Court litigation is at the core of what we do at Zeiler Floyd Zadkovich.
We are strategic and effective litigators focused on asserting and protecting our clients’ interests.
The firm excels in litigating complex, high-stakes cases. We are proud that our partners have earned recognitions, from clients and peers, such as “fantastic courtroom performer” or “one of the top counsel of his generation”. Our reputation is founded on successfully litigating and resolving disputes where a company’s continued existence is at stake or an individual’s asset class at risk.
Our long-standing experience as litigation counsel includes disputes involving multiple parties or jurisdictions, complex fact scenarios, insurance issues, complicated legal issues, pre-judgement asset securing actions, enforcement considerations, and outcomes that can define a client’s market reputation.
A dispute need not be huge or complex to matter to your business. We resolve disputes of all sizes for our clients, diligently and efficiently. Achieving the right result for our clients drives us to succeed – whether in the courtroom or around the negotiating table. Effective litigation strategy intertwines adversarial and conciliatory strategies – of course, depending on the nature of the case.
What sets us apart is our strong understanding of clients’ industries – Energy, Construction, Shipping, Commodities, Logistics and Insurance. And how disputes in these sectors are best resolved. We also have a strong track record of resolving post M&A cases, contentious Employment and Industrial Relations matters, Corporate disputes, and Intellectual Property and Competition law disputes.
Our lawyers have spent countless hours in the court rooms of their respective jurisdictions. They are qualified and admitted to the bars of England & Wales, Austria, the United States (notably federal and appellate courts, and state bars of New York, California, Illinois, New Jersey, and Texas), Mexico and Australia (NSW).
The Zeiler Floyd Zadkovich Litigation group also frequently appears before appellate and final instance court (e.g. the Austrian Supreme Court, various Courts of Appeals in the US, federal district and state US courts, the Court of Appeal of England and Wales, the Commercial and High Courts of England and Wales, and the Federal Court of Australia, and NSW District and Supreme Courts). Our integrated international team is well versed in effectively handling parallel lawsuits in multiple jurisdictions, including securing interim relief across borders.
Our clients appreciate how our experienced litigators achieve optimal results at all stages of a dispute. This may mean continuing a case to a final judgment or pursuing a negotiated settlement to minimize the effect of a lawsuit on a client’s operations. Either way, we are passionate advocates who always place our clients’ interests at the core of the strategy.
As a case evolves, we constantly re-evaluate process risks and strategy to achieve the best result. Further, we understand that a dispute is not only fought in court – at all stages of litigation, we can assist our clients to optimise their litigation PR.
Our partners regularly represent multinational and SME companies, as well as state entities, before courts and tribunals in all types of complex commercial claims. Our expertise spans contractual disputes and damages claims, product or professional liability cases, insolvency and restructuring disputes, asserting or defending collective actions, corporate disputes (e.g. joint ventures, shareholder disputes and post M&A disputes), as well as employment disputes. We also regularly obtain interim relief from the national courts to protect the interests of our clients.Back to top
The composition and legal framework for class actions is different in each jurisdiction. We are well placed to advise on these differences across multiple jurisdictions. There are also often many procedural defences that can be run against the designation of the class, before even litigating the substantive claims.
In Europe, businesses faced with allegations of illegal commercial practices may soon have to defend against large and potentially ruinous “mass claims”. Currently, the European legal regime on representative action is highly dynamic. We are at the forefront of the recent emergence of a new European system of collective redress with our Position Paper on the Proposal for a Directive of the European Parliament and of the Council on representative actions for the protection of the collective interests of consumers to the European Commission.
In other jurisdictions we have defended companies against class actions or representative actions brought by shareholders of listed companies for failure to provide accurate market sensitive information in a timely fashion. These actions often involve regulatory investigations prior to the litigation phase.
We are there to defend your company against such actions for collective redress. Whilst we assist in the assessment of your litigation risk and any potential settlement scenarios, if necessary, we will vigorously defend you against any claims.
Last but not least, we understand the importance of emphasising your role as a responsible market player and help you in conveying your perspective in the public domain.Back to top
Claims involving personal injury and wrongful death can result in significant exposures for maritime and transportation companies doing business in the United States. Whether defending against maritime personal injury claims on the water, or injuries suffered in over-the-road accidents, lawyers at ZFZ have the experience and know-how to investigate the incident, identify critical defenses at an early stage, and protect the interests and assets of our clients. Our attorneys regularly appear in state and federal courts throughout the country, achieving excellent results as efficiently as possible.
For maritime matters, our lawyers stand ready to respond to incidents, preserve critical evidence, interview witnesses and assist with US Coast Guard investigations. We defend clients in court cases involving Jones Act and LHWCA 905(b) claims, and injury and death actions resulting from vessel accidents.
In the transportation and logistics sector, we regularly represent companies involved in injury claims during all phases of road carriage. We vigorously defend claims in court, preserve contractual and equitable claims against responsible parties, and assist insurers in analyzing the merits to set appropriate reserves. Our clients include carriers, brokers and equipment owners throughout the US.
Relying on industry experience and legal expertise, we are proud to serve as the “go to” lawyers for P&I Clubs, insurers and companies that serve the maritime and transportation industries.Back to top
This is a major part of our practice. The firm’s experience in asset tracing and securing is truly market leading. We have been involved in some of the most significant such actions of the past few years. Our clients and peers alike know us for having this strength in our services.
Our firm has used all of the asset securing legal tools in the main jurisdictions in which we advise. This ranges across a raft of sectors and industries, and varying magnitudes of relief are available depending upon the issue at hand.
We also regularly assist our clients in converting judgments and or other enforcement titles (such as arbitral awards) into actual funds. Our lawyers are well versed in the recognition and enforcement of foreign and national court judgements before the courts of our various locations. This includes assisting our clients in the complicated process of serving process abroad.Back to top
Having worked across in-house, private practice and military roles requiring emergency response, team-work, command posts, and fast-moving ‘fire-fighting’ type action, we have unique capability and experience in responding to major casualties and catastrophes. Immediately responding to, and handling early crisis management for marine casualties is a leading feature of our service offering.
Our emergency response goes beyond the marine sector to other disasters, such as hurricanes, floods, snow storms, explosions, construction collapses, major train and road accidents, war, cyber-attacks, force majeure circumstances, and other crisis situations.
Our 24/7 response team ensures that clients handle immediate crisis management effectively and mitigate the consequences and damage of the catastrophe from human, economic, reputational and legal perspectives. Emergency response obviously prioritises the well-being and safety of any individuals involved in the crisis and seeks to minimise property damage where possible.
It is also important from a legal perspective to work cooperatively with government first responders and interested investigatory entities, whilst ensuring that the client’s legal position is reserved and not prejudiced in those early, difficult moments after an incident.
Striking the right balance requires a good mix of judgment, assertiveness, experience, finesse and calmness under pressure.Back to top
Our employment specialists and seasoned litigators have successfully defended employers before employment tribunals – up to the Supreme Court – in unfair dismissal claims, discrimination cases, requests for re-instatement and wage-and-hour cases.
In the field of industrial relations, our lawyers regularly appear in employment tribunal litigation on works council elections, transfer of undertakings and their influence on works councils, conciliation board litigation, social plans and shop agreements.
We often assist our clients in administrative procedures before conciliation boards and in litigation where special protection applies to termination of employment (eg. disabled employees, works council members).
Our experts at Zeiler Floyd Zadkovich provide clients with value beyond plain legal advice. We are dedicated and trusted legal advisors who will work tirelessly to deliver the best commercial outcomes, underpinned by strategic focus.Back to top
Representation of a large Austrian multinational in various shareholder disputes regarding the nullity of corporate resolutions (EUR 85 million, Austrian courts including Austrian Supreme Court).
Representation of shareholders of a large Austrian industrial conglomerate against a global conglomerate in disputes relating to several share purchase agreements (EUR 700 million, Austrian state courts).
Representing one of the world’s leading supplier of profiling lines in damages procedure (Austrian courts).
Representation of a global plant manufacturer based in Austria in court proceedings against a leading cellulose/fibre producer concerning the construction of an industrial piping system (EUR 2 million, Austrian courts).
Assessing criminal and civil options, and coordinating an asset seizure search and attach strategy in Mexico for a major case for shipowners pursuing a Chinese mining conglomerate in Mexico. The underlying case involved allegations of cartel cooperation and fraudulent dissipation of assets (USD 2.5 million).
Representation of an Eastern European energy company in court proceedings against two Central European entities regarding interim measures (EUR 16 million, Austrian state courts).
Advised an international bank on issues arising from the cancellation of a trade credit facility, assignment of a related insurance claim and pursuing assets of the borrowers (oil traders) in various jurisdictions across the world, including England, Singapore and Belize.
Representation of a South European plant-engineering manufacturer in proceedings on the annulment of an arbitral award (EUR 40 million, Austrian Supreme Court) – 2016.
Representation and assisting the representation of several clients in several US Federal District Courts regarding seeking of security for underlying claims by way of maritime attachment proceedings.
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.
Managed a successful Commercial Court appeal for Romanian metals receiver/trader in relation to fraudulent conduct alleged against a major English metal trader. The appeal was successful and further associated proceedings were launched in Turkey.
Pursued a claim for major US commodities trading house for damages in respect of late delivery / unseaworthiness against vessel owners in LMAA arbitration proceedings. Also handled negotiations with Mediterranean receivers. Brought related actions in Texas and Turkey for discovery and vessel arrest against the owners.
Pursued a large energy company for shipowner clients seeking damages arising due to delay / fire to a terminal in Brazil. We intervened into related English Court of Appeal proceedings and obtained a favourable outcome.
Advising an Austrian manufacturer of vehicle lighting systems and electronic components on employment and industrial relations matters, including working time scheme, shop agreements and employee’s IP rights. Representing the company in court proceedings against employees challenging their employment termination (Austrian courts).
Representing a Viennese university in a court procedure against a researcher (Austrian courts).
Supporting a leading global human proteins manufacturer (one of our long-standing clients) in every aspect of their employment and industrial relations issues.
Representing the company in court proceedings against its works council and individual employees regarding the employee’s classification in the company’s overall salary scheme (Austrian courts).
Representing the company in court proceedings against its works council with regard to the
potential change of the current working time schedule in the company’s various production lines(special conciliation board at the Austrian courts).
Representation of an international cash handling company in the proceedings against company’s former managing director regarding the lawfulness of his employment termination for cause (Austrian employment courts).
Representation of a Lithuanian transport company in a debt collection case against an Austrian transport agency.
Ongoing support of an Austrian traffic engineering and advertising technic group regarding various employment matters, including the introduction of new working time regulations, redundancies and employment law measures during the COVID-19 situation.
Assistance of a multinational supplier in printing and packaging industry regarding a change in the management of the Austrian entity. Representation in the court proceedings against client’s former managing director with regard to his company pensions entitlement (Austrian courts).
Representation of a multinational Swiss biopharmaceutical company against the claim of former long-time employee that the termination of her employment relationship was unlawful.
Representation of a UK financial service company against a former employee in the court proceedings on damage claims (Austrian courts).
Ongoing employment law support of the Austrian subsidiary of an international auditing company, including the amendment of the working time scheme, the termination of employment relationship and the representation in court against former employees.
Representation of a 10%-shareholder against another 10%-shareholder in a corporate litigation on whether the contribution of 80% of the shareholding in a world-leading sport equipment manufacturer to an Austrian Private Foundation was valid (EUR 800 million, Austrian courts).
Representation of a large Austrian multinational in the proceedings on constitutionality of the Austrian Squeeze out Act (EUR 10 million, Austrian Constitutional Court).
Assessing the laws on lifting the corporate veil on companies in Mexico for a major shipping demurrage case, where the underlying cargo interests were not in a position to accept delivery and the vessel carrying crude ended up waiting for months before discharge could occur (USD 3+ million).
Advised a major international trading house (Singaporean plc), in respect of a cargo claim against vessel owners. Travelled to Lagos and Port Harcourt, Nigeria, to take evidence from our trading clients, surveyors, port terminal operators and harbour masters. In the arbitration proceedings, the Owners counter-claimed for wrongful arrest in Nigeria / breach of London arbitration agreement.
Supporting an Austrian integrated oil and gas company in every aspect of their employment and industrial relations issues.Representing the company in court proceedings against an employee claiming higher pension entitlements than currently paid out. The case is of utmost importance, as further employees may raise similar claims (Austrian court).
Assisting the company in the court proceedings against a former contractor regarding the existence of an employment relationship.
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.
Supporting a leading German multinational home improvement supplies retailing company in all employment related matters, including assistance in drawing-up a data-protection law compliant HR system and its implementation, in line with the respective requirements under Austrian employment law, for about 3,500 employees in Austria.
Assisting the company in defending their current working time schemes against claims of numerous employees and the works council for introduction of a 4-day working week, based on the newly introduced collective bargaining agreement.
Representing the company in court proceedings against one of its former employees claiming re-instatement of her employment based on allegedly socially unfair notice of termination and discriminatory treatment in connection with employment termination (Austrian courts).
Representation of major Danish shipowner in an off-hire and performance dispute which threw to both US and English jurisdictions.
Acted for a Belgian/Turkish shipowner in relation to outstanding sums under a series of charter parties. Obtained an award in the client’s favor. The matter involved dispute over jurisdiction, overdue hire payments and the validity of an assignment.
Supporting a multinational Italian/American car manufacturer and seller (one of our long-standing clients) in all operative day-to-day employment law, industrial relations and pension issues. Providing support, from Austrian employment law perspective, in possible restructuring measures, including potential reduction in force, mergers and shut-downs of certain operations in Austria. Representing the client against employee’s alleged sexual harassment claims.
Defense of logistics company against claims involving a cargo of copper that disappeared from a container in transit. Enforced package limitation under the Carriage of Goods by Sea Act and won appeal before Seventh Circuit Court of Appeals.
Representation of client insurance company in the Eastern District of Wisconsin regarding damages to a cargo of food products carried from California.
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 Italian shipowners in defense of numerous cargo claims resulting from signficant vessel incident involving major container loss.
Representation of clients, multiple entities from multiple countries involved in exchange trading business, in defense of fraud allegations brought by a Greek billionaire and related companies.
Representing a Dutch manufacturer of printers in a court proceeding against a former employee (Austrian courts).
Representing a leading Austrian construction company in four parallel court proceedings against company’s former manager inter alia on the issue of wrongful employment termination and claims for overtime payments (Austrian courts; Committee for Disabled Employees).
Representing a senior employee of an international mobile communications company in challenging the termination of his employment (Austrian employment courts).
Representation of an Austrian building services engineering company in two court procedures initiated by a former employee, challenging the notice of termination due to his status as a disabled person.
Provided legal advice to an Austrian traffic engineering and advertising technic company in the pre-trial phase against a Slovenian supplier and a Dutch client.
Representation of a Korean luxury car dealer in a court proceedings against an Austrian supplier (Austrian courts).
Representation of a South European plant-engineering manufacturer in a challenge proceedings against all three arbitrators of a previous arbitration proceeding (EUR 3 million, Austrian Supreme Court).
Representation of a global franchise company in a court proceedings against local franchisees (Austrian courts).
Representation of a Central European construction company in court proceedings on disbursement of performance and advance payment guarantees (EUR 1.4 million, Austrian court).
Representation of a large Austrian multinational in a damage claim against a minority shareholder (EUR 20 million, Austrian courts).
Representation of a global plant manufacturer based in Austria in court proceedings against an oil & gas multinational concerning the refurbishment of industrial equipment in an oil refinery (EUR 1 million, Austrian courts).
Representation of a global plant manufacturer based in Austria in a dispute against a large process technologies, equipment and plant manufacturer concerning the construction of an industrial piping system (Austrian courts).
Acted for a Norwegian chartering company in four separate arbitrations/charters. Issues include failure to nominate, coercion to pay outstanding demurrage, failure to pass on money received from sub-charterers and receipt of fund by agents for principals. There were separate Norwegian proceedings for security.
Acted for a trading company in relation to a High Court action brought by a US metals company and related court/arbitration proceedings involving a UK metals trading company. The proceedings involved allegations of fraudulent misappropriation of company funds, sanctions issues and contract default.
Representing a leading Austrian construction and engineering company in proceedings on termination of the employment contract of a manager, who had a status as a disabled employee, eligible for preferential treatment (Committee for Disabled Employees).
Representation of a Western European financial entity in Austrian annulment proceedings regarding an ICC award against several European entities (EUR 10 million, Austrian courts – including the Supreme Court).
Representation of global energy major in an LMAA arbitration in a long-term charterparty dispute for a LNG carrier.
Representation of European ro-ro operator and logistics services provider in relation to a multi-jurisdictional dispute arising from container damage at the Port of Cork, UK.
Representation of cargo interest in claims for cargo damage caused by collapse of warehouse. Won key motion for sanctions and defeated the warehouse’s motion for summary judgment to enforce a limitation of liability.
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.
Representation of Eastern European state in the Southern District of New York regarding enforcement proceedings arising from an UNCITRAL arbitral award. Successfully obtained attachment of funds deposited with arbitral body.
Representing a global trading service in a successful strike out/summary judgment application and security for costs application in the High Court of England & Wales, after allegations were made of breach of contract, breach of fiduciary duty and commission of the tort of conspiracy to injure by unlawful means.
Defended oil spill indemnification claims against client time charterer following oil spill event on Mississippi.
Representaiotn of major turkish conglomerate in pursuit of claims against US manufacturer of heavy equipment for defects and return of deposits, successful defeat of subject matter jurisdiction challenge involving the structural nature of a Turkish A.S. (Anonim Sirket).
Representation of Asian shipowner in US federal litigation brought against a publicly traded US minerals and mining company in connection with the pursuit of fraudulent transfer claims. In a reported decision, successfully defeated summary judgment motion made by defendant.
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.
Advised an international reinsurance broker involved in large-scale civil litigation brought by the liquidators of HIH in the Supreme Court of NSW.
Obtained dismissals based on U.S. maritime law defenses resulting in reduction of client’s damages from multimillion-dollar jury verdict to less than $300,000.00 in a lawsuit by former Jones Act employee and family.
Obtained sanctions on behalf of a minority shareholder following dismissal of a lawsuit on the basis of res judicata filed against minority shareholders by the directors of the corporation for tortious interference and civil conspiracy in the Circuit Court of Cook County, Illinois.
Representation of a Spanish airline in the court proceedings against an employee challenging his notice of termination (Austrian courts, including Austrian Supreme Court).
Representation of a lage Austrian multinational in the proceedings against contractual claims brought by a former manager (EUR 30 million, Austrian state courts and an ad hoc arbitral tribunal).
Acted for an international metals trading house, and then its cargo underwriters, in a major subrogated claim against Owners, Shippers and Receivers in relation to stolen steel cargo. The case involved multi-layered court action across the world, including vessel arrest proceedings in Turkey and Lebanon, and other corporate criminal actions in Russia, Florida and Switzerland.
Representation of client aircraft manufacturer in defense of asbestos related lawsuit for personal injuries resulting from asbestos exposure during maintenance and repair. Upon removal to federal court, plaintiff’s motion to remand was denied.
Representation of US energy major in defense of general average claims following vessel grounding. Claims not pursued following aggressive pursuit of international discovery and investigation. Handled global coordination of legal and investigatory team.
Representation European winery against allegations said to sound in breach of contract and unjust enrichment brought by alleged US distributor.
Defending Turkish Fin-Tech entrepeneur from allegations by former business associate(former employee/ consultant) that major foreign exchange trading business/ platform and technology developer was / is owned by a partnership rather than outright and solely by entreprneur.
Defense of client, an entity involved in the foreign exchange industry, against fraud allegations in Chicago, Illinois, as part of a global defense effort. Successfully obtained vacatur of a default judgment and dismissal of the action with the vacated default judgment.
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
Advised coal trader on a 1.5 year coal supply contract dispute against the receiver. The receiver argued repudiation for alleged fraudulent conduct, namely backdating a B/L. Client claimed damages for wrongful repudiation in LCIA proceedings. There were related LMAA arbitration proceedings and UK court proceedings for freezing orders and vessel arrest.
Advised shipowner clients and its P&I Club on a cargo misdelivery claim and associated indemnity action. The bill holders’ claim was subject to LMAA arbitration proceedings and the indemnity proceedings were before the English High Court. Our client obtained freezing orders against the commodities trader in England, enforced those in Switzerland and Rule B attachments against the indemnifying party in the US, having defended a sister-ship arrest in Morocco and related proceedings in Dakar.
Obtained dismissal of employee’s workers’ compensation claim for Longshore Act employer client at trial level, resulting in settlement for amounts previously paid following appeal of court’s dismissal.
Representation of a Singaporean shipping company with its main seat of business in London in enforcement and recognition of foreign award proceedings (USD 5.7 million, Mexican courts).
Acted in a major English Technology and Construction Court claim for French-based international insurers following a catastrophic train derailment in the Midlands, UK. We handled the regulatory investigations into the accident and the litigation. Devised our client’s litigation strategy and the key contractual defences. After six years the case successfully resolved.
Advised a large US commodities trader in an arbitration claim for overpaid hire and bunkers on a time charterparty. This involved insolvency proceedings in Greece and various actions for security.
Advised the primary D&O insurer of one of Australia’s largest construction companies in relation to a claim for alleged non-disclosure of material market information on losses sustained by the insured on a construction project. The matter was brought as a class representative action in the Federal Court of Australia, and involved the company and its directors/executives.
Representation of a German manufacturer of modern technological products in court proceedings against an Austrian employee with regard to the cross-border applicability of the protection against termination under Austrian Labour Constitution Act and German law (Austrian courts, including the Austrian Supreme Court).
Representation of condominium developer client in a construction defect matter in the Circuit Court of Cook County, Illinois filed against the developer, contractor, and subcontractors.
Representation of a large Austrian multinational in the squeeze-out of a minority shareholder (EUR 10 million, Austrian courts).
Representation of a German lamp and illuminate manufacturer in court proceedings against an Austrian employee regarding the cross-border applicability of the protection against termination under Austrian Labour Constitution Act (Austrian courts including Austrian Supreme Court).
Siwy (panelist), “World in chaos. How to reflect uncertainty“, European Valuation Conference 2022, Prague/Czech Republic, 24.05.2022.
Beisteiner (speaker), “Streitbeilegung, aber richtig! Ein Infoabend für UnternehmerInnen zur Streitbeilegung“, WKO Vienna/Austria, 26.04.2022.
Schreuer (author), “Principles of International Investment Law: Third Edition” co-authored with Rudolf Dolzer and Ursula Kriebaum, Oxford University Press, 2022.
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 in international commerce. Everything you never knew about sanctions explained!
In 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 nature of the world of international trade.
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Zojer & Herbst (lecturers), “Civil Procedural Law for Journalists”, Presseclub Concordia “Legal Basics” series, 22.03.2021.
A European agreement on termination of BITs recently came into force. Watch our Ondrej Cech discuss the impact of the agreement as a final blow to the intra-EU bilateral investment treaties.
Save the date: 20 October 2022.
Further info coming soon.
Pursuant to a Contract of Affreightment (the “COA”), Owners and Charterers agreed that Owners would transport bauxite from Guinea to Ukraine.
This is our second update to keep our clients informed as we monitor the rapidly changing security situation in Ukraine. As described in our earlier sanctions circular, we believe we are uniquely placed to assist our clients in this current fast-moving situation with our teams of international lawyers based in USA, UK and EU. We have experience and expertise to assist all our clients’ requirements.
This update is the first of several which ZFZ will produce to keep our clients informed as we monitor the rapidly changing security situation in Ukraine. We believe we are uniquely placed to assist our clients in this current fast-moving situation. Support is likely to be needed in a variety of contexts, for example advice as to whether a client is captured by the sanctions or whether a contract with a Russian counterparty can be performed and support on opportunities and projects that arise in relation to alternative energy sources because of the sanctions on Russian energy providers. We have the experience and expertise to assist all our client’s requirements.
“US Class Action and European Representative Actions”
US Class Actions are a feature of US litigation, which is well-known and sometime misconceived far beyond the United States. The member states of the European Union will introduce representative actions for the protection of collective interests of consumers by 25 December 2022 under Directive 2020/1828.
Join us on 9 December 2021 for a discussion on the principles of class actions and whether or not they could serve as a model for representative actions in the EU with class action focused attorney Mike Lowenberg and our Vienna partner Alfred Siwy moderated by our New York/Houston of counsel Nicholas Paine.
Thursday, 9 December 2021, 8:30 EST / 14:30 CET
In Morgan v. Sundance, plaintiff sued Sundance for violating the Fair Labor Standards Act in the US District Court for the Southern District of Iowa.
In Spielthoff Transport B.V. v. Phyto-Charter Inc., No. 20-CV-3283, (S.D.N.Y. May 13, 2021), the court granted a petition to compel arbitration, denying the respondent’s motions to dismiss for lack of subject matter jurisdiction and failure to state a claim, and went so far as to order the respondent to choose an arbitrator or have the court appoint one for it.
We’re delighted to welcome Richard Murray to our London office!
We’d like to thank all of our wonderful colleagues and clients who recommended us both as a firm and as individuals to be included in the Chambers and Partners Global 2021 Guide.