Shows
Case by CaseEp #89 Rule B over foreign banks unpacked with Philip Vagin (Ultra Deep Picasso v. Dynamic)Case: Ultra Deep Picasso Pte. Ltd. v. Dynamic Industries Saudi Arabia Ltd., 119 F.4th 437 (5th Cir. 2024)Guest: Philip Vagin, Senior Associate at Floyd Zadkovich. In this episode of Case by Case Luke Zadkovich and Calum Cheyne are joined by Philip Vagin, a senior associate with the firm, to discuss a recent US decision on Rule B attachments of bank accounts called Ultra Deep Picasso Pte. Ltd. v. Dynamic Industries Saudi Arabia Ltd. In this case the first instance federal court in Texas and then the Fifth Circuit Court of Appeals ruled against Ultra De...2025-04-2549 min
Case by CaseEp #88 Anti-Anti Suited and BootedCase: Euronav Shipping NV v Black Swan Petroleum DMCC [2024] EWHC 896 (Comm)Guest: Oliver Caplin KC, Twenty Essex In this episode of Case by Case Luke Zadkovich and Calum Cheyne are joined by Oliver Caplin KC to discuss Euronav Shipping NV v Black Swan Petroleum DMCC [2024] EWHC 896 (Comm), a case of which Oliver Caplin was instructed on, acting on behalf of Black Swan Petroleum DMCC.In this case the High Court of England ruled against Euronav's request for an unusual type of injunction known as an "anti-anti-arbitration injunction" (AAAI). The dispute arises out of a relationship o...2024-12-1951 min
Case by CaseEp #87 Hedging your bets with Rufus ConstableCase: Rhine Shipping DMCC v Vitol SAGuest: Rufus Constable, Associate at Floyd Zadkovich No Calum this week whilst he is away at Hong Kong Maritime week, however Luke is joined by Rufus Constable, Associate at Floyd Zadkovich. This case addresses the impact of internal hedging practices used by commodities trading houses and their impact on the damages award in a related charterparty dispute. Vitol, a major oil trader, voyage-chartered the MT DIJILAH from Rhine Shipping to transport 920,000 barrels of Brent Crude from W...2024-12-0556 min
Case by CaseEp #86 Hold on to our (arbitral) seats with Dr Paul MacMahonCase: UniCredit Bank vs. RusChemAllianceGuest: Dr Paul Macmahon, Associate Professor of Law at the LSE Law School and the Director of the Executive LLM ProgrammeEpisode SummaryIn this episode of the podcast, hosts Luke Zadkovich and Calum Cheyne welcome Paul McMahon, an associate professor of law at LSE, to discuss the complexities of determining the governing law of arbitration agreements under English law following the UK Supreme Court decision in UniCredit Bank vs. RusChemAlliance. In this conversation, the speakers delve into this topic’s substantive and procedural complexities and practical effects. They foc...2024-11-211h 09Case by CaseEp #81 Jury EquityIn this case, the Solicitor General seeks permission from the High Court to bring contempt proceedings against Ms. Trudi Ann Warner. The allegations stem from Ms. Warner’s actions outside the Inner London Crown Court on March 27, 2023, where she displayed a placard targeting jurors involved in the trial of individuals affiliated with the environmental group Insulate Britain.The placard bore the handwritten words: “JURORS YOU HAVE AN ABSOLUTE RIGHT TO ACQUIT A DEFENDANT ACCORDING TO YOUR CONSCIENCE.” The Solicitor General contends that Ms. Warner deliberately targeted jurors, potentially influencing them to acquit defendants associated with climate activism, irresp...2024-05-0223 min
Case by Case#73 Pre-emptively Peremptory?With Luke deep in hearing prep this week, Calum was joined by Miguel to look at a (slightly speculative...) attempt to use the wording of the LMAA Small Claims procedure to bar a claim.A quick fire one this week - but a snapshot into an interesting maritime law point, London Arbitration 9/23.2023-08-0215 min
Case by Case#72 Fresh Quince-of-Bel Care DutiesWith Luke on the move this week, Calum drafted in his compatriot Leo Rees-Murphy to discuss the recent Supreme Court decision in Philipp v Barclays. A really instructive decision on the duties owed by a bank to their customers with respect to fraudulent transfers.It seems inevitable that we are in for a wave of banking fraud - an inevitable outcome of AI that can replicate a person's speech to an unerring degree of accuracy. The question in this one is whether the bank has a duty (in the face of a customer insisting that the payment is made...2023-07-2727 min
Case by Case#71 Refining the Law on Foreign ExpertsCase by Case 71 - Refining the law on Foreign Experts"This is not a paid commercial... but ... TimTams!"After the yummy detour, this pod is about a serious arbitration topic.The scope of an arbitration agreement. We know it well under English law. Here the question is subject to Iranian law. Before an English arbitral panel (and challenged then appealed in the English courts up to the Court of Appeal). What legal principles from the incorporated foreign law should the English arbitral panel be guided by ?It is a trap for the unwary.2023-07-2046 min
Case by Case#70 Captured in TimeLuke and Calum are back this week to talk about case CL-2022-000595.Thanks for listening !2023-07-1338 min
Case by Case#69 From Gadani to the GarageLuke and Calum are back this week to talk about London Arbitration 7/23.Enjoy!2023-06-2917 min
Case by Case#68 The Place to Rule BThis week Luke and Calum discuss US Court of Appeals case Bunge, S.A. v. ADM Int'l Sarl, No. 22-1276 (3d Cir. Jun. 2, 2023).Enjoy!2023-06-2234 min
Case by Case#67 A case by case of Case by Case: Live in New YorkThis week we have a special one in store - Luke and Calum recorded an episode of Case by Case at our New York Lunch & Seminars event with a live audience of clients and colleagues. In this episode, the two recap the most important and interesting cases of 2023 so far.Enjoy!2023-06-1552 min
Case by Case#66 Bull's Eye???This week Luke and Calum discuss English Court of Appeal case FIMBank PLC v KCH Shipping Co Ltd (“The Giant Ace”) [2023] EWCA Civ 569.This is a good one. All about whether a claim for misdelivery arising after discharge of the goods from the vessel is time barred or not. Hague Rules versus Hague Visby Rules... Is there a big difference between the two versions of the Convention on the application of the one year time bar to post-discharge misdelivery claims? The court states that it found the "bull's eye" in the travaux préparatoires reaching its decision... We as...2023-06-0837 min
Case by Case#65 Cause and (no) effectThis week Luke and Calum discuss the English Court of Appeal case of Unicredit Bank AG v Euronav NV [2023] EWCA Civ 471.This is a fascinating case that gets into the heart of the status of paper bills of lading. It highlights the dangers for banks in relying on paper bills, where the charterparty allows for novation of the charterparty and delivery against a letter of indemnity from charterers. This sets up a convincing argument for the adoption of e-bills of lading for banks. We explore the limits of the principle that the bill of lading in the hands...2023-06-0239 min
Case by Case#64 In the Bunker(s)Case by Case - episode 64: In the Bunker(s)What are bunkers? Fuel on ships. You know when you hire a rental car and it comes with a full tank... and you need to choose whether to give the car back with a full tank (having filled up yourself) or you pay the top up amount at the rental company's price? Well, we are talking about something similar here. Ships don't usually get delivered, or redelivered, on time charters with full tanks. But how do you deal with the bunkers? Here we look at what formula...2023-05-2522 min
Case by Case#63 Aussie Gurls v California GurlsThis week Luke Zadkovich is joined by FZ pro bono leader Romina Santos Reyftmann to chat about a very publicly covered trademark dispute, featuring pop singer Katy Perry and an Australian clothing designer under the name of Katie Perry. Tune in for all the details on Australian Federal Court decision of Taylor v Killer Queen, LLC (No 5) [2023] FCA 364. Enjoy!2023-05-1855 min
Case by Case#62 Florida judges call off New York vacationThis week Calum is joined once again by FZ senior associate Philip Vagin for a discussion about United States Court of Appeals, Eleventh Circuit case Corporacion AIC, SA, Plaintiff-Appellant, v. Hidroelectrica Santa Rita S.A., a Guatemalan company, Defendant-Appellee, No. 20-13039 (11th Cir. 2023).Enjoy!2023-05-1134 min
Case by Case#61 The Usual SubjectsThis week Luke and Calum are back with a chat about England & Wales Court of Appeal case DHL Project & Chartering Ltd v Gemini Ocean Shipping Co Ltd [2022] EWCA Civ 1555.Enjoy!2023-05-0447 min
Case by Case#60 Ever Given - Salvaging a ContractWe go back to the moment when everyone knew what shipping lawyers dealt with. The Ever Given blocked the Suez Canal in March 2021. Luke and Calum remember it like yesterday.
This case is all about the alleged contract between the salvors and the shipowners to refloat the vessel. Was there one or not?
How do you know when two parties have demonstrated an ‘intention to be bound’ to a contract?
Trickier than it first seems and we think there may be a bit of cont...2023-04-2056 min
Case by Case#59 Two Bites of the Arbitral Award CherryIn this episode, Luke is joined by Eva-Maria Mayer, senior associate with FZ based in New York. Eva and Luke discuss Smarter Tools Inc. v. Chongqing SENCI Import & Export Trade Co. Ltd. et al., No. 21-724, (2d Cir. Jan. 17, 2023).We hope you enjoy!2023-04-1327 min
Case by Case#58 Bankers eat Quince(care) late in HKThis week Luke and Calum welcome a special guest! Matthew McGhee, barrister with Twenty Essex Chambers to discuss Hong Kong Final Court of Appeal case PT Asuransi Tugu Pratama Indonesia TBK v Citibank NA [2023] HKCFA 3.
We hope you enjoy!2023-04-0641 min
Case by Case#57 Navigating the port unsafelyThis week Luke and Calum are joined by ZFZ Senior Associate Philip Vagin to discuss London Arbitration 2/23.
Enjoy!2023-03-3036 min
Case by Case#56 Process of DeductionCase by Case - episode 56 - Process of Deduction.
This week Luke and Calum discuss the English High Court case Fastfreight Pte Ltd v Bulk Trident Shipping Ltd (Re Arbitration Act 1996) [2023] EWHC 105 (Comm) (24 January 2023).Off-hire. An essential concept in time charters.What if parties make the payment of hire absolute, in the sense that charterers are unable to deduct off-hire claims from hire payments during the charter (with off-hire claims to be handled later)? That's possible, right? Did the parties do that here?Can one word - "deduction" - change the meaning of a...2023-03-2326 min
Case by Case#55 Snooze, You LoseIn this week's episode, Luke and Calum discuss English Commercial Court case Anron Bunkering DMCC v Glencore Energy UK Ltd [2023] EWHC 295 (Comm). Commodity sales contract dispute between buyer and seller. Seller paid significant sums but not the full price. Buyer received those sums and discharged much, but not all, of the cargo.
The claimant seller got themselves into a procedural pickle. They brought the claim late. The limitation period was in play if the unjust enrichment claim arose more than six years ago.
The claimant stopped paying its solicitors (can I say, not a good idea?!). S...2023-03-0932 min
Case by Case#54 Achilleas' HeelCase by Case - episode 54 - Achilleas' Heel
Here we have an audio pod on a recent shipping arbitration award. Did this one on the fly without vid. Still got into a juicy topic.
Late redelivery of a vessel at the end of time charter. What damages are recoverable? Surely that is settled - following the Achilleas principles... Second limb of Hadley... Special circumstances known prior to fixing, and all that.
Well, ... what if the parties make an attempt to allocate the risk differently to that case law?
Secondly, is that...2023-03-0221 min
Case by Case#53 Are Bitcoin Developers Fiduciaries? Part 1Case by Case 53 - do bitcoin developers owe fiduciary duties to users? We think this is one of the most fascinating and interesting pods we've done.
Essentially, we are discussing a legal issue here that could re-cast the entire understanding and premise of bitcoin and blockchain based systems.
What I love about this discussion is the intersection of new technology and the law. How does the law overlay and cope with a fast developing area of societal life?
How should the law regulate the internet?
These are questions for our time...2023-02-2353 min
Case by Case#52 Leaking through an insurance loopholeCase by Case podcast - no. 52 - Leaking through an insurance loophole...
We're over to insurance law today with a discussion on discuss the English Court of Appeal case Brian Leighton (Garages) Ltd v Allianz Insurance Plc [2023] EWCA Civ 8 (11 January 2023).
Vehicle repair and refuelling garage claimed insurance cover under an all risks policy for property damage.
A rock seemingly punctured a pipe. Fuel leaked. It spread across the property. Contamination followed. Business shut down, for good.
The policy appears to exclude damage caused by pollution or contamination. Or does it?!
2023-02-1635 min
Case by Case#51 Liens and LossesCase by Case episode 51 - Liens and Losses.
Back for another year after a winter break with another studio episode.
This time, Luke and Calum discuss English Commercial Court case Trafigura v TKK Shipping [2023] EWHC 26 (Comm)!
Great to be in the saddle 🏇 again, with Partner Cheyne riding alongside...
Parties in London arbitration sent a legal question by consent to the English court for decision.
That question was all about what "goods lost or damaged" means in the Article IV, rule 5(a) of the Hague-Visby Rules.
Does 'damage' mean phys...2023-02-0946 min
Case by Case#50 Sugar RushEpisode 50! What an exciting milestone. This episode, we not only celebrate our golden jubilee, but also share a special announcement:Congratulations to Calum on his promotion to Partner at our law firm, Floyd Zadkovich!We hope you, our valued listeners, enjoy this third case in our trilogy of lookback cases. We’ve been analysing a few old cases to coincide with Luke's launch of the inaugural International Commodities and Shipping Law at UoW. This week looks back at Compagnie Commerciale Sucres et Denrees v C Czarnikow Ltd [1990] UKHL J1011-2.Luke and Calum will...2022-12-1452 min
Case by Case#49 Condition, innominate or will-o'-the wisp?In this second of their trilogy of 'look-back' cases, Luke and Calum explore the salient case of Bunge Corporation (New York) v Tradax Export SA (Panama) [1981] APP.L.R. 02/25.
As Luke is preparing to launch the inaugural course on International Shipping and Commodities Law at the University of Wollongong, he reviews key older cases in the process.
Ever wondered why time-based delivery clauses in a commodities sale and purchase contract are (typically) considered to be conditions?
Ever wondered what is an innominate term?
Ever wondered how to tell the difference between...2022-12-0744 min
Case by Case#48 Mash's PotatoesAs Luke prepares to launch the International Shipping and Commodities intensive law course at the University of Wollongong in a couple of weeks, he's had cause to look back at some leading cases.
Here's one of them: Back to the 1960s. The Beatles, Civil Rights activism, flares, and... Mash & Murrell Ltd. v Joseph I. Emmanuel, Ltd. [1961].
A commodities legal dispute over potatoes.
As between international buyers and sellers, is there an implied term as to quality that the goods will be capable of sustaining the contemplated sea carriage?
A great case...2022-12-0134 min
Case by Case#47 Scottish IndyRef2 - The Supreme Court Decision ExplainedThis is a big case. Scottish Independence Referendum 2 - the sequel?
As you will have seen from the news, the UK Supreme Court handed down its decision yesterday.
No vote allowed by Scotland without UK parliament consent.
That’s the headline.
But what was the actual legal case about? What issues were considered? Why did the court rule in the way it did? Does the decision leave Scotland with a second bite at the cherry?
We certainly learned much more about this issue, beyond what we read in the news. ...2022-11-251h 01
Case by Case#46 Guess Who?In this episode, Luke Zadkovich and Calum Cheyne discuss the English Court of Appeal case Loreley Financing (Jersey) No 30 Ltd v Credit Suisse Securities (Europe) Ltd & Ors [2022] EWCA Civ 1484 (10 November 2022).
An issue on privilege decided for the first time in centuries…
Is the identity of individuals providing instructions for a client inherently privileged ?
Is there a Canadian style “zone of privacy” in English law privilege?
Don’t forget the proportionality test in RFI requests!
The Lord Justice Males Fan Club rollicks on.
Listen in to discover this surprisin...2022-11-1751 min
Case by Case#45 Be careful what you word forThis week Luke and Calum discuss demurrage claims and time bars in a recent SMA case Stolt Tankers BV v. Stryker Fuels LLC (MT “MONAX”) – SMA No. 4449, 4 August 2022.
How many times are we going to say that the specific words chosen in a contractual clause are important?!
Yet another example - where the words used may not align with original intentions.
"covered by this Charterparty" - what does that mean?
Does it mean the total cargo referred to in the charter or does it mean each parcel of cargo referred to in the...2022-11-1029 min
Case by Case#44 Within the four corners of FMOne of the most intriguing shows we've recorded. In this episode, Luke and Calum discuss the English Court of Appeal decision MUR Shipping BV v RTI Ltd [2022] EWCA Civ 1406 (27 October 2022) handed down by Lord Justice Males.
From Venezuela’s collapse to global pandemic and then onto horrific war in Ukraine - force majeure clauses and sanctions have been under the spotlight.
Indeed it’s fair to say that we’ve lived and breathed these very issues assisting clients for the last few years. We now have a case to discuss squarely on point.
It is a...2022-11-0348 min
Case by Case#43 COGSA in a land downunder(Better if you sing that title to hear the rhyme. Get it?)Indeed Luke asked Leo Rees-Murphy and Calum Cheyne to sing us in, but alas. Jokes aside, this is one for you cargo liability lovers at P&I Clubs, commercial cargo insurers, shipowners or commodity traders/cargo interests.A dive into the interplay between Australian COGSA and English maritime arbitration clauses. Much more to this than meets the eye. And highlights how local COGSA regimes around the world can throw up curly issues. There are some really interesting inconsistencies and lacunas in Australian COGSA. This Federal Court of Austr...2022-10-2837 min
Case by Case#42 The Miracle HopeA bumper episode on one of Luke's favourite topics: misdelivery claims. Why? Without wishing to sound too nostalgic - it was over such a claim that he met co-founding partner, Edward Floyd.
The bond formed in handling that massive UK/US claim together, about 10 years ago, subsequently became the foundation of the firm.
Beyond the romanticism, misdelivery claims are arguably THE quintessential maritime claim: the very recent English High Court case of Trafigura Maritime Logistics PTE Ltd v Clearlake Shipping PTE Ltd [2022] EWHC 2234 (Comm) (03 October 2022). Surely delivering the goods to the right party is pretty...2022-10-2058 min
Case by Case#41 Does wireless equal email?In this episode, Luke Zadkovich and Calum Cheyne are back for a 1 on 1 episode after having a series of exciting guests on the podcast. They discuss London Arbitration 30/22, where the validity of a notice of readiness (NOR) submission via email is put into question.
This is a short but sweet one. The contract provided for certain forms of notice to be given. On its face, a notice outside that list was issued. There is pre-existing legal authority suggesting such notice is defective.
But this arbitral panel thought otherwise. Quite an interesting one. Probably a sensible, p...2022-10-1314 min
Case by Case#40 Trust us, we're lawyersWe are delighted to celebrate our 40th podcast episode of Case by Case with leading lawyer, James d'Apice of Chamberlains Law Firm from the PPL (completely made-up, Podcast Premier League)!
Joining us from a land downunder, we are thrilled that James jumped on to share his thoughts, insight and above all, humour with our listeners.
What is more fascinating than an old fashioned family feud of the multimillion dollar kind... In all seriousness, we get into the depths of trust law on this one New South Wales, Australia Supreme Court case Gillespie v Gillespies Cranes...2022-10-0640 min
Case by Case#39 A veritable smorgasbord of common FD&D disputesMoving up in the world! This time Luke and Calum stopped by a London recording studio, and for a guest well worth the upgrade. Jim Leighton of the North of England P&I Club has been a regular listener to the podcast since the early days, and we were thrilled to have him join us on this one.
A great case to cover some serious territory - London Arbitration 29/22 featured in LMLN. A smorgasbord of shipping cases indeed... speed and performance, redelivery not in good condition, hull fouling, bimco piracy clause, vessel damage, redelivery without full bunkers a...2022-09-2939 min
Case by Case#38 Ready or NotIn this episode of Case by Case, Luke Zadkovich and Calum Cheyne welcome FZ London associate Lucy Noble. Lucy has been a real star in our team since joining on qualification a couple of years ago. This interesting case about compliance with Charterers' orders was right in her sweet spot.The three discuss the English Commercial Court case of CM P-Max III Ltd v Petroleos Del Norte SA (Re MT Stena Primorsk Voyage Charter) [2022] EWHC 2147 (Comm) (12 August 2022). The case turned on whether or not the Master reasonably decided not to follow Charterers' instructions to berth, c...2022-09-2232 min
Case by Case#37 Delicate Subjects - "Shipper / Receiver Approvals"In this episode of Case by Case, Luke Zadkovich and Calum Cheyne are delighted to welcome maritime arbitrator and shipbroker, Tim Hartland, to discuss a recent English Commercial Court case DHL Project & Chartering Ltd v Gemini Ocean Shipping Co Ltd [2022] EWHC 181 (Comm).
The curly area of "subjects" always makes for a good discussion.
Subjects are all about whether a contract is formed with something that must happen in the future OR whether something must first happen before a contract is formed.
We got into here. Surprise and debate about whether the right...2022-09-1548 min
Case by Case#36 Bells Angels: an exceptionThis week, Luke and Calum discuss the English Commercial Court case of Lenkor Energy Trading DMCC v Irfan Iqbal Puri [2022] EWHC 2113 (Comm).
World-wide freezing orders draw a lot of attention. When obtained, they can have a drastic impact on a defendant. A freezer does what it says. It maintains the status quo over a defendant's assets and prevents dissipation, while an underlying substantive claim is resolved and ultimately paid.
However, there are typically exceptions in the order. One exception is that the defendant can continue to pay legal costs from its assets notwithstanding the freezer...2022-09-0836 min
Case by Case#35 Lien on MeThank you to our regular listener, Jim Leighton, for this suggested London arbitration case. You were right about the Yuta controversy, Jim! We always welcome feedback and suggestions.
To do the topic justice we brought in a big hitter. Philip Vagin knows this territory like the back of his hand. And he is coming on the podcast in top form, having had his published article in the Tulane Maritime Law Journal (ed. 45, pg 509) on the recovery of economic losses in collisions cited on Monday in the US federal judgment of Shallow Water Equipment v. Pontchartrian 2022 WL 3755041. A...2022-09-0141 min
Case by Case#34 Arrest gone wrong, or wrongful arrest?On this episode - we have the return of the Divinegate... listeners may remember we looked at a jurisdictional preliminary issue regarding arrest on this case a while back. Now the High Court Judgment is with us.There was not a lot of quantum in dispute, but we're glad this case was run, because it has given us a really interesting judgment on two distinct points:1 - Speed and Performance - particularly the application of a current factor. Some 'new law' on that in this Judgment.2 - Wrongful arrest - The arresting party got the arrest 'wrong'. There was...2022-08-2634 min
Case by Case#33 Covid Quarantine - An off-hire event?We are seeing legal decisions on Covid cases regularly come through the courts and arbitral panels now. And this is an interesting one.
Turns on wording in an influenza clause, and how that interacts with the usual clause 15 NYPE off-hire clause and a pestilence and illness clause. There's also a curly causation question in there for good measure.
Calum and Luke worked very closely together at the height of the pandemic in 2020 on various of these legal cases on responsibility for delays caused by Covid-19. They've been dealing with them ever since.
...2022-08-1826 min
Case by Case#32 Termination for TerrorismIn this episode of Case by Case, Luke and Calum discuss the recent ship finance decision of OCM Maritime Nile LLC & Anor v. Courage Shipping Co Ltd & Others (Courage and Amethyst) [2022] EWHC 452 (Comm) from the English Court of Appeal coming from the Commercial Court.
With the imposition of recent US/UK/EU sanctions regimes, we’ve been advising extensively on the consequences. They can be drastic.
This case highlights the dramatic impact of the US government’s listing of an UBO as a “specially designated global terrorist”. Here it resulted in the loss of ships. Largely du...2022-08-1137 min
Case by Case#31 Wagatha Christie – Vardy vs Rooney. Leicester vs Man U. English player’s wife vs English player’s wifeYes, we have strayed away from commercial litigation and arbitration in the world of PR, celebrity, football, gossip mags, leaks, lies and truth. This case is a surreal insight into the media industry and what goes on around the world of professional football.
It is amazing that this case went through to hearing. That we have a High Court judgment detailing the ins and outs of text messages between ‘wags’ of the English football team and between celebrity and agent. The English football national former captain in the witness box.
Was Ms Rooney’s great reveal...2022-08-0450 min
Case by Case#30 Force Majeure - Covid in the CourtroomA little over two years ago, Covid swept across the world for the first time, swiftly followed by law firm bulletins addressing the question of "What is Force Majeure?". Two years on, one of the earliest examples of alleged Force Majeure caused by Covid is subject to a High Court Judgment.
The parties had agreed a contract for the sale of a ship. Due to Covid restrictions, the sellers could not get the ship into the port at which delivery was anticipated to take place. The buyer alleged force majeure, and sought a return of the deposit...2022-07-2840 min
Case by Case#29 A bill is bornIn this episode, Joe Gosden, FZ partner, joins Luke to discuss a fascinating topic in shipping law.A bill of lading in the hands of a charterer is a mere receipt of goods. It is not yet a contract of carriage between bill holder and carrier. When that bill is endorsed, it becomes a contract of carriage in the hands of the non-charterer endorsee.But what happens if the shipper/charterer holding the bill as a receipt novates away the charterparty. Is the bill operable in the hands of that shipper (and no longer the...2022-07-2136 min
Case by Case#28 Full Disclosure - Exploring Litigation Privilege and Waiver of PrivilegeWhat is litigation privilege? When does it apply? When doesn’t it?
There is a fine line between a probable prospect of litigation and a mere possibility of it. Where to draw that line is the challenge. We explore this in detail.
This episode also serves as a user guide on litigation privilege, highlighting the key principles and how to navigate them.
The dreaded ‘waiver of privilege’ is often on a lawyer’s mind when referring to legal advice in open communications or as in this case, a witness statement. And if it isn't, then i...2022-07-1434 min
Case by Case#27 Now you see me, now you don'tThis is one for arbitration enthusiasts.
“We’ve always done it that way,” is said to be one of the most dangerous phrases in business.
Sometimes a case comes along that questions a process you’ve been doing for years. Appointing arbitrators - easy enough, right?! Well…
In this episode, Calum and Luke discuss what is required for an effective arbitrator appointment.
Is it a contract, is it status or is it a stand-alone three-part test…? Listen in to find out.2022-07-0726 min
Case by Case#26 (Anti-)Suit Up! When does a ‘security action’ breach a jurisdiction agreement?One of aspects Luke enjoys most about practising international trade and shipping law is its multi-faceted nature. Some of those facets include:
➡️ substantive law - who is right and wrong on the arguments in the underlying dispute?
➡️ jurisdiction - where in the world should the dispute be heard?
➡️ arguably most importantly, security and enforcement - how do you secure that there are assets to enforce against your arbitral award or court judgment at the end of the day?
This case primarily focuses on the second of those, but is also relevant for the third point...2022-06-3027 min
Case by Case#25 Did someone turn the lights off?We're back from a brief break with a fresh episode of Case by Case. This time Luke and Calum review London Arbitration 16/22.
No - the analogy is not about the lights being turned off and on our podcast series. We are looking at vessel blackouts causing off-hire under a charterparty. A topic we know well from other cases we've handled recently. In addition to off-hire, our chat also touches on redelivery, notice under early termination clause and repudiatory breach.
Listen in over the coming weeks and months, as we work our way through a...2022-06-2323 min
Case by Case#24 Silver Base Jumping in the Cayman IslandsCalum and Luke have been wanting to share this episode for a while now. It was great to catch up with Ben Hobden of Forbes Hare - a leading and highly regarded restructuring and insolvency lawyer in the Cayman Islands. Here it is:
Administration and insolvency proceedings are on the rise. This was before the horrific events in Eastern Europe of the past week, which have caused major turmoil on global markets and remain front of mind for us all. Of course, the pandemic had a significant impact on a variety of businesses, and not uniformly so...2022-02-2436 min
Case by Case#23 Case by Case: LIVE at the SMA!Yes, that’s right - we recorded our first live podcast episode to an audience! And what an exceptional audience it was. The luncheon was put on by the Society of Maritime Arbitrators, New York, and we were very fortunate to speak with approximately 40 leading US maritime arbitrators and counsel at the event.
We took the recent English Court of Appeal decision in the Eternal Bliss to the US. Literally and theoretically.
The episode explores whether demurrage covers all kinds of losses arising from a breach of laytime. It’s a one breach / two losses case...2022-02-1737 min
Case by Case#22 Adedoyin Afun, on the Nigerian Jurisdiction for an Arrest over Unpaid Crew WagesFor the first time, we welcome an external colleague onto the show. Among many accolades and prestigious awards, Ade is a highly-respected Nigerian lawyer, with an expertise in maritime disputes.
Ade joins Luke and Calum on today's episode to discuss a recent decision in the Nigerian Courts, the effect of which appears to constrain the ability of the Nigerian Courts to give an order for a vessel arrest in respect of unpaid crew wages. Good news for Owners - but a decision that would make the Nigerian Court system a real outlier.
This conversation discusses...2022-02-1034 min
Case by Case#21 A Classic Case of "Who Dunnage?"Luke and Calum review London Arbitration 5/22 - A decision which looks at issues involving mitigation, remoteness and correctly particularising a damages claim.
During the podcast, Calum references Court of Appeal obiter comments, which deal with a potentially large claim for failure to re-deliver a vessel on time. The case is The Achilleas, and the citation is: Transfield Shipping v. Mercator Shipping (The Achilleas) [2007] 2 Lloyd’s Rep. 555 (C.A.). The relevant passage is Rix LJ's comments at Para 122 and is set out below:
As for illegitimate voyages, it seems to me that special considerations may arise he...2022-02-0323 min
Case by Case#20 The Curious Case of Novak DjokovicThe leading sports news story of 2022 has been a legal one. Novak Djokovic has run the full gamut of the Australian immigration system. First he had a visa, then he was put into detention, then he was released, before finally the Australian Government revoked the visa and sent him home.
In this episode of case by case, Luke and Calum look at the final decision of the Federal Court, by which Djokovic was unceremoniously booted out of the country.
A fair result for someone who clearly didn't want to play by the rules?
...2022-01-2738 min
Case by Case#19 Tinkler, Tailors law on estoppel by conventionAt the risk of interrupting the Eternal Bliss buzz from the English Court of Appeal today (more on that next episode), we are very pleased to share our latest CxC, featuring special guest, Aiden Lerc. Aiden is one of our star associates, based in London. Aiden is completing a PhD at University of Oxford on a Clarendon Scholarship, and working part time with Floyd Zadkovich. Aiden and Luke are both proud alumni of University of Wollongong. Now, who doesn't like a technicality?! Isn't that what all lawyers for look? And especially in tax cases... Well we've got a beauty...2021-11-1836 min
Case by Case#18 Stop Press! Supreme Court hands down judgment in the CMA CGM LIBRAJudgment in the CMA CGM Libra has been handed down yesterday by the Supreme Court. The result is that negligent passage planning can render a vessel “unseaworthy”, and liability for that unseaworthiness is not covered by the Article IV Rule 2 exception for errors in navigation.
The Court carried out a detailed and comprehensive review of a number of established precedents. In doing so, the Court also rejected Owners’ arguments that there was a need for an “Attribute Threshold” (where there must be an identifiable “attribute” that is defective to cause the unseaworthiness).
Finally, the Court agreed that th...2021-11-1143 min
Case by Case#17 Who gets the last shot... of whiskey?Luke and Calum welcome special guest, Lucy Noble, one of FZ’s London based Associates, to recap a battle of the forms judgment. Handed down only last week by the English Court of Appeal.Lucy has made an excellent start with Floyd Zadkovich, handling an array of commodities/shipping/commercial matters, and is currently on a short term secondment at an energy trading company.We also touched on a - or THE key classic ‘battle of the forms’ case, involving delivery of whiskey and a caveated stamp.These cases throw up all sorts of warfare analogies - rightly or wrongl...2021-11-0428 min
Case by Case#16 "And the Nominations are..." - when an option taken gets written in...when an option taken gets written in.
Sometimes episodes take unexpected turns. That's the fun of it. The format is simple. Calum and Luke pick a legal case, read it separately, turn on record, and talk. No pre-planning or even chat about what we are going to discuss. Where it goes is anyone's guess.
What started as an examination of nominations in London Arbitration 20/21 led into a wider discussion of options and elections. We even got onto redelivery notices.
When does a nomination become written into a contract once made? When does it...2021-10-2826 min
Case by Case#15 English law vs US law - Set off or Recoupment? Using a time barred claim as a defenceEva in the red corner, Calum in blue...
Featuring special guest, Eva-Maria Mayer. This is a different episode. We don't tackle one recent case. We address two leading cases on a key point of difference between English and US law.
The scenario: when you have a time barred claim, can you still use that claim as a defence/defense to an incoming non-time barred claim? England - no. US - yes. We get into it here.
It was great to have you on board, Eva! Really appreciated your insights and time. Now what...2021-10-2133 min
Case by Case#14 Strictly Come Damages - A New-er Flamenco? Space Shipping v ST ShippingSo in this week's episode we get serious on damages. Particularly where you should give credit for costs saved. It provides an interesting application of the recent Supreme Court decision in the New Flamenco: Space Shipping Ltd v ST Shipping and Transport PTE Ltd [2021] EWHC 2288 (Comm)
We dissect the cause of saved costs and its connection with the cause of the damages.
There’s a comparison of indemnity claims and damages claims – would the outcome have been different with a slightly broader indemnity clause?
Also, some insights on arbitration procedure, drafting arbitration appeal rights...2021-10-1435 min
Case by Case#13 From Time to Time - How to count time for a demurrage time barFeaturing special guest, Edward Floyd!
Ed is a co-founder of Zeiler Floyd Zadkovich and leading attorney in the US. He is based in our New York office. Recently English qualified too. Luke and him have been on this entrepreneurial journey together for over four years now. Still enjoying the challenge. Still getting on.
Avoiding an esoteric philosophical debate on the meaning of time, as tempting as that was, we focused on what is the correct time zone to apply for calculations in a charter.
A surprisingly complex question. The judgment acknowledged as much...2021-10-0728 min
Case by Case#12 Maritime Liens - Incorporating maritime liens by contract in the US and UKLuke and Calum are back! Series 2 of Case by Case. Kicking off with a special guest, Philip Vagin, and with a special topic: Maritime (Leans, no...) Liens.
Our focus is the incorporation of lien clauses under US and English law. We use the London Arbitration 9/21 as our stepping off point into the topic.
A key question we come onto is whether parties should be able to create US statutory maritime liens by simply incorporating US law, in the absence of any other underlying connections with the US (ie. other than the governing law clause).
2021-09-3033 min
ZFZ PodcastsLet's Talk About Sanctions | Break It Down (Ep. 3)In this episode of Break It Down, ZFZ New York-based associate Jonas Patzwall gives us the full rundown on US Sanctions. Jonas walks us through how sanctions work, why and how they're put in place, their compliance and the structure of international bodies governing their implementation. We discuss some of the most recent developments in the Venezuela and Belarus US sanctions, and a couple prime court cases exhibiting how things can get complicated when it comes to adhering to these regulations, as Jonas provides us with a detailed how-to on regular compliance from the perspective of a business engaging...2021-09-0744 min
Case by Case#11 Shanghai Shipyards - Fight for your right for payment on demand"On demand" or "See to it" - those are the two main types of guarantee. But what do those terms actually mean? Is it always clear if a guarantee is one, rather than the other, type? And, if not, what are the tell tale signs of each of these categories of guarantee?
All of this was discussed in the recent Shanghai Shipyard's case - Judgment handed down on 23 July 2021.
Luke and Calum discuss the case in detail in this podcast.
Subscribe/follow for more!2021-07-2934 min
Case by Case#10 Galtrade v BP - When can a cargo buyer reject delivery?When faced with a breach of contract an innocent party will often want to know if they have a right to terminate and walk away from the agreement, or whether they must continue with the contract and limit themselves to a recovery in damages.
This is a tightrope for the parties and their lawyers. Does a breach of that specific term give a right to terminate? Alternatively, is this breach sufficiently significant to give that party a right to terminate?
The Galtrade decision looks at both questions, and Luke and Calum consider it in today's...2021-07-2221 min
Case by Case#09 Betty the devil you know? - The MV BETTY KIX: Arbitrator bias and costs awards in the USCosts are a hugely important factor in nearly all legal cases. Interestingly, there is a big distinction between English Court and US Court treatment of costs, which was an issue in the recent SMA decision of the MV BETTY KIX.
The decision also looks at issues of arbitrator bias. That is currently a big talking point on the English side of the pond following the Halliburton v Chubb decision. This decision is an interesting counterpoint from the US perspective.
Luke and Calum look at the decision in detail, exploring all of the interesting issues that...2021-07-1541 min
Case by Case#08 Unlocking the DIVINEGATE - getting into a jurisdiction clauseIn the recent case of the DIVINEGATE, the English court was faced with a difficult jurisdictional question. The Claimant arrested a vessel in Gibraltar thought to belong to the Defendant. The Defendant argued that the arrest was wrongful, and that the Defendant was in fact the time charterer of the arrested vessel.
The Defendant brought a counter-claim against the Claimant, for losses arising as a result of the wrongful arrest. The Claimant argued that the wrongful arrest claim was subject to Gibraltarian jurisdiction.
Luke and Calum discuss the decision, looking in detail at the multi-jurisdictional...2021-07-0840 min
Case by Case#07 Everyone's in the same boat - Pirates and the law of General AverageThis episode responds to our first request. Inspired by recent events in the Suez, we are taking a look at the law of General Average.
The case is a fascinating one. In January 2009, Pirates boarded the LONGCHAMP in the Gulf of Aden. They demanded a ransom of USD6m. That was negotiated down to USD1.85 over a period of 51 days. The ransom and the negotiator's fees fell squarely within General Average. But what about the Vessel's operating expenses for the 51 day period of negotiations?
Luke and Calum discuss the result (with a little disagreement between...2021-07-0136 min
Case by Case#06 The Tale of the Missing Gearbox - Gregor Fisken v Bernard CarlIn a wonderfully wide-ranging judgment, the Court of Appeal recently looked at the rights and obligations between two parties relating to the sale of a Ferrari 250 GTO.By looking at this judgment, Luke and Calum discuss the Sale of Goods Act, signing contracts "as agent", and how the Court can penalise a party in costs where that party fails to take steps to resolve a dispute at an early stage.Subscribe/follow for more!This podcast brought out Luke’s long-lost, inner rev-head. Harking back to his late teens. Not that...2021-06-2454 min
Case by Case#05 Counting the Consequentials - London Arbitration 13/21Parties routinely exclude "consequential losses" in their contractual agreements. But what is a consequential loss? And what is actually covered by a consequential loss exclusion?
With his partner in CxC crime, Calum, Luke discusses a recent Arbitration decision (London Arb 13/21) and explore the law on consequential losses.
This is a great place to start for a refresher on consequential damages. We skip from the famous second limb of the damages test in that old chestnut, Hadley v Baxendale [1854!], through to some of the recent court decisions and see how comfortably this arbitration decision nestles among th...2021-06-1730 min
Case by Case#04 Recapping Recaps - Interpreting inconsistencies between the "printed terms" and the "recap"Anyone familiar with the world of shipping, commodities and international trade will be familiar with agreements where the key commercial terms are agreed in a "recap", with full conditions to be incorporated by reference to a separate document (the "printed terms").
But what happens when the terms in the Recap would give a different result - if read in isolation - to the terms in the printed terms? Should the parties try to read both together, to find a way of giving effect to both provisions - or should one set of terms prevail, at the expense...2021-06-1036 min
Case by Case#03 Superman Security or Clark Kent Counterparty-risk? The law on Alter Ego AttachmentsIn this week's episode, Luke and Calum look to the US Courts and a recent decision on the law regarding "alter ego" attachments.
An "alter-ego" attachment is where a claimant attaches a vessel, or some other asset, owned by a person or corporation that is not, strictly speaking, the respondent to the proceedings on the basis that the person who owns the attached asset is an "alter ego" of the person who is the respondent in the underlying proceedings.
The position under US law is not straight-forward and while there is generally a right to...2021-06-0342 min
Case by Case#02 Permission to Appeal – No second bites at the cherryLuke Zadkovich and Calum Cheyne discuss CVLC v Arab Maritime Petroleum Transport Company [2021] EWHC 551 (Comm).
In this week’s case, Luke and Calum look at Cockerill J’s confirmation that once the Court has given permission to appeal under Section 69 Arbitration Act 1996 at a permission hearing, the question of whether or not leave to appeal ought to have been granted cannot then be re-opened as a defence in the substantive trial on the appealed issues.
The Judge’s reasoning was that the question of permission is a standalone issue, dealt with at the permission stage, which...2021-05-2740 min
Case by Case#01 That’s got to SMART – The story of the M/V SMART and Owners’ right to demand freight under a bill of ladingIn this episode, Calum and Luke look at the recent decision of Alpha Marine Corp. v. Minmetals Logistics Zhejiang Co. Ltd., [2021] EWHC 1157 (Comm).
Owners claimed against charterers for a series of losses arising under a time charterparty. Owners demanded payment of freight directly from shippers, in order to satisfy the alleged debt. Shippers didn’t know who to pay: Owners under the bill, or charterers under the voyage charterparty? Ultimately, Shippers made partial payment into escrow before going insolvent.
Owners’ claims against Charterers largely failed. Charterers claimed that owners’ demands for the freight (against Shippers) were u...2021-05-1934 min
ZFZ PodcastsWhat Actually Is Demurrage | Unsolved Puzzles of Commercial Law (Ep. 2)In the second episode of the ZFZ podcast series "Unsolved Puzzles of Commercial Law", Zeiler Floyd Zadkovich London-based associate Calum Cheyne introduces the concept of demurrage, and we discuss the ins, the outs, and where things get complicated.2020-12-0734 minZFZ PodcastsPiercing the Corporate Veil | Unsolved Puzzles of Commercial Law (Ep. 1)In the first episode of the ZFZ podcast series "Unsolved Puzzles of Commercial Law", Zeiler Floyd Zadkovich's partner Andrea de la Brena, introduces the doctrine of corporate veil piercing.2020-08-3111 minZFZ PodcastsYassine Mghaieth and Luke Zadkovich discuss ship arrest, security proceedings, and COVID-19 | How to Deal with an Economic Crisis as an International Business (Ep. 17)Luke Zadkovich hosts Yassine Mghaieth in our ongoing series looking at the legal issues caused across the world by the COVID-19 crisis. Luke and Yassine discuss in detail the process for obtaining a ship arrest in the North African countries, and how the pandemic continues to effect the North African Courts. This podcast also includes commentary on the security actions that can be taken in Algeria, Tunisia and Morocco, along with a general overview of the way these countries are responding to the global pandemic. Yassine Mghaieth is a Tunisian maritime lawyer. His team works on both shipping...2020-08-2844 minZFZ PodcastsAshwin Shanker and Luke Zadkovich discuss liens, LOIs, force majeure and COVID-19 | How to Deal with an Economic Crisis as an International Business (Ep. 16)Luke Zadkovich hosts Ashwin Shanker in our ongoing series looking at the legal issues caused across the world by the COVID-19 crisis. Luke and Ashwin look in detail at the issues thrown up by COVID-19 in India, including a fascinating insight into how to extract security against parties. Including commentary on security actions against vessels and cargo in support of claims. Ashwin Shanker is a Partner at the Chambers of George A Rebello, a leading shipping law boutique in India. Ashwin specialises in ship arrest/security actions in India, as well as dealing with all other types of maritime...2020-08-2848 minZFZ PodcastsPersonal Thoughts of Partner, Luke Zadkovich | How to Deal with an Economic Crisis as an International Business (Ep. 15)Luke Zadkovich's personal thoughts on the current crisis. We are all trying to come to terms with the devastating effect of the global pandemic. By communicating, we can hopefully share our concerns, come together and be part of the solution. Stay safe, keep healthy.2020-08-2809 minZFZ PodcastsFraudulent and Voidable Transfers | How to Deal with an Economic Crisis as an International Business (Ep. 14)Fraudulent asset transfers. Part 14 of our series on the tools and strategies for how international businesses can deal with an economic crisis. Sadly, for some businesses, the economic crisis will put their backs against the wall. In those circumstances, some parties will be tempted to hide assets, rather than be exposed to liability. Following the financial collapse of 2008/2009, we saw an increase in fraudulent transfers. Tim McGovern has experience securing claims against assets that have been the subject of such fraudulent transfers, including an action against a publicly traded entity in respect of a USD 70...2020-08-2805 minZFZ PodcastsCross-Border Insolvency | How to Deal with an Economic Crisis as an International Business (Ep. 13)Bankruptcy proceedings Part 13 in our series on how to deal with the economic crisis - a guide for international businesses. Edward Floyd, founding Partner at ZFZ, addresses US bankruptcy proceedings in light of recent events and gives an overview of the inner workings of Title 11 of the US Code. What protections can a creditor rely on when a counterparty is insolvent? This is a central consideration in protecting a party’s exposure in what is at best a timid market and may be a full-blown financial crisis. The US scheme also covers the handling of foreign ba...2020-08-2815 minZFZ PodcastsFreezing Orders and Restraining Injunctions | How to Deal with an Economic Crisis as an International Business (Ep. 12)Freezing injunctions Part 12 of our series on how to deal with an economic crisis - a guide for international businesses. Aiden Lerch, an Associate with ZFZ discusses freezing Injunctions in the English Courts. Freezing Injunctions are considered the “nuclear weapon” of the English Court. If successful, the restraint on the liberties of the injuncted person or business are severe. Typically, the Respondent (once served with a freezing order) is required to make a complete list of their assets, and can only use those assets in a very limited manner going forward. Going for a freezing orde...2020-08-2805 minZFZ PodcastsAsset Attachments - Rule B | How to Deal with an Economic Crisis as an International Business (Ep. 11)Asset attachments in the United States Part 11 of our series on the tools and strategies that international businesses can use in an economic crisis to protect their positions. Rule B attachment under US law allows a party to obtain security and jurisdiction over a counterparty. In time of economic turmoil when parties are faced with increasing counterparty risk and financial exposure, it can be an important tool to use. When contracts are breached and payments are not made, our clients regularly look for assistance in securing their position. For us at ZFZ...2020-08-2812 minZFZ PodcastsDefending Vessel Arrests | How to Deal with an Economic Crisis as an International Business (Ep. 10)Defending vessel arrests Part 10 of our series on how to deal with an economic crisis - a guide for international businesses. Luke Zadkovich, Partner, and Calum Cheyne, Associate of international law firm ZFZ share their experiences on defending vessel arrests. Our team of lawyers have extensive experience acting for shipowners and their P&I Clubs in managing vessel arrests, just as we have in acting for charterers/cargo interests, and other parties, in bringing arrests against vessels. Luke discussed what is involved in bringing a ship arrest in Part 9 of this series. In...2020-08-2819 minZFZ PodcastsArresting Vessels for Security | How to Deal with an Economic Crisis as an International Business (Ep. 9)How to deal with an economic crisis? A guide for international businesses. Today’s talk: Vessel arrests.
Part 9 of our series on the tools and strategies that international companies can use to protect and mitigate their positions in the current climate. One sector our firm focuses on is the international trade and shipping sector. If you have a claim or lien against a ship or its owner, then you need to know about vessel arrests. Luke Zadkovich explains key factors involved. In this particular talk, we approach the topic pr...2020-08-2814 minZFZ PodcastsProvisional Relief in Aid of Arbitration | How to Deal with an Economic Crisis as an International Business (Ep. 8)Arbitral interim measures. Part 8 of our series on the tools and strategies that international businesses can take to protect their positions in an economic crisis. The New York CPLR (Civil Practice Law and Rules) provide for a host of interim measures to secure a party’s position at the outset of arbitration. This can take different shapes, but New York has what should be considered a creditor-friendly scheme in place. Edward Floyd, Partner at ZFZ, shares his experience with aiding a creditor in a tough market. New York’s procedure is using a fairly low burden, requ...2020-08-2809 minZFZ PodcastsBunker Arrest - post Res Cogitans | How to Deal with an Economic Crisis as an International Business (Ep. 7)Bunker arrests. This is Part 7 of our series on how to deal with an economic crisis - a guide for international businesses. In 2016, the Supreme Court handed down its judgment in the Res Cogitans, the leading case arising out of the OW Bunkers insolvency. That case had a profound effect on the shipping market, with many ship operators left with debts to the physical suppliers of the bunkers, and to OW Bunkers’ liquidators. We are now entering the most serious economic downturn since that judgment. In that economic climate, it is fair to expect parties se...2020-08-2808 minZFZ PodcastsPre-action discovery - s. 1782 and others | How to Deal with an Economic Crisis as an International Business (Ep. 6)Pre-action discovery. This is Part 6 of our series on the tools and strategies that international companies can use to protect their positions in the current economic situation. Eva-Maria Mayer explains a useful tool to gain access to the often much broader reel of discoverable evidence under the U.S. Federal Rules of Civil Procedure while litigating abroad. 28 U.S.C. 1782 provides parties in a foreign proceeding with a tool to gain access to the U.S. discovery rules. Such an application can be brought by a party to a foreign litigation against another party...2020-08-2809 minZFZ PodcastsShipowner's Liens over Cargo | How to Deal with an Economic Crisis as an International Business (Ep. 5)Shipowner's lien over cargo. Part 5 of our series on how to deal with an economic crisis - a guide for international businesses. Luke Zadkovich unpacks the fundamental differences between the US and English approaches to shipowner's liens over cargo. This has been a hot topic for a few years now, most recently with the English liquidation of British Steel in 2019 and prior to that, the collapse Hanjin Shipping and others. One of the unfortunate business realities of an economic crisis is that it typically results in more bankruptcies and insolvencies. Edward Floyd discusses bankruptcy...2020-08-2823 minZFZ PodcastsDemanding Assurances of Performance | How to Deal with an Economic Crisis as an International Business (Ep. 4)Obtaining performance assurances in contracts. This is Part 4 of our series on the tools and strategies that international companies can use to protect their positions in the current economic situation. Luke Zadkovich explains a useful tool to flush out whether a contractual counterparty is in a position to up hold their end of the bargain. The United States UCC procedure of ‘demanding adequate assurances of performance’ is particularly relevant in economic uncertainty. The underlying principles of this approach go beyond US contract law and can inform strategies in dealing with counterparties internationally and in contracts subject to o...2020-08-2806 minZFZ PodcastsPre-Contract Protection and Damages | How to Deal with an Economic Crisis as an International Business (Ep. 3)Pre-contract protection - securing useful representations and creating contemplated damages. Part 3 of our series on how to deal with an economic crisis, Shannen Trout discusses what international businesses can do pre-contract. Obviously many deals now will be off the table in this market. Contraction is already happening. The price of oil has collapsed. As liquidity dries up, this situation might well get worse. However, there will be those in a position to continue deal-making. At this time, it is even more important to consider carefully what kind of representations or guarantees you can obtain before entering...2020-08-2808 minZFZ PodcastsEarly Contract and Charterparty Review | How to Deal with an Economic Crisis as an International Business (Ep. 2)Contractual levers and measures. Part 2 of our series on how to deal with an economic crisis - a guide for international businesses. Damon Thompson discusses the importance of reviewing your contracts and charterparties at an early stage in an economic downturn, as well as some key provisions to look out for following the outbreak of COVID-19. As liquidity tightens across the economy, parties will increasingly look to tighten the belt. Being on top of your charterparty provisions and understanding exactly where you stand is the first step for a company being ready to combat any speculative claims...2020-08-2810 minZFZ PodcastsRelationships Matter | How to Deal with an Economic Crisis as an International Business (Ep. 1)Relationships matter in a crisis. Part 1 of our series on how to deal with an economic crisis - a guide for international businesses. Karl Greissinger joins us with over two decades of in-house experience in the energy sectors. In this video, Karl offers his invaluable insight into the key issues that businesses should keep close in mind as they deal with the day-to-day difficulties posed by the economic climate. While a lot of our guidance relates to specific legal steps that businesses can take, Karl is uniquely positioned to offer a commercial perspective. Relationships matter, and...2020-08-2802 minZFZ PodcastsIntroduction | How to Deal with an Economic Crisis as an International BusinessHow can international businesses deal with an economic crisis?
In this video, Luke Zadkovich introduces our series on tools and strategies that international companies can use to protect and mitigate their positions. We are currently advising clients on these strategies almost daily.
Economic crises, by their nature, rarely come announced. But once they do, early movers are better placed. Liquidity dries up. Payments are delayed or unpaid. Relationships are tested. Market prices drop significantly. Price volatility increases exponentially. Counterparty insolvency is a genuine prospect. This...2020-08-2804 min
ZFZ - How to Deal with an Economic CrisisFloyd Zadkovich - How to deal with an economic crisis as an international businessThis Floyd Zadkovich podcast series focuses on how to deal with an economic crisis as an international business. We will be discussing different legal topics and insights relevant to international businesses and hope to provide you with some novel perspectives and strategies to deal with the crisis. Stay tuned!2020-03-2900 min