Rupert has extensive experience, including in the following areas:
Providing advice on English Law and London arbitration, litigation and mediation procedure to non-English lawyers and others
Obtaining evidence, particularly in Latin America and Spain, for use in London arbitration, litigation and mediation
Negotiation - in respect of which Rupert has had specialist training at Harvard Law School
Claims under English law in contract, tort and bailment
International Sales of Goods Contracts
COGSA
Sale of Goods Act
Incoterms
Guarantees
Arbitration Act 1996 and related English Court rules and Practice Directions
The enforcement of arbitration awards and the law and issues relating thereto
New York Convention
Marine Insurance Act 1906
Insurance Act 2015
Hull & Machinery insurance
The Contracts (Rights Of Third Parties) Act
The Third Parties (Rights Against Insurers) Act
Insurance / reinsurance - Rupert has an Award in London Market Insurancefrom the Chartered Insurance Institute ("CII")
The Merchant Shipping Act (“MSA”) 1995
The Senior Courts Act (“SCA”) 1981
Shipbuilding contracts (including those on the AWES, Norwegian Standard and SAJ forms and variations thereof)
Shipbuilding contract disputes and related insurance clauses
Ship Design contracts
Ship Design contract disputes and related issues
Bills of Lading
Bailment
Hague / Visby Rules
Hamburg Rules
Rotterdam Rules
Freight, Defence & Demurrage (“FD&D”)
Letters of Indemnity (“LOI”)
Security - Letters of Guarantee
The standard forms of the City of London Admiralty Solicitors Group
Conflict of Laws
The Brussels Convention 1968
EU Brussels Regulation 44/2001
EU Recast Brussels Regulation (1215/2012)
The Civil Jurisdiction and Judgments Act 1982
The Civil Jurisdiction and Judgments Act 1991
The Lugano Conventions
The Rome Convention
The Rome I Regulation
The Rome II Regulation
The Administration of Justice Act 1920
The Reciprocal Enforcement of Judgments (Administration of Justice Act 1920, Part II) (Consolidation) Order 1984 (SI 1984/129)
The Foreign Judgments (Reciprocal Enforcement) Act 1933
The 2005 Hague Convention on Choice of Court Agreements
Charterparties – including the GENCON 94, NYPE 93, ASBATIME, SYNACOMEX, MULTIFORM 1982, NORGRAIN, AMWELSH 93, OREVOY 1980, MEDITERRANEAN, CORE 7, AFRICANPHOS 1950, FERTICON, BARECON 1, BARECON B, BARECON 89, Towcon, Towhire, Supplytime, Heavycon, Heavyliftvoy, Projectcon, Salvcon and Salvhire forms, Bimco SUPPLYTIME 89, Bimco SUPPLYTIME 2005, Shell SUPPLYTIME, BP SUPPLYTIME, ShellLNGTime 1 and NYPE 2015.
Knock-for-knock provisions
Mutual Hold Harmless Agreements ("MHHA"s): mutual waiver of recourse / mutual indemnification
Ad Hoc Vessel Charter Forms
Non vessel-type contracts
Offshore Construction contracts
Booking Notes and Fixture Letters
Barge Contracts, including Bimco BARGEHIRE 2008
The Common Marine Inspection Document ("CMID")
The Offshore Vessel Inspection Database ("OVID")
The Offshore Vessel Management Self Assessment ("OVMSA") protocol
The Ship Inspection Report System ("SIRE")
The IMCA M103 Dynamic Positioning guidelines
The IMCA M182 (specific) guidelines for the operation of Dynamic Positioning ("DP") supply vessels / OSVs
Claims on the basis of breach of warranty of authority, either with or without negligence
Ship collision-related litigation in the London Admiralty Court
The 1910 Collision Convention
The Maritime Conventions Act 1911
The Collision (Civil Jurisdiction) Convention 1952
The Convention on the International Regulations for Preventing Collisions at Sea 1972 (“COLREGS”)
The Merchant Shipping (Distress Signals and Prevention of Collisions) Regulations 1996
Part 61 of the Civil Procedure Rules
The Admiralty Practice Direction
Collision Statements of Case
The Elder Brethren of Trinity House
Incident investigation
The preservation of evidence
General Average
The York Antwerp Rules (“YAR”)
Average Adjustments
Passage Planning
Pilotage
Groundings
Voyage Estimating
Admiralty Law – Commencement and pursuance of claims in rem
The Lloyd's Open Form of salvage contract (“LOF”)
The International Salvage Convention 1989
The MSA 1995 Schedule 11
LOF 2000 and 2011
The SCOPIC clause
The Special Casualty Representative (“SCR”)
Special Representatives
Towage
The Supply of Goods and Services Act 1982 (“SGSA 1982”)
The UK Standard Towing Conditions 1986 (“UKSTC 1986”)
The Harbour Docks and Piers Clauses Act 1847
The Merchant Shipping and Maritime Security Act 1997
The Ports Act 1991
The Port Maritime Safety Code
The General Lighthouse Authorities (Trinity House, etc.)
The Protection of Wrecks Act 1973
The Protection of Military Remains Act 1986
The Nairobi Wreck Removal Convention 2007
The WRECKFIXED, WRECKSTAGE and WRECKHIRE standard forms of wreckage removal contracts
Wreck Removal Orders
The International Convention on Tonnage Measurement of Ships 1969
Limitation of liability
The Convention on Limitation of Liability for Maritime Claims (“1976 LLMC”)
The Protocol of 1996 amending 1976 LLMC
The 1976 Limitation Convention as amended by the 1996 Protocol
The MSA 1995 Schedule 7
Unsafe port claims / arbitration
The impact of the Ebola virus disease (EVD) on shipping – legal considerations
Port Projects
Ship speed & performance claims
Bunker-related / alleged engine damage disputes / arbitration
Oil short landing (tanker) disputes / arbitration
Ship redelivery disputes / arbitration
Despatch claims / arbitration
Ship hold cleaning / maintenance disputes / arbitration
“Rule B” attachments in the Southern District of New York (although these are not now of use)
Seizure of funds in Paris
Equasis ship research
Vessel-tracking – including liaising with Lloyd’s Maritime Intelligence Unit - with a view to ship arrest
Ship arrest around the globe
Negotiating security / ships´ release from arrest
Documentary Letters of Credit
UCP
Vienna Convention
Derivatives
ISDA Master Agreement
Netting
Hedging in relation to commodity trades
Steel, clinker, wine, bananas, oil, citrus fruit, sugar, bean, grain, fishmeal, grape and petroleum coke cargo disputes
The shipment of wine, including both the bottled and cased and bulk shipping of wine - TCCs, ISO tanks, flexitanks, and associated issues (TCA and Naphthalene taint, TeCA, PCA, EVOH barrier films, etc.)
LNG and the LNG industry - Rupert holds a Certificate in LNG Contracts and Pricing from IBC Academy, London
Cargo fires / alleged “fire”
Cargo Insurance
The Limitation Act 1980
The Unfair Contract Terms Act 1977
The International Loadline Convention
The International Tonnage Convention
The SOLAS Conventions
The International Ship and Port Facilities Security Code ("ISPS")
Recognised Security Organisations ("RSOs")
MARPOL
The International Safety Management ("ISM") Code
The IMO Dangerous Goods Code
Flags of Convenience ("FOCs")
The International Convention Relating to Intervention on the High Seas in Cases of Oil Pollution Casualties (the “Intervention Convention 1969”)
The MSA 1995 Schedule 3A as amended by the Marine Safety Act 2003
European Directive (2002/59/EC) on Community vessel traffic monitoring
European Directive (2005/35/EC) on Ship Source Pollution
European Directive 2013/30/EU, the “Offshore Safety Directive”, and related Regulation (EU) No. 1112/2014 on the applicable data reporting format
Disputes with British rail service providers
Disputes with British telecommunications service providers
Instruction of and liaison with enquiry agents
Instruction of and liaison with foreign lawyers
Instruction of and liaison with aviation, marine and ship broker experts
Instruction of and liaison with Counsel (both Senior and Junior)
Attendance of Conference with Senior and Junior Counsel at, for example, 20 Essex St., Quadrant Chambers, Stone Chambers, Essex Court and 7KBW chambers in London
Attendance at Court and Arbitration Hearings and Mediations
Telephone and Video Conferences and Hearings, and arranging these
Inter-solicitor and solicitor-Tribunal correspondence
Interim applications
Preparing disclosure lists and bundles, and drafting disclosure requests
Preparing arbitration and Court hearing bundles
Costs-related dealings (including drafting Costs’ Schedules, instructing Law Costs’ Draftsman, drafting Points of Dispute and Submissions on Costs and Security for Costs)
The recovery of legal costs in London arbitration and litigation (and how that compares with the position in Santiago, Chile)
Yacht and Superyacht related disputes / arbitration, including those involving the MYBA (Worldwide Yachting Association) Charter Agreement and the MYBA Memorandum of Agreement
Aircraft related disputes / ICC arbitration
High Court litigation (Admiralty, Commercial and Bankruptcy Courts)
Stays & Anti-Suit Injunctions, in the English High Court, in support of international arbitration proceedings
Statutory Demands
P&I issues including P&I Clubs’ Law & Practice
Offshore pipe-laying, pipe-line renewal and maintenance
The law relating to submarines and semi-submersible vessels - both in civil and military use
The United Nations Convention on the Law of the Sea 1982 (“UNCLOS”)
The Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal
The Hong Kong Convention on the Safe and Environmentally Sound Recycling of Ships
London Mercantile Court litigation
Arbitration pursuant to the LMAA Terms
Arbitration under the GAFTA Arbitration Rules
Arbitration under the ICA, ICC, LCIA and UNCITRAL Rules
Drafting Witness Statements for use in Court litigation and international arbitration
Drafting Settlement & Escrow Agreements
Contract negotiation - Rupert has had specialist negotiation training at Harvard Law School
Without Prejudice (settlement related) negotiations
The Indian Arbitration and Conciliation Act 1996 and proposed amendments thereto
The enforcement of foreign arbitration awards in India and issues relating thereto
Mediation– Rupert has undertaken specialist CEDR mediation training, been granted CEDR accreditationand, since, practised as a Mediator
Drafting Mediation Position Papers / Mediation Statements
Preparing Mediation “Core Bundles”
Mediation Advocacy
Commercial Mediation: Procedure, Strategy & Tactics
Mediator Research and Recommendation/Selection for clients
Legal research
Drafting legal articles for firms’ websites and client updates / bulletins
Drafting legal papers, including (with Tom Birch Reynardson – ex Eton College, University of Oxford, etc.) papers for The Law Society, CWA International Ltd and International Arbitration Law Review
Translating Spanish and French legal and other documents into English - Rupert is a Member of the Chartered Institute of Linguists
Council Regulation (EC) No. 1393/2007 on the service in the Member States of judicial and extrajudicial documents in civil and commercial matters
Bilateral Investment Treaties ("BITs")
The Convention on the Continental Shelf 1958
The (U.K.) Petroleum Act 1998
Pollution from oil rigs
The Offshore Pollution Liability Agreement ("OPOL")
Area of Mutual Interest Agreements
Bidding Agreements
Petroleum Field Exploration Authorisations
Royalty Agreements
Joint Operating Agreements
Technical Services Agreements
Data Acquisition Agreements
Seismic Reinterpretation Agreements
Security Agreements
Local Community Agreements
Insurance Agreements
Leases and Licenses
Seismic Survey Agreements
Environmental Survey Agreements
Access and Compensation Agreements
Site Preparation Agreements
Drilling Contracts
Supply Agreements
Support Services Agreements
Transportation Agreements
Well Services Agreements
Accommodation Agreements
Catering Agreements
Farm-out / farm-in Agreements
Sale of Interest Agreements
Unitization Agreements and Unitization Joint Operating Agreements
Feasibility and Evaluation Agreements
Reserves Report Agreements
Design Agreements
Engineering Agreements
Fabrication Agreements
Construction Agreements
Financing Agreements
Supply Agreements
Operation and Maintenance Agreements
Tie-In Agreements
Pipeline Interconnection Agreements
Pipeline Crossing Agreements
Easements and Right of Way Agreements
Pumping Station Agreements
FPSO Agreements
FSO Agreements
Transportation Agreements
Pipeline Agreements
Processing Agreements
Storage Agreements
Lifting Agreements
Balancing Agreements
Crude Oil Sale Agreements
Gas Sale Agreements
LNG Sale Agreements
Decommissioning / Abandonment Agreements
Petroleum Field Restoration Agreements
Trade Libel and Malicious Falsehood claims and injunctions relating thereto
Film Finance Introducer Agreements
Recommendation to clients of suitable Chilean, English and Spanish lawyers
Rupert has an extensive network of contacts and can use these to assist clients establish and expand their business in Chile, Spain and the United Kingdom.