“Calum’s legal analysis is exceptional”Major US dry bulk operator
Calum Cheyne is a Partner with our firm, specializing in international commercial law, with a broad range of litigation and arbitration experience, and a focus on disputes in the maritime and energy sectors. He is instructed by clients across the breadth of these sectors, including owners, charterers, yards and financing banks.
Calum is highly regarded for his detail-oriented approach to the facts and the law. This puts clients in the best possible position to make informed commercial decisions about their approach to their disputes.
Calum has done substantial work relating to security actions and enforcement of claims. Working in parallel with foreign lawyers, Calum is an expert part of Zeiler Floyd Zadkovich’s asset tracing and enforcement team.
Calum is also instructed and assists on advisory work, particularly in relation to international trade contracts and charterparties.
Calum works in English (native).
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.
As we are watching the breaking late-night US news that the former President, Donald Trump, and 18 others, have been indicted by grand jury with conspiracy under the RICO Act in the state of Georgia, USA – this Case by Case episode (#74) comes at an opportune time.
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.
With Luke on the move this week, Calum drafted in his compatriot Leo Rees-Murphy to discuss the recent Supreme Court decision in Philipp v Barclays.
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.
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.