“Calum’s legal analysis is exceptional”Major US dry bulk operator
Calum Cheyne is a partner with a disputes-focused international trade practice.
Calum has significant experience in the maritime, commodities and energy sectors. Calum’s work includes arbitration in all the major commercial arbitral institutions and litigation in the English Courts. He acts for shipowners, operators, traders, Clubs and others across these sectors. Calum has a particular sub-sector speciality in LNG shipping and frequently presents to market participants on legal developments in the LNG space.
Calum’s practice also spans digitisation and disruptive technology, particularly its impact on international trade and trade finance. In his role as a core part of our Web3 and Digital Assets practice, Calum acts for a number of his established clients on projects and disputes involving the integration of blockchain technology. He also acts for a number of Web3 companies, whether established entities or new market entrants.
A substantial part of Calum’s practice relates to injunctive relief, security actions and enforcement of claims. Working in parallel with foreign lawyers, Calum is an expert part of Floyd Zadkovich’s asset tracing and enforcement team.
Highlights of Calum’s recent work include:
Acted for Owners in relation to a vessel collision, involving issues of English, US and Australian law. The dispute involved complex claims in General Average, under a Charterparty and under Bills of Lading.
Secured a settlement at almost the entire value of the claim for a major shipping operator in respect of a shortage claim under bills of lading.
Representation of International bank involving actions under the Insolvency Act 1986 to unwind a transaction at an undervalue/a transaction entered into with intent to defraud creditors. Part of a broader coordinated global approach to enforce a claim against an insolvent entity.
Defended demurrage claim based on a series of long-term delays at various load/discharge ports. Developing arguments based on tendering of an invalid NOR and deploying compelling fact-based evidence to fall within an exemption to demurrage
Representation of a major US oil refinery in relation to disputes under their shipping contracts during the COVID-19 crisis. The dispute related to delays under a bespoke charterparty.
Representation of major international LNG supplier and charterer on their position in respect of a multi-million dollar off-hire claim. The dispute turned on bespoke off-hire wording and complex legal questions in LCIA arbitration.
Representation of European bank regarding recovery of a multi-million dollar claim against an insolvent entity under claims relating to mis-delivery of cargo. Assertively pursued security actions against possible assets and successfully obtained an attachment over assets belonging to an alter-ego in a US targeting a vessel in the Southern District of Texas. In a reported decision, successfully defeated post-discovery motion to vacate seizure order and dismiss action. Global litigation included proceedings in UK and East Asia.
Representation of major soft commodity trading company in English High Court proceedings, alleging false representation and deceit against a Russian commodity trader. Matter also involved worldwide freezing orders, underlying GAFTA arbitration proceedings in London, English enforcement proceedings and Russian enforcement proceedings; obtained a full judgment and London arbitral award.
Represented charterers in a case ultimately determined by the Court of Appeal. The case involved a point of general application in relation to the Barecon 89 form, and turned on the construction of the requirement for the vessel to remain in class.
Acted for client on a multi-million dollar dispute relating to an FPSO vessel re-fit. The case involved a detailed and technical review of claims arising out of a series of variation orders, and a detailed legal analysis of the overarching nature of the contract.
Interested in any specific cases of Calum’s recent work? Contact [email protected] for further reference cases.
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In this case, Mr. and Mrs. Sherman booked a cruise to the Northwest Passage in Arctic Canada with Reader Offers Ltd (ROL), a travel company known for its advertisements in newspapers and magazines. However, the cruise did not meet the Shermans’ expectations. Due to ice conditions, the ship could visit only a small part of the Northwest Passage, missing out on historically significant sites associated with the region’s explorers. Instead, much of the cruise was spent exploring the west coast of Greenland.
In 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.
On this week’s episode join Calum Cheyne and Karen Tsang where they discuss The Aquafreedom [2024] EWHC 255 (Comm) case and whether agreements on “subjects” or “subs” give rise to binding contracts.
Another subjects case in the charterparty context, following hot on the heels of the Leonidas and the Newcastle Express. Something that we love to discuss on Case by Case.The “subject” of today’s episode is The Aquafreedom [2024] EWHC 255 (Comm) and whether agreements on “subjects” or “subs” give rise to binding contracts.
The Claimant (“the Owners”) in these proceedings is the owner of the vessel Aquafreedom (“the Vessel”). The Defendant (“Trafigura”) contends that it was the charterer of that vessel. Both claim and counterclaim in these proceedings concern whether a 4 year time charterparty was concluded between the parties during negotiations in late January and early February 2023. The Owners contend that there is no real prospect of Trafigura resisting their claim for a declaration that no binding charterparty was concluded. Trafigura’s case is that there is a real prospect of showing that a binding charterparty was concluded either on 30 January 2023, or 6 February 2023.
To read the full case – click here
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This week’s episode “Ever Given – Salvaging a Contract, Part II” looks at the Court of Appeal’s decision in the Ever Given case – SMIT Salvage v Luster Maritime – EVER GIVEN Salvage Claim.
No doubt our followers will remember when the Ever Given became ‘stuck’ in the Suez Canal. This case has been to determine whether or not a contract existed between the salvors and the shipowners in relation to the salvage work performed to release the ship.
To read the full case you can access the judgment here
Today is all about Chocolate, and not in the way you are thinking. Luke and Calum are delving into the legal implications of the decision made on 16 November 2023, by the Honourable Mr Justice Foxton in Chocolate City Ltd v WEA International Inc [2023] EWHC 2874 (Comm). Chocolate City is a case that highlights what happens when a lawyer is let lose in the wild to establish a successful record label.
Luke and Calum are back in the swing of things and straight into hot topic of litigation funding as they review Therium Litigation Funding A IC and Bugsby Property LLC [2023] EWHC 2627 (Comm). Its section 44, but with a different take on it.
Event: Token2049
Attendees: Luke Zadkovich and Calum Cheyne
Date: 18 – 19 September 2024
Venue: Marina Bay Sands, Singapore
TOKEN2049 is a global conference series, where the digital asset ecosystem’s decision-makers connect to exchange ideas, network, and shape the industry.
Floyd Zadkovich’s Web3 team are at the front end of developments in the Web3 and digital asset legal space. Luke Zadkovich and Calum Cheyne look forward to attending to network with entrepreneurs, institutions, industry insiders, investors, builders, and those with a strong interest in the Web3, crypto and blockchain industry.
Learn More: https://www.asia.token2049.com/
Event: Swansea University International Maritime Law Arbitration Moot 2024 competition
Attendees: Jonathan Webb, Calum Cheyne, Lucy Noble, Layesh Premraj will be attending and judging at the event.
Date: 7th – 12th July 2024
Venue: Swansea University, England
Our team are looking forward to attending and judging at the Swansea University International Maritime Law Arbitration Moot 2024 competition. The event will brings together teams from around the world to showcase their legal knowledge and advocacy skills in strong competition on the subject of international maritime law.
For more information about the event click here.
International Council for Commercial Arbitration (ICCA) Hong Kong 2024
Attendees: Calum Cheyne, Leo Rees-Murphy & Karen Tsang from our London team will be attending.
Date: Sunday 05 – Wednesday 08 May 2024
Venue: The Hong Kong Convention & Exhibition Centre, 1 Expo Drive, Wan Chai, Hong Kong Island
We had a remarkable time at our New York client event last week!
We are absolutely delighted to announce the upcoming promotion of Calum Cheyne to Partner with the firm, effective 1 January 2023.
We’re delighted to announce that our Calum Cheyne has been promoted to Senior Associate!
The vessel was time-chartered on an NYPE form containing the BIMCO Non-Payment of Hire Clause. Hire was payable 15 days in advance, every 15 days.
The “Alpha Harmony” was a lesson in paying close attention to the Laycan provisions in voyage charterparties. The Vessel tendered NOR on a Sunday morning. Charterers under both a Head Charter and a Sub-Charter had a right to cancel later on the Sunday (12:00 under the sub-charter; 23:59 under the head charter). Charterers under each Charterparty purported to cancel.
It has been widely reported that LNG receivers in China have recently declared force majeure on LNG contracts due to disruptions caused by the 2019 novel coronavirus (2019-nCoV) which has now been given the official name COVID-19 (“novel coronavirus”). This was done after force majeure certificates were issued from the China Council for the Promotion of International Trade (“CCPIT”), with the approval of China’s Ministry of Commerce.