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Cargo Ship at Sea

Shipping

Most of the below matters were handled by Kartikeya prior to commencing independent practice and/or as a part of other chambers/firms and/or as a pupil.

UK : LMAA Arbitration

Acted as a part of a team. Instructed by a leading Israeli law firm for launching arbitration proceedings against the seller of a vessel for non-performance of a SALESFORM 2012 contract.

UK: LCIA Arbitration

Assisted in drafting a legal opinion to advise a Spanish company in a cargo dispute on merits of a potential arbitration where there had been a delay of more than 4 years in initiating an arbitration process under London rules (LCIA) against a Singaporean company. Instructed by Campbell Johnstone Clarke. (London seat).
 

UK: SIAC Arbitration

Instructed by Clyde & Co. Drafted claim submissions for an Indian coal company in a Singapore (SIAC) arbitration in a complex damaged cargo claim of $14mn against Hapag Lloyd (London seat)
 

UK: English Law

Researched the grounds of ‘public policy’ for challenging the enforcement of arbitral award for Vasanti Selvaratnam QC where a $25mn ICC arbitral award was being appealed in London on the grounds of ‘serious procedural irregularity ’at the Business & Property Courts in London in relation to an ‘Oil Major ’clause in a charterparty. Instructed by Bentleys. (Parties were the ‘Big 4’ oil companies; ICC Rules; London seat)
 

UK: Opinion

Drafted an opinion in a case involving an international sale of goods contract (CIF contract) and interpretation of ICC incoterms 2012.
 

UK: Off-hire claim

Drafted an opinion in a $10mn ICC arbitration to advise a Dutch charter company on the merits of their off-hire claim where due to stevedore damage a shipping vessel was off-hire for a period of time. Parties were based in USA and Netherlands. (ICC Rules; London seat; instructed by Stephenson Harwood LLP)

India: UK law firm

Assisted a UK Shipping law firm in understanding the ship arrest process in India and advised on merits of a potential arbitration.
 

Advised in multiple commercial arbitrations on various substantive and procedural aspects of arbitration as per LCIA (London), ICC(Paris), SIAC(Singapore), and HKIAC (Hong Kong) rules.

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