• Shipowner’s Liens over Cargo Early Contract and Charterparty Review (Part 5 of Economic Crisis Series)

    Shipowner’s Liens over Cargo Early Contract and Charterparty Review (Part 5 of Economic Crisis Series)

    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 proceedings in detail later in this series.   In this talk, we assess what a shipowner can do to secure its payments under a charterparty or bill of lading through the exercise of its cargo lien rights and other measures.  Charterers/cargo interests will also be interested to navigate through these tricky scenarios.   ps. look out for the Athos 1 unsafe berth analogy at 17:00mins – especially given the US Supreme Court’s decision came out yesterday.  If you have any further questions on this topic, please contact Luke Zadkovich.
  • Early Contract and Charterparty Review (Part 2 of Economic Crisis Series)

    Early Contract and Charterparty Review (Part 2 of Economic Crisis Series)

    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.    Damon has years of experience in the legal industry, including eight years at a major energy trading company, so is well aware of what practical steps a company can take to protect its position. Damon looks at standard form exclusion clauses, safe port warranties and what parties can do now to protect their position over the coming weeks and months.   If you have any questions, or would like someone to have a close look at your charterparty/contractual terms, please speak to Damon or your usual ZFZ contact.
  • Relationships Matter Early Contract and Charterparty Review (Part 1 of Economic Crisis Series)

    Relationships Matter Early Contract and Charterparty Review (Part 1 of Economic Crisis Series)

    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 the way that a company conducts its business now could have an effect much more far reaching than the consequences of the ongoing global downturn. Contact your usual ZFZ contact, for more.
  • Introduction – How to deal with an economic crisis as an international business

    Introduction – How to deal with an economic crisis as an international business

    Introduction to 17-part ZFZ Series:  How 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 is not the first, nor will it be the last. While the causes will be different, previously successful strategies can and should be employed. Experience matters, and 2008 taught us a lot. Our strategies are nuanced, layered and staggered. Economic crisis management is bespoke and multi-faceted. It varies between different scenarios and relationships.   Today is our intro. There is plenty more to come. We would love your feedback, comments, likes and shares. It all helps to get our message out there and assist more businesses during this concerning time. Your ongoing support is very much appreciated. Further details, please contact Luke Zadkovich or your usual ZFZ contact.

  • „Assisting a Swiss multinational pharmaceutical company with all their day-to-day employment law issues. Representing the company against a former employee in a court proceeding (Austrian courts).   Assisting the company with issues involving parental part time arrangements and works-council members, including the adjustment of their contractual roles within the entity. Supporting the company to duly conduct their works council elections in 2020 during the COVID pandemic.  „
  • Coronavirus and Force Majeure

    Coronavirus and Force Majeure

    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.