When two witnesses have conflicting recollections of oral statements made years ago, how does the court determine the truth?

Lloyd’s Salvage Arbitration Branch has released a new Lloyd’s Open Form of Salvage Agreement (“LOF 2024”), as well as a new Lloyd’s Salvage Arbitration Clause (“LSAC 2024”).

Lloyd's Salvage Arbitration Branch has released a new Lloyd's Open Form of Salvage Agreement ("LOF 2024"), as well as a new Lloyd’s Salvage Arbitration Clause ("LSAC 2024").

The Electronic Trade Documents Act, which came into force in September 2023, enables a “trade document” in electronic form to be used in the same way as its paper equivalent provided that certain criteria are met.

The English Court of Appeal has recently rendered judgment in the dispute between salvors and the shipowners as to whether a salvage contract on commercial terms had been made in connection with the re-floating of the “Ever Given” in the Suez Canal in March 2021 (SMIT Salvage & Ors v. Luster Maritime SA & Anr (The Ever Given) [2024] EWCA Civ 260). The judgment illustrates the importance of the parties making clear during negotiations whether they intend to be bound.

The Court of Appeal in London has given further guidance on charterers’ ability to limit liability following the High Court decision in the MSC Flaminia (No. 2) reported in our December 2022 edition, giving some important clarification to the types of limitation claims charterers can make.

With 17 new lawyers joining our London Office, we are expanding our English law capability for international dispute resolution and financing projects.

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Shipping

Partner

Chris is a Managing Partner at Wikborg Rein's London office and is an English Solicitor. Chris specialises in shipping, oil & gas, and commodity trading law. 

Shipping
He has extensive experience of all aspects of shipping law (both globally and especially within Asia having lived and worked there for 12 years). He has been involved in handling some of the world’s major casualties and pollution incidents. Chris regularly advises shipowners, charterers, P&I clubs and traders on all aspects of carriage of goods, charterparty and marine insurance law. Chris also has extensive experience of shipbuilding and S&P disputes.

Offshore
In the offshore industry Chris advises operators and contractors in the drafting and negotiation of proposed contracts; handling claims and disputes concerning contractual performance; accidents; and claims under insurance policies. His experience includes all aspects of the industry from the initial bid and tender process through commissioning, and in-field operation. He has acted for all sectors of the industry including EPC and EPCI contractors, drilling contractors, FPSO/FLNG operators, accommodation rig providers, supply boat /barge operators, and oilfield service contractors.

Trading
Chris’ trading experience includes advising commodities traders, especially metals, coal and oil traders with their sale and purchase arrangements, particularly for long term off take contracts and disputes. Chris has handled numerous disputes for traders arising out of delays, force majeure, quality issues and letter of credit problems.

Commercial Fraud
Chris has extensive expertise of acting in civil fraud claims in the shipping and offshore industry including asset tracing, he has particular expertise in cases involving Russia, the CIS, China, Indonesia and Vietnam as well as Europe.

Compliance and Crisis Management
Chris has significant experience advising clients on compliance, regulatory and investigations in the Marine Sector. In particular, he has been extensively involved in anti-bribery and corporate crisis management including the conduct of internal investigations and the handling of criminal law consequences and civil disputes triggered by potential misconduct.

London

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Chris is a Managing Partner at Wikborg Rein's London office. He specialises in shipping, oil & gas, and commodity trading law.