“Calum’s legal analysis is exceptional”Major US dry bulk operator
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 email@example.com for further reference cases.
Zadkovich, Cheyne, Vagin & Winstanley (authors), “The Nature of Demurrage: Will U.S. Tribunals Join in The Eternal Bliss?“, The Arbitrator Newsletter published by the SMA, 01.03.2022.
Aiden Lerch joins Luke and Calum on this week’s episode, to discuss a recent (and rare) Supreme Court decision on Estoppel by Convention.
Judgment in the CMA CGM Libra has been handed down yesterday by the Supreme Court. The result is that negligent passage planning can render a vessel “unseaworthy”, and liability for that unseaworthiness is not covered by the Article IV Rule 2 exception for errors in navigation.
The Court carried out a detailed and comprehensive review of a number of established precedents. In doing so, the Court also rejected Owners’ arguments that there was a need for an “Attribute Threshold” (where there must be an identifiable “attribute” that is defective to cause the unseaworthiness).
Finally, the Court agreed that the “prudent owner” test was not the sole test for unseaworthiness. While that test remains very important, the Court noted that the unseaworthiness must also go to the vessel’s ability safely to carry out the contracted voyage. That is in line with authorities including The Aquacharm, where an issue that a prudent owner would clearly seek to rectify was not sufficient to amount to unseaworthiness (in the case of The Aquacharm, overstowage preventing a vessel passing through the Panama Canal).
Luke and Calum discuss this significant Supreme Court judgment on a critical area of maritime law.
Luke and Calum welcome special guest Lucy Noble to recap a battle of the forms judgment newly handed down from the English Court of Appeal. The jurisdiction dispute in TRW v Panasonic  EWCA Civ 1558 confirms an important exception to the last shot principle, a question of interpretation which is approached quite differently under US law.
In this episode, Calum and Luke use London Arbitration 20/21 as a launching point into the world of nominations, options and elections. Does a nomination become written into a contract once made? When does it not? What parallels are there with redelivery notices (eg. the Zenovia)? Or analogies with other options in a contract?
Luke and Calum welcome special guest, Eva-Maria Mayer onto the podcast to discuss an interesting point of difference between US and UK law. This one involves a blast from the past, and we take a look at some important historical cases from the English House of Lords and the US Court of Appeals (Fifth Circuit).
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.