CJK Maritime

Arbitration

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Christopher Kidd

Christopher Kidd

Maritime Arbitrator

Highly experienced dispute resolution specialist with 40 years extensive experience of all aspects of maritime law and advising clients worldwide on non-contentious and contentious matters in the shipping, offshore and renewable energy sectors including charterparties, cargo claims, bills of lading, sale and purchase, insurance, total losses, and commodities trading.

Over the 40 years in private practice, I have gained extensive experience of all aspects of maritime law and advising clients worldwide on non-contentious and contentious matters in the shipping, offshore and renewable energy sectors including charterparties, cargo claims, bills of lading, sale and purchase, insurance, total losses, and commodities trading.

I have been involved a range of high value, complex and multi-jurisdictional disputes including LMAA, ICC and LCIA arbitrations, as well as cases in the Commercial Court, Hong Kong Courts and other jurisdictions. I have taken cases to the House of Lords, the Court of Appeal, and Commercial Courts.

I have over 20 years experience in shipbuilding, conversion/repair and offshore construction including offshore windfarms. I have advised yards, buyers, banks and others in relation to contract drafting/negotiation of shipbuilding, conversion and repair contracts, refund guarantees, performance guarantees, consultancy agreements, design agreements and service agreements. I have represented parties in disputes involving arbitration and High Court proceedings relating to delay and disruption claims, variations, warranties, termination and refund guarantee issues. Recent experience includes MODU’s, LNG carriers, wind turbine installation vessels, vessels operating in the renewable sector, offshore support vessels, cruise liners, passenger ferries and superyachts as well as conventional vessels.

I have also been involved in a significant number of high-profile cases involving accidents to offshore vessels, fixed and floating platforms including the BP Thunderhorse, Bombay High North and Piper Alpha.

I worked with BIMCO to develop standard form industry contracts including NEWBUILDCON, CONVERSIONCON, SUPPLYTIME 2017 and WINDTIME.

Qualifications & Experience

1984 - 2023

Ince & Co, London and Hong Kong

Partner for 29 years

Admitted as a solicitor in England & Wales (1986) and Hong Kong (1995).

Practised in London and Hong Kong. Senior member of Shipping & Offshore Group, Joint Head of Energy & Offshore and Head of Shipbuilding & Offshore Construction for several years.

2023 - 2024

Campbell Johnston Clark

Director

Recent Case Work

  • Demurrage ClaimsActed for an oil trading company, handling demurrage claims and settlements.
  • Coal Cargo ArbitrationDefended charterers in arbitration, challenging claims after a shipowner refused to load a coal cargo.
  • Commodities Contracts & CharterpartiesAdvised a Korean trading company on issues arising from commodities contracts and related charterparties.
  • Naval Vessel ConstructionAdvised a Spanish state-owned shipyard on contract issues for the construction of two naval vessels.
  • Superyacht Build DisputeRepresented an owner in High Court proceedings related to build quality disputes and the rejection of a superyacht.
  • Shipyard Refit DisputeAdvised a state-owned shipyard on a vessel refit dispute.
  • Diamond Mining Vessel ConstructionProvided legal counsel to a leading mining company on a contract for the construction of a specialist diamond mining vessel.
  • Deepwater Oil Drilling ArbitrationRepresented a New York Stock Exchange-listed company in a contentious arbitration concerning the construction of a drilling unit designed for deepwater oil extraction.
  • Superyacht Coating DisputeAdvised a leading European yard on a dispute arising from the coating of a superyacht.
  • VLCC Sale & Purchase ArbitrationAdvised a major Korean shipowner in arbitration related to a dispute over the sale of a Very Large Crude Carrier (VLCC).
  • Semi-Submersible Rig Delivery DelayActed for a major Korean shipyard in arbitration related to liquidated damages resulting from the delay in delivery of two semi-submersible drilling rigs.
  • Construction Defects ArbitrationRepresented a major Korean shipyard in arbitration concerning claims for construction defects and the near-total loss of the world’s largest production and drilling quarters.
  • Commercial Court – Gas Field ConstructionActed for a European fabrication yard in Commercial Court proceedings over the construction of topside modules for the Cygnus gas field in the North Sea.
  • Cygnus Gas Field ConstructionAdvised a European fabrication yard in a dispute over the construction of topside modules for the Cygnus gas field in the North Sea.
  • Offshore Windfarm Construction CharterRepresented a leading utility and energy company in the negotiation of a long-term charter for an Accommodation Support Vessel (ASV) to be used in the construction of two North Sea windfarms.
  • Offshore Wind Turbine Jacket DisputesAdvised on disputes arising from the construction of jackets for offshore wind turbines.
  • Oil Removal from Offshore FSOCounseled on a project to remove oil from a Floating Storage and Offloading (FSO) unit moored offshore Yemen, including advising on contracts for oil removal, vessel management, and replacement.
  • Asian Cruise Liner AcquisitionAdvised on shipbuilding aspects during the due diligence process for a pension fund's acquisition of a publicly-listed Asian cruise liner.
  • Ship Scrapping CovenantSecured an injunction for a vessel owner to enforce a covenant requiring the purchasers of the vessel to sell it for scrap.
  • Newbuilding Contract RenegotiationAdvised publicly-listed shipowners on the cancellation and renegotiation of newbuilding contracts with Chinese and Croatian yards.
  • LNG Carrier New Build ContractsProvided advice to a ship services company on contracts for the construction of two LNG carriers.
  • Cruise Vessel Management AgreementsAdvised a leading hotel group on a potential hotel management agreement for river and seagoing cruise vessels.

Reported Cases

  • Karin Vatis [1988] 2 Lloyd's Rep. 330Charter-party (Voyage) - Freight - Vessel carried additional cargo - Charterers paid 95 per cent. of freight - Vessel lost on voyage - Whether owners entitled to last 5 per cent. of freight and accrued load port demurrage - Whether owners entitled to additional freight for additional cargo.
  • Piper Alpha Public Enquiry [1989]Public enquiry into explosion and loss of North Sea oil platform.
  • Jordan Nicolov [1990] 2 Lloyd’s Rep. 11Arbitration – Award – Remission – Technical misconduct – Arbitrators found against charterers on title to sue and that insurers’ claims time barred – Arbitrators declined to entertain claim made by insurers – Whether technical misconduct – Whether award should be remitted.
  • Varna [1993] 2 Lloyd's Rep. 253Admiralty practice - Arrest of vessel - Carriage by sea - Plaintiffs claimed damages for breach of contract or conversion - Plaintiffs arrested sister ship - Affidavit failed to disclose existing proceedings in Bulgaria - Whether warrant of arrest should be set aside - R.S.C., O. 75, r. 5.
  • E.E. Caledonia Ltd) v. Orbit Valve Co. Europe [1993] 2 Lloyd's Rep. 418Contract - Construction - Indemnity clause - Contract to overhaul gas valves on Piper Alpha platform - Disastrous fire on platform - Service engineer died - Whether plaintiffs’ right to indemnity included consequences of plaintiffs’ negligence - Whether indemnity covered breach of statutory duty - Whether engineer’s death caused by performance of contract.
  • Mcfarlane v. E.E. Caledonia Ltd [1994] 1 Lloyd's Rep. 16Negligence - Personal injury - Duty of care - Defendants operators of Piper Alpha - Fire broke out on rig - Plaintiff suffered psychiatric injury - Whether defendants owed plaintiff a duty to exercise reasonable care to avoid causing him injury.
  • Lady Muriel LMLN 413 (1995)Charterparty containing London arbitration clause - Whether charterers entitled to interim protection order from Hong Kong court requiring owners to permit charterers to inspect vessel to determine seaworthiness
  • Niobe [1995] 1 Lloyd's Rep. 579Sale of ship - Norwegian Saleform - Construction of cl. 11 - Sellers sold vessel to buyers - Dispute as to condition of vessel on delivery - Whether sellers under obligation to notify classification society prior to delivery of matters affecting class which came to their knowledge as from contract date, last survey date or some other date.
  • Star Sea [2001] 1 Lloyd’s Rep. 1Marine insurance: time policy: vessel constructive total loss by fire. Unseaworthiness (section 39(5) of the Marine Insurance act (‘MIA’) 1906)- whether the vessel sent to sea in an unseaworthy condition with the privity of the assured – Whether the duty of utmost good faith continues after the contract has been made- Whether the assured was in breach of the duty under section 17 of the MIA 1906.
  • Kriti Akti [2004] 1 Lloyd's Rep. 712Charter-party (Time) - Duration - Vessel chartered for “11 months, 15 days more or less in charterers’ option” - Clause 18 providing that should vessel be upon a voyage “at the expiry of the period of this charter” charterers should have the use of the vessel for completion of the round voyage - Clause 50 providing that any time off-hire shall count “as part of the charter period” and giving charterers option to use time off-hire as extension to “charter period” - Charterers exercising cl. 50 option to use time off-hire as extension to “charter period” - Whether “the period of this charter” in cl. 18 included 11-month period plus 15 days in charterers’ option plus off-hire extension.
  • CSK Glory [2020] Lloyd's Rep. Plus 19Sale of ship – Buyer contracting to scrap vessel and not to use her for trading – Buyer trading vessel in breach of agreement – Whether seller entitled to injunction – Whether damages adequate remedy – Whether seller entitled to “negotiating damages” – Whether buyer entitled to declaration that seller limited to nominal damages.

Memberships

Supporting Member, LMAA. (Present)
Member, Energy Arbitration Club (Present)
Member, LSLC (Present)
Council Member, LSLC (2019-2023).
Member of LMAA Supporting Members Liaison Committee (2016-2019).
Secretary, Hong Kong Maritime Law Association (1997-2001).
Admitted Fellow of Chartered Institute of Arbitrators; not presently a member (1998).

Education

College of Law, Guildford (1983-1984).
Magdalene College, Cambridge MA (Cantab) (First Class Honours, Law) (1980-1983).
Latymer Upper School, London (1972-1979).

Quotes Issued By Legal 500

Has vast experience in shipbuilding matters– Legal 500
A real asset– Legal 500
Understands client needs and always gives first-class advice– Legal 500