elsworthADR  

Experience - Timothy Elsworth

As arbitrator, regularly appointed in maritime disputes concerning charterparties (including NYPE, Gencon, Asbatankvoy, Shellvoy, etc.), demurrage and freight, exclusive shipment contracts, salvage and total loss, safe ports, stevedore damage, ship performance and maintenance, ship management, etc.  He ippointed under various terms but in particular the LMAA of which he is an Aspiring Full Member and Supporting Member.  Timothy is a Member of the Panel of Arbitrators of the SCMA.

Over 30 years' previous experience as an international commercial and maritime lawyer with wide experience handling both contentious and non-contentious work as follows:

Contentious:

“Wet” and “dry” shipping and marine insurance litigation (court, arbitration, mediation) involving multi-jurisdictional disputes, forum, liens, enforcement, security, limitation of liability, time-bar, injunctions, issues, etc., including

  • Collision, salvage, total losses, groundings, wreck removal, pilotage/port liabilities, tug and tow, machinery breakdown, fire, pollution;
  • Limitation of liability, general average;
  • Crew and passengers, repatriation, personal injury, loss of life, including pleasure craft, coronial inquests and public enquiries;
  • Charterparties (bareboat, time, voyage, slot) including seaworthiness, warranties, speed and consumption, bunkering, safe ports, NOR, laycan, laytime/demurrage, delay, hire/off-hire, delivery, withdrawal;
  • Bills of lading, general cargo and commodities with associated aspects of seaworthiness, COGSA/Hague/Hague-Visby Rules, documentary credits;
  • Sale of goods/trade practices, liner shipping conferences;
  • Dangerous goods, hazardous/noxious cargos, quarantine;
  • Logistics, freight forwarding, stevedores, ports, state control, customs;
  • Classification society liabilities;
  • Marine insurance – all aspects of hull, P&I, cargo policies;
  • Shipbuilding including warranties, principals, contractors, sub-contractors;
  • Mortgage enforcement and restructures including jurisdiction and forum, procedures, multiple ship arrests, judicial sales.

Non-contentious:

Includes drafting and advising upon

  • Freight forwarding terms and conditions, track and trace agreements, charterparties, bills of lading, commodities sale and purchase agreements, liner shipping terms, ship management agreements, crewing agreements, stevedoring agreements;
  • Marine insurance policy wordings and terms, warranties, insurance risk analyses, insurance requirements for ship sale/purchase/financing, brokers’ liabilities;
  • Ship sale and purchase agreements, including warranty clauses, arbitration clauses and enforcement provisions.