Eleanor Midwinter

Senior Lawyer

Eleanor Midwinter is a Senior Lawyer at Wikborg Rein's London office.  She works for companies operating within international trade, physical commodities (primarily oil, biofuels and LNG) shipbuilding, dry shipping and marine insurance.  Eleanor has been working in these sectors for around 10 years, and has significant experience in managing disputes, international enforcement and contract drafting.  Work examples can be found in the 'relevant experience' tab.

In 2018-19 Legal 500 Eleanor was noted as "excellent" for shipping work.  She is also known for providing a very practical approach to advice and drafting, including in relation to trade sanctions and compliance. 

 

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
DRAFTING AND ADVISORY_NEWLINE__NEWLINE__NEWLINE_Advising P&I Club and members on interpretation of charterparties in response to Venezuelan and Iranian sanctions._NEWLINE_Advising owners on impact of the European "blocking regulation" in relation to US sanctions._NEWLINE_Advising trading client on sanctions and compliance clauses in relation to long-term oil trading contract._NEWLINE_Advising European trading company on long term LNG sale and purchase contract._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__NEWLINE__NEWLINE_ DISPUTE RESOLUTION_NEWLINE__NEWLINE_Acting for the defendant in English litigation proceedings concerning the interpretation of a specialised vessel design contract._NEWLINE_Enforcement of US$70m LMAA arbitration award across multiple jurisdictions._NEWLINE_Acting for shipbuilder in proceedings under ship conversion contract in Singapore, Hong Kong and the UK._NEWLINE_Advising the owners of two vessels on major disputes with their former bareboat charterers, sub-bareboat charterers, and guarantors, regarding the breach and early termination of long term bareboat charters across multiple jurisdictions. _NEWLINE_Acting in an international marine insurance dispute concerning pollution claims in Brazil and the UK._NEWLINE_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__NEWLINE__NEWLINE_ REPORTED CASES_NEWLINE__NEWLINE__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._NEWLINE_
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
2007-2008 LPC, BPP Law School, London_NEWLINE_2004-2007 Bachelor of Laws (First-class honours and Chancery Prize), Newcastle University