Floyd Zadkovich | Podcasts Archives - Page 3 of 16

Refining the Law on Foreign Experts | Case by Case (Ep. 71)
July 20, 2023

Case 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.

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Captured in Time | Case by Case (Ep. 70)
July 13, 2023

Case by Case – episode 70: Captured in Time

We are back this week with an interesting shipping case. Just as we become podcaster septuagenarians.

I could open this with a profound question like, “what is the meaning of time?”

But this is a more concrete question about whether breach of a vessel hull cleaning clause was intended to create a debt claim for hire post-charter or damages claim.

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From Gadani to the Garage | Case by Case (Ep. 69)
June 29, 2023

Case by Case – episode 69: From Gadani to the Garage

If you are on holidays and hire a car, then you will agree with the car hire company where that car needs to be redelivered. If you drop it off somewhere not agreed, then there will be a cost charged.

We’re talking about the same kind of thing here.

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The Place to Rule B | Case by Case (Ep. 68)
June 22, 2023

Case by Case – episode 68: The Place to Rule B.
“This is in our sweet spot…” so we start on video. And it is. Our original USP as a law firm was to handle US and UK legal matters seamlessly. We’ve grown, combined and added EU legal work into the mix too, and Australian law. This case explores the limits of the USA Rule B attachment in the context of maritime indemnity claims and how drafting of the underlying UK dispute can influence the US court’s approach to the attachment. Indemnity claims in the maritime space come in different shapes and sizes. They could be under an LOI for delivery without presentation of bills. Edward and Luke first started working together on such a case at different firms, where I handled the UK indemnity claim and Ed attached a litigated US claim under Rule B. That’s where our story all started.

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Bull’s Eye??? | Case by Case (Ep. 66)
June 8, 2023

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 ask, with respect, did it really?

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In the Bunker(s) | Case by Case (Ep. 64)
May 25, 2023

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 should apply to work out how much the charterers (ie. the renters) need to pay the owners (ie. the rental company) for the fuel on redelivery. It’s a neat one that deals with when charterers redeliver too much ! Remember the price of fuel fluctuates regularly and we’re not talking about the mere cost of filling up a car…

Citation is LMLN London Arbitration 3/23.

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