Eleanor Midwinter

Senior Lawyer

Eleanor Midwinter is a Senior Lawyer at Wikborg Rein's London office. She specialises in commercial disputes, and also provides non-contentious advice within her sector specialisms. Eleanor's key sectors are energy/physical commodities trading (LNG, oil, coal and biofuels), shipbuilding and superyachts.

2017- Senior Lawyer, Wikborg Rein, London_NEWLINE_2015-2017 Senior Associate, Holman Fenwick Willan LLP_NEWLINE_2010-2015 Associate, Holman Fenwick Willan LLP_NEWLINE_2008-2010 Trainee Solicitor, Holman Fenwick Willan LLP
Acting for the owner in London arbitration proceedings relating to the termination of a ship conversion contract, and related jurisdictional applications._NEWLINE_Acting in a series of LMAA arbitrations relating to the termination of shipbuilding contracts, and in relation to the related demands under refund guarantees._NEWLINE_Acting in SIAC arbitrations for a commodities trading company in relation to force majeure claims arising from the non-existence of an Indonesian coal mine._NEWLINE_Acting for ship-owning SPVs in disputes arising from the potential insolvency and restructuring of their charterers._NEWLINE_Acting for super yacht charterers in several cases relating to claims for breaches of service and vessel obligations under a MYBA charter._NEWLINE_Providing due diligence advice and assistance to banks and commodities traders on ship source pollution and environmental damage from storage facilities, and co-ordinating worldwide due diligence projects._NEWLINE_Advising on the application and interpretation of REACH/CLP to oil products and metals in various transactions, including repos._NEWLINE_Drafting and advising on oil and LNG sale and purchase contracts, master agreements, storage agreements, charterparties, letters of credit and guarantees._NEWLINE_Drafting and advising on NDAs, introduction and agency agreements_NEWLINE_BP Gas Marketing Ltd v La Societe Sonatrach & Anor, [2016] EWHC 2461 (Comm): This case raised issues concerning the construction of express contract terms, the implication of terms and contractual obligations of good faith. It was held that a long term agreement should not be amended or interpreted to reflect changing circumstances, but rather should be interpreted according to its natural meaning._NEWLINE_American Overseas Marine Corp v Golar Commodities Ltd [2014] EWHC 1347 (Comm) (07 May 2014): This case concerned the interpretation of the ShellLNGTime1 charter form, in circumstances where debris contained in a LNG cargo was said to have damaged the Claimant's vessel. It was held that to the extent that the cargo loaded by the Defendant contained debris, it was not a breach of the "injurious cargoes" term of the charter, not being likely to cause physical harm to the vessel._NEWLINE_DGM Commodities Corp v Sea Metropolitan SA [2012] EWHC 1984 (Comm) (18 July 2012): This appeal, and the underlying arbitration, concerned issues of frustration and non-delegable duties applicable to charterers, in this case, the obligation to discharge cargo was held to be a non-delegable duty._NEWLINE_Markerstudy Insurance Co. Ltd v Endsleigh Insurance Services Ltd [2010] EWHC 281 (Comm): This case concerned the interpretation of exclusion clauses, and in particular, the categorisation of direct, indirect and consequential losses, and the applicability of capped liability to interest claims.
2010-2017 Secretariat to the European Bulk Oil Traders' Association_NEWLINE_Secondment to commodities trading company MET Commodities London Ltd._NEWLINE_Secondment to Danish law firm Gorrissen Federspiel_NEWLINE_Experience as an insurance broker with HSBC