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 london@zeilerfloydzad.com for further reference cases.

Professional Experience

  • Partner, Zeiler Floyd Zadkovich, London/UK (since 2023)
  • Senior Associate, Zeiler Floyd Zadkovich, London/UK (2021-2023)
  • Associate, Zeiler Floyd Zadkovich, London/UK (2020-2021)
  • Associate, Floyd Zadkovich, London/UK (2020)
  • Associate, Stephenson Harwood LLP, London/UK (2016-2020)
  • Trainee Solicitor, Stephenson Harwood LLP, London/UK (2014-2016)

Education

  • Graduate Diploma in Law and Legal Practice Course (with distinction), BPP University, London/UK (2012-2014)
  • Bachelor of Arts, History (with honors), Durham University, Durham/UK (2009-2012)
  • Snooze, you Lose | Case by Case (Ep. 55)

    Snooze, you Lose | Case by Case (Ep. 55)

    In this week’s episode, Luke and Calum discuss English Commercial Court case Anron Bunkering DMCC v Glencore Energy UK Ltd [2023] EWHC 295 (Comm). Commodity sales contract dispute between buyer and seller. Seller paid significant sums but not the full price. Buyer received those sums and discharged much, but not all, of the cargo.

  • Achilleas’ Heel | Case by Case (Ep. 54)

    Achilleas’ Heel | Case by Case (Ep. 54)

    Late redelivery of a vessel at the end of time charter. What damages are recoverable? Surely that is settled – following the Achilleas principles… Second limb of Hadley… Special circumstances known prior to fixing, and all that…

  • Are Bitcoin Developers Fiduciaries? | Case by Case (Ep. 53)

    Are Bitcoin Developers Fiduciaries? | Case by Case (Ep. 53)

    Do bitcoin developers owe fiduciary duties to users?
    How does the law overlay and cope with a fast developing area of societal life? How should the law regulate the internet?
    These are questions for our time. And questions that will impact the future significantly.
    Absolutely fascinating seeing the English Court of Appeal grapple with these issues on case Tulip Trading Limited (A Seychelles Company) v Bitcoin Association For BSV & Ors [2023] EWCA Civ 83 (03 February 2023) – even if this is only Part 1 in the saga.
  • Leaking through an insurance loophole | Case by Case (Ep. 52)

    Leaking through an insurance loophole | Case by Case (Ep. 52)

    We’re over to insurance law today with a discussion on discuss the English Court of Appeal case Brian Leighton (Garages) Ltd v Allianz Insurance Plc [2023] EWCA Civ 8 (11 January 2023).
    This question split the English Court of Appeal – 2:1. Any time that happens we know there are going to be some talking points.
  • Liens and losses | Case by Case (Ep. 51)

    Liens and losses | Case by Case (Ep. 51)

    This time, Luke and Calum discuss English Commercial Court case Trafigura v TKK Shipping [2023] EWHC 26 (Comm)!
    The question is all about what “goods lost or damaged” means in the Article IV, rule 5(a) of the Hague-Visby Rules.
    Does ‘damage’ mean physical damage ONLY? Or does it include damage through the operation of a lien over the cargo – ie. financial type damage?
  • Shipping Bulletin | Fall Edition, December 2022
  • Calum Cheyne Promoted to Partner

    Calum Cheyne Promoted to Partner

    We are absolutely delighted to announce the upcoming promotion of Calum Cheyne to Partner with the firm, effective 1 January 2023.

  • Calum Cheyne Promoted to Senior Associate!

    Calum Cheyne Promoted to Senior Associate!

    We’re delighted to announce that our Calum Cheyne has been promoted to Senior Associate!

  • Uncertainty Around BIMCO’s Non-Payment of Hire Clause

    Uncertainty Around BIMCO’s Non-Payment of Hire Clause

    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.

  • Two Minute Case-Law: The “Alpha Harmony”

    Two Minute Case-Law: The “Alpha Harmony”

    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.

  • 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.