"A boutique firm with specialist expertise in maritime and admiralty law… Stands out in the market for its combined focus on English and US maritime, logistics and trading cases."Chambers & Partners USA 2020
Zeiler Floyd Zadkovich is a market leader in advising participants at each stage of the logistical supply chain. We represent terminal operators, freight forwarders, liner and ro-ro operators, road and rail carriers, warehouse operators and their insurers.
We combine private practice, in-house and insurance expertise to deliver results to clients on a broad range of issues including transactional, front-end advice, putting projects together, through to handling disputes that may arise from all aspects of the industry.
We have lawyers in all our offices dedicated to providing excellent service to our clients in the logistics and transport industry. Our unique transatlantic offering is testament to our commitment to this area of law. Many clients come to us to handle cases that involve both English and US law, leveraging our dual capability and achieving costs efficiencies.
We understand the complex contractual relations involved in the door-to-door carriage of goods from our experience working closely with our clients, including time spent in-house at a leading insurer of through transport risk.
We regularly advise major shipping container lines, ro-ro operators and freight forwarders in cargo damage claims arising during the sea leg of a multi-modal movement. Such claims often involve pursuing other parties involved in the transportation, such as: terminals; truck operators; shippers; rail companies; agents; shipowners; charterers; and vessel pool managers.
We have an in-depth understanding of the complex terms involved in the sea carriage of goods, including multi-modal bills of lading, alliance agreements and vessel sharing agreements. We have been involved in numerous claims, arbitrations and court litigation where multimodal bills and port-to-port bills have been closely scrutinised and we have assisted clients with drafting the details of the terms or carriage on the reverse of such bills.
We are available on an emergency basis to conduct necessary incident investigations, and maintain close contact with surveyors, engineers and other experts.
Back to topWe regularly act for freight forwarders and road transport operators in relation to loss of cargo whether due to theft, road accident or other incident. We understand the interplay between the road carriage terms, including any applicable conventions like CMR in Europe, the Carmack Amendment in the US, and multi-modal bills of lading and other contracts involved in the carriage of good by road.
Back to topPersonal injury and wrongful death verdicts have reached all-time highs.
Whether defending against maritime personal injury claims on the water, or injuries suffered in over-the-road accidents, lawyers at Zeiler Floyd Zadkovich 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.
We represent transportation and logistics companies involved in injury claims on land. Our clients include carriers, brokers and equipment owners throughout the US. We vigorously defend claims in court, preserve contractual and equitable claims against responsible parties, and assist insurers in analysing the merits to set appropriate reserves. We are currently working on some very high profile wrongful death and injury logistics and trucking accidents.
Our lawyers also stand ready to respond to maritime incidents, preserving critical evidence, interviewing witnesses and assisting 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.
Relying on industry experience and legal expertise, we are proud to serve as the “go to” lawyers for P&I Clubs, insurance companies and companies that serve the maritime and transportation industries.
Back to topWe have a long history of acting for terminal operators in relation to incidents, claims and disputes together with support on contract drafting and projects.
We have particular experience of representing ports in emergency situations. For example we have acted for ports and insurers on numerous occasions where damage has been caused to a terminal’s property, e.g. jetties or equipment, by an allision by a ship. We have also supported terminals in incidents involving fatalities and injuries e.g. fire at storage facilities. We are set up to act quickly in an emergency situations, to manage the various interested parties, including technical experts, insurers, investigatory bodies and counterparts, and to ensure we are well placed to fully investigate the circumstances and gather, protect and preserve all relevant evidence as a priority. We have also acted for ports in claims against them by ship operators for damage to ships or cargo during operations or as a result of faulty stowage.
We assist port and terminals in drafting their general terms and conditions, conditions of use and other contractual documents required to ensure they are not exposed to unreasonable risk in performing their business.
Back to topA successful claim means an actual return. Not just the paper an award is written on.
Across our office jurisdictions and working closely with our local network, we act swiftly, accurately and where necessary, assertively to secure our client’s position. We are recognised as market-leading experts in US security actions, including enforcement actions against ‘alter-ego’ defendants by piercing the corporate veil.
Our security actions involve vessel arrests, asserting liens over cargo, sub-freights and sub-hires, securing attachments over business receivables or attaching other assets belonging to the defendant. We frequently do so in the backdrop of insolvency, including actions to unwind potentially fraudulent transfers and to trace funds so that our clients can make a full recovery.
Obtaining security requires a blend of creativity and forensic study. We combine these attributes to enforce claims and turn judgments into money.
Back to top
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 a Southern European logistics company in Vienna-seated arbitration proceedings and settlement negotiations against a German service provider (VIAC).
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.
Advising a German multinational freight company with regard to the implementation of employee programmes and the statutorily applicable collective bargaining agreement
Ongoing employment law support of a multinational logistics company, including redundancies and employee data protection.
Representing a manging director of a municipal transport service company on the renewal of his appointment toward the company.
Assisting a German airline specialized in charter and medical repatriation flights with regard to contractual relationship with their pilots and medical crew.
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).
Representation of client insurance company in the Eastern District of Wisconsin regarding damages to a cargo of food products carried from California.
Representation of a Central European state in an investment arbitration under the UNCITRAL Rules against a German natural person claiming violation of his/her rights by a court decision on squeeze-out (USD 100 million, PCA).
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 a Spanish airline in the court proceedings against an employee challenging his notice of termination (Austrian courts, including Austrian Supreme Court).
Advising Mexican subsidiary of a major Austrian group in the oil drilling industry on its day-to-day corporate and employment issues, including the drafting and reviewing of master sales agreements that contain provisions stipulating specific timeframes and transportation information for delivery and return of rental equipment, as well as other complex commercial contracts.
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 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).
With Luke deep in hearing prep this week, Calum was joined by Miguel to look at a (slightly speculative…) attempt to use the wording of the LMAA Small Claims procedure to bar a claim.
A quick fire one this week – but a snapshot into an interesting maritime law point, London Arbitration 9/23.
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.
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.
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.
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.
Calum and Luke had a lot of fun in NY doing this session in front of key clients last week. Our colleagues’ heckling notwithstanding. Essentially, we skip through 6 recent English cases from the first half of 2023. Some we’ve done before and some are new. Traversing plenty of territory in the shipping, commodities and insurance space. This pod will give you a good flavour of what’s been going on in the courts.
And yes, that’s our wacky art wall in the NYC office and not a virtual background…
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?
This week Luke and Calum discuss the English Court of Appeal case of Unicredit Bank AG v Euronav NV [2023] EWCA Civ 471.
This is a fascinating case that gets into the heart of the status of paper bills of lading. It highlights the dangers for banks in relying on paper bills, where the charterparty allows for novation of the charterparty and delivery against a letter of indemnity from charterers.
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.
This week Luke and Calum are back with a chat about England & Wales Court of Appeal case DHL Project & Chartering Ltd v Gemini Ocean Shipping Co Ltd [2022] EWCA Civ 1555.
