Clyde & Co

Recent experience

• SLS Shipbuilding -v- Stolt Nielsen Tankers
• Unicorn Tankers -v- SLS Shipbuilding
• M/V Ocean Express I – collision with M/V Navios Celestial
• Hanjin Shipping -v- Unitas Finance Limited
• DSME -v- Brave Maritime
• TK Shipbuilding -v- MPC (34K new bulkers)
• 21st Century Shipbuilding - advising on performance guarantee
• STX Offshore & Shipbuilding – performance guarantee /enforcement
• STX Corporation – reviewing and advising on engine supply contract
• Samsung Heavy Industries – insurance on offshore project
• Hanwha Engineering & Construction – GA casualty
• GS Caltex Corporation – cancellation of the Charterparty
• Hyundai Mipo Dockyard – draft contract – CMA CGM – 27K CON-RO Vessel
• Hyundai Merchant Marine – reviewing/advising on all standard contracts
• Ital Brokers -v- LIG Insurance
• Classic Maritime -v- STX Pan Ocean (UK) Co Ltd : M/V Shagang Sunrise – wrongful withdrawal dispute
• Sunwoo -v- Fednav : M/V Bright Bulker - wrongful withdrawal dispute
• C& Heavy Industries Co Ltd -v- Target Marine
• C& Heavy Industries Co Ltd -v- Grand Union
• M/V Sunshine Jubilee – grounding case – GA / safe port warranty
• M/V Hyundai 105 - collision with M/V Kaminesan
• Samsung Fire & Marine: M/V Yiosonas – grounding – GA / recovery
• Hyundai Merchant Marine: M/V Tian Bai Feng – cancellation of the charter
• Bombardier Transportation Sweden -v- Hyundai Marine & Fire Insurance
• M/V Hyundai 103 – fire in the cargo holds
• Samsung Semiconductor (Europe) -v- CSC/Swissport
• M/V Hual Europe – grounding case – salvage / GA
• Samsung Electronic (France) -v- Korean Air / Handlair
• Hyundai Merchant Marine: M/V Jody F Millennium – grounding case
• Frans Mass -v- Samsung Electronics (UK)
• Hyundai Mipo Dockyard: M/V Baltic Carrier – collision with M/V Tern
• Samsung Heavy Industries: M/V APL Scotland – fire in the engine room
• M/V Eastern Queen / M/V Oceanic Star – C/P dispute – withdrawal dispute
• Daewoo Heavy Industries -v- Klipriver and Navibulgar (M/V Kapitan Petko Voivoda)
• STX Pan Ocean: M/V Domiat – collision with M/V Xenoula M

Charterparty disputes - advising on;

• Early redelivery - notice of redelivery, calculation of damages
• Securing claim - lien on cargo, freight, sub-freight, sub-hire, Rule B attachment, and associate ship arrest in South Africa etc
• Withdrawal – notice of withdrawal, repudiatory breach, damages
• Cancellation clause – missing laycan, breach, notice of cancellation, damages
• Payment of hire and withdrawal – late payment, partial payment, equitable set-off, waiver, estoppel etc
• Off-hire – general principle, 'net loss time' or 'period' off-hire, partial inefficiency
• Underperformance claim
• Frustration of charter – doctrine of frustration, frustration by delay, interruptions to the service during the charter period
• Intermediate hold cleaning dispute
• Safe port/berth warranty
• Laytime/demurrage
• COA disputes - nomination, 'evenly spread', breach, repudiatory breach, damages
• Cargo readiness
• Delays on approach voyage
• Voyage abandonment
• Bills of lading clause, LOI etc
• Cancellation clause – ready to load, notice of readiness
• Collision / salvage /general average
• Tonnage limitation/ package limitation
• Cargo claim / recovery claim
• Jurisdiction / governing law etc
• LMAA arbitration

Shipbuilding Disputes – advising on;

• Reviewing and advising on existing proforma shipbuilding contact and supply contract
• Negotiating and drafting specific contract terms for the yards or buyers
• Termination/rescission/cancellation by the buyers due to an excessive delay of delivery, permissible delay, authorised delay, force majeure, repudiatory breach, the buyers' entitlement to remedy contractually and/or under common law
• Critical path analysis – the appropriate principles and techniques for the demonstration of the nexus between cause and effect in the context of construction delay claim.
• Liquidated damages – delay in delivery, level of liquidated damages, repudiation of the contract, the buyer's right to rescind for excessive delay
• Termination/rescission/cancellation by the yards due to the buyers' default in payment of instalments or other breach, repudiatory breach, the yards' remedies
• Rescission of the contract, sale of the vessel, disposal of the proceeds of sale etc
• Performance and refund guarantee, wording and enforcement etc
• How to secure the yards' claim against the buyers in case where the buyers are SPC
• Warranty claim - latent defects, design fault, economic loss etc – fire, collision, and oil pollution etc
• The yards' liability for new damage caused by bad workmanship which took place during the repairingof warranty defect
• Novation agreement – 'consent shall not be unreasonably withheld' – what that means
• Assignment – benefits, burdens, prohibitions
• Option agreement – specific wording to protect the yards or buyers
• Financing the new building – contract price and terms of payment
• Description and classification society – inspection, approval, regulatory requirements
• Insurance – offshore project, builder's risk insurance
• Ship repair contract – reviewing and drafting specific terms