counsel and as part of a team. Notable cases include the Weavering litigation which occupied her throughout most of 2016 and concerned a claim against the Fund’s Cayman auditors arising out of a large-scale fraud perpetrated by the Fund’s founder Magnus Peterson; a 10-week fraud trialSita v Serruys; a series of matters arising out of the collapse of the Arch Cru Fund; and a long-running shareholder dispute involving the Barclay Brothers and the affairs of Coroin Limited, the owner of Claridges, the Berkeley and the Connaught.
Nicola is recommended as a leading Junior for Commercial Litigation in the Legal 500 UK Bar 2019.
Mark has a broad international commercial practice, with particular emphasis in shipping, commodities, aviation, insurance and energy disputes. He is recommended as a leading practitioner in both of the independent guides to the market - Chambers UK and the Legal 500.
Mark appears regularly in litigation and arbitration proceedings. Significant recent instructions include:
An ongoing jurisdiction challenge concerning questions of agency and authority in a claim worth more than US$2m. Following a 2-day hearing before the arbitrators, the claim is now pending before the Commercial Court under s.67 of the Arbitration Act 1996.
A time charterparty dispute concerning whether a pro forma dry-docking clause was incorporated by a fixture recap for a short period charter. Following a 2-day hearing before the arbitrators, the claim is now pending before the Commercial Court under s.69 of the Arbitration Act.
Acting for the shipowners in another pending s.69 appeal concerning whether a cancellation-avoiding ‘Notice of Readiness’ must be tendered within office hours.
Deleclass Shipping v. Ingosstrakh Insurance (The Siderfly)  EWHC 1149 (Comm) and  EWHC 1135 (Comm): acting for the respondents in a security for costs application, and successfully establishing a ‘stifling’ defence.
The Bulk Indonesia  2 Lloyd's Rep. 385: successfully resisting an arbitration appeal under s.69 concerning the BIMCO Piracy Clause 2009.
Bunge SA v. Nidera BV  3 All E.R. 1082: acting as junior in the Supreme Court in this leading decision on the compensatory principle and the GAFTA Default Clause.
Mark’s published articles include The Nature of the Owner's Charterparty 'Lien' upon Sub-Hires and Sub-Freights (2013) Shipping & Transport International, 9 (4), 18-21.