Calum Cheyne is a Senior Associate 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

  • Senior Associate, Zeiler Floyd Zadkovich, London/UK (since 2021)
  • 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)
  • Does wireless equal email? | Case by Case (Ep. 41)

    Does wireless equal email? | Case by Case (Ep. 41)

    This week Luke Zadkovich and Calum Cheyne are back for a 1 on 1 episode after having a series of exciting guests on the podcast. They discuss London Arbitration 30/22, where the validity of a notice of readiness (NOR) submission via email is put into question. A quick and interesting one!

  • Trust us, we’re lawyers | Case by Case (Ep. 40)

    Trust us, we’re lawyers | Case by Case (Ep. 40)

    This week Luke Zadkovich and Calum Cheyne welcome a very special guest to another London studio recording – James d’Apice! James, Calum and Luke had a thrilling discussion about the New South Wales, Australia Supreme Court case Gillespie v Gillespies Cranes Nominees Pty Ltd [2022] NSWSC 1184.

  • A veritable smorgasbord of common FD&D disputes | Case by Case (Ep. 39)

    A veritable smorgasbord of common FD&D disputes | Case by Case (Ep. 39)

    Moving up in the world! This time Luke and Calum stopped by a London recording studio, and for a guest well worth the upgrade. Jim Leighton of the North of England P&I Club has been a regular listener to the podcast since the early days, and we were thrilled to have him join us on this one.

    A great case to cover some serious territory – London Arbitration 29/22 featured in LMLN. A smorgasbord of shipping cases indeed… speed and performance, redelivery not in good condition, hull fouling, bimco piracy clause, vessel damage, redelivery without full bunkers and charges for tug assistance in the Mississippi River.

    Jim’s experience with handling these FD&D cases is market leading. It shows through in how he cuts through the heart of the issues in dispute. We hope you very much enjoy the episode!

  • Ready or Not | Case by Case (Ep. 38)

    Ready or Not | Case by Case (Ep. 38)

    In this episode of Case by Case, Luke Zadkovich and Calum Cheyne welcome ZFZ London associate Lucy Noble.

    The three discuss the English Commercial Court case of CM P-Max III Ltd v Petroleos Del Norte SA (Re MT Stena Primorsk Voyage Charter) [2022] EWHC 2147 (Comm) (12 August 2022).

    Don’t forget to check out our new YouTube channel for the video recording of this episode!

  • Delicate Subjects – “Shipper / Receiver Approvals” | Case by Case (Ep. 37)

    Delicate Subjects – “Shipper / Receiver Approvals” | Case by Case (Ep. 37)

    In this episode of Case by Case, Luke Zadkovich and Calum Cheyne welcome guest arbitrator Tim Hartland to discuss English Commercial Court case DHL Project & Chartering Ltd v Gemini Ocean Shipping Co Ltd [2022] EWHC 181 (Comm).

    Case by Case goes video this time! Check out our YouTube channel here to watch the podcast video.

  • Bells Angels: an exception | Case by Case (Ep. 36)

    Bells Angels: an exception | Case by Case (Ep. 36)

    This week, Luke and Calum discuss the English Commercial Court case of Lenkor Energy Trading DMCC v Irfan Iqbal Puri [2022] EWHC 2113 (Comm).

    Follow Case by Case on Spotify, Apple Podcasts or Google Podcasts.

  • 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.