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Ben Moon

Legal Director London T +44 (0) 20 7481 0010
benmoon@incegd.com

Department Energy & infrastructure, International dispute resolution, Commodities & trade, Maritime Qualified 1999 Education (University) University of Exeter Languages French

Ben Moon

You, Ben Moon
& Ince, in any case

Ben specialises in contract and dispute resolution advice for the international offshore energy industry. He advises clients, including drillship/drilling rig and FPSO owners and operators, offshore pipe-lay and construction companies, heavy lift/heavy transport contractors and associated services providers, as well as ship/drilling rig construction/repair/renewal yards.

Ben advises clients in the energy and natural resources industry at both the contractual and dispute resolution stage. His experience includes advising on indemnities, liquidated damages, consequential loss, force majeure, design & construction, delay, disruption and prevention, termination, refund guarantees warranties and change orders, off-hire, liens and laytime and UKCS offshore decommissioning.

He advises on EPC, EPIC and FIDIC based contracts, turnkey and bespoke contracts for shipbuilding, offshore construction and repair & renewal of FPSOs, drillships, jack-ups, semi-subs, transporters, installation of on & offshore oil & gas pipelines and monopiles for the renewables wind sector, as well as the variety of allied contracts and charterparties used by the offshore energy industry, including LOGIC’s Mobile Drilling Rigs contract and BIMCO’s Heavycon and Towcon.

Ben’s science background is of major benefit to clients during large-scale, technically and legally complex disputes in the English High Court and international arbitration (including LCIA, LMAA).

What you may not know about Ben

Natural History, Walking (London LOOP, Capital Ring, London Marathon 2018, Coast-to-coast), Cooking, Wine (Wine & Spirits Education Trust, Level 3 Advanced Certificate, Distinction).

My matter highlights

  • Advising a US Gulf/European offshore drilling contractor on a USD 500 million international arbitration in relation to the construction and cancellation of an 7th Generation Ultra Deepwater Drillship involving numerous disputed technical punches and disputes relating to mechanical issues with the vessel’s drilling systems (including BOP and MMC issues).

  • Advising a Norwegian offshore drilling contractor on a USD 850 million international arbitration in relation to the design, construction and late delivery of 4 harsh environment, mid-water semi-submersible drilling rigs.

  • Daewoo Shipbuilding & Marine Engineering Company Ltd v Songa Offshore Equinox Ltd and another [2018] EWHC 538 (Comm)

  • Managed amicable settlement for a US Gulf offshore drilling contractor on a USD 30 million international arbitration in relation to variation claims following the repair and refurbishment of a jack-up drilling rig.

  • Advising US Gulf & European infrastructure contractors in a USD 50 million arbitration in relation to construction of onshore oil & gas pipelines, West Africa.

  • Advising a European offshore subsea contractor in a USD 100 million arbitration in relation to an EPIC contract for the construction and installation of multiple offshore oil & gas pipelines, off West Africa; advice in relation to disputed change-orders for additional engineering works and delay/over-run claims.

  • Draft suite of contracts for lease of an FPSO to manage production of a new UKCS field (EPIC upgrade contract, production operatorship and bareboat charter) for major European offshore FPSO provider/production manager.

  • Drafting bespoke LOGIC-based contracts for provision of drilling services on semi-submersible drilling rigs for a European offshore drilling contractor.

  • Advising major offshore services contractor in relation to a FIDIC-based contract for construction and installation of wind-farm monopiles.

  •  Decommissioning advice to a major European offshore production manager in relation to UKCS infrastructure.

My recent publications

News / Claiming negotiating damages – The Glory

30-10-2019 / Maritime

The English High Court has recently made it clear that injunctions can be obtained to enforce agreements not to trade vessels sold only for demolition when a buyer ignores the agreement and trades the vessels after the sale. Recovering damages is however more difficult.

Claiming negotiating damages – The Glory

News / Enforcing agreements not to trade vessels in scrap sales

30-10-2019 / Maritime

The English High Court has recently made it clear that injunctions can be obtained to enforce agreements not to trade vessels sold only for demolition when a buyer ignores the agreement and trades the vessels after the sale. Recovering damages is however more difficult.

Enforcing agreements not to trade vessels in scrap sales

Insights / Clarification of the test for rectification for common mistake

08-10-2019 / Energy & Infrastructure

… we are unable to accept that the objective test of rectification for common mistake articulated in Lord Hoffmann's obiter remarks in the Chartbrook case correctly states the law.” The Court of Appeal clarifies test for rectification for common mistake in FSHC Group Holdings ltd v GLAS Trust Corporation Ltd [2019] EWCA Civ 1361.

Clarification of the test for rectification for common mistake

News / Infelicities of expression, the bane of the hard-pressed lawyer - a disclosure pilot update

28-06-2019 / Energy & Infrastructure

“It will remain our inexorable direction of travel to maintain the White Book as the practitioners’ text of choice.” – Sir Geoffrey Vos, Chancellor of the High Court and Editor-in-Chief of the White Book in the Preface to the 2019 Edition. The White Book: the procedural text which contains the Civil Procedure Rules (“CPR”) together with commentaries as to application, and which is used extensively by the judiciary, barristers and solicitors. Unfortunate then, that the Chancellor himself should declare the White Book to be wrong in relation to the new disclosure pilot scheme in the Business and Property Courts in England and Wales which came into force through Practice Direction 51U of the CPR on 1 January 2019 (the “Pilot”) and its application to proceedings where standard disclosure had been ordered by the court prior to commencement of the Pilot.

Infelicities of expression, the bane of the hard-pressed lawyer - a disclosure pilot update

News / Futility resisted

06-02-2019 / Energy & Infrastructure

In June 2017 we reported that the High Court had rejected the notion of a “principle of futility” in Astor Management AG v Atalaya Mining plc [2017] EWHC 425 (Comm). The case was appealed by both parties and, towards the end of 2018, the existence or otherwise of a principle of futility was re-examined by the Court of Appeal ([2018] EWCA Civ 2407).

Futility resisted

News / Ince Gordon Dadds advises Algoma on the CAD115 million cancellation of four shipbuilding contracts

22-01-2019 / Maritime

International law firm Ince Gordon Dadds has advised Algoma Central Corporation (Algoma), a leading provider of marine transportation services, on the cancellation of four shipbuilding contracts with Uljanik and 3Maj Shipyard of Croatia The contracts related to the construction of self-unloading bulk carriers that were to operate on the Great Lakes

Ince Gordon Dadds advises Algoma on the CAD115 million cancellation of four shipbuilding contracts

News / Arbitration appeal? Don’t delay

28-06-2018 / Commodities & Trade, Energy & Infrastructure, Maritime

Appeals to the English court from an arbitration award must be brought within 28 days of the date of the award. Time can be extended if the award requires correction to enable an appeal but minor corrections using the “slips rule” cannot be relied upon to extend the strict 28 day period (and nor do uncorrected minor typos create a bar to seeking an appeal), as was confirmed by Daewoo Shipbuilding & Marine Engineering Company Limited v Songa Offshore Equinox and another[2018] EWHC 538 (Comm).

Arbitration appeal? Don’t delay

News / Reallocation of risk and reward to drive down contractor prices? The OGA's new Decommissioning Strategy

19-10-2016 / Energy & Infrastructure

If decommissioning on the UK Continental Shelf (UKCS) forms part of your business, you need to pay attention to the new UK Decommissioning Strategy from the Oil & Gas Authority (OGA). Change is coming.

Reallocation of risk and reward to drive down contractor prices? The OGA's new Decommissioning Strategy

News / How convenient?

19-10-2016 / Energy & Infrastructure

Picture the situation: an employer is getting fed up with one of its contractors, there is a concern that they are taking too long and getting things wrong. Wrong enough to terminate for breach perhaps but the contract provides a right to terminate for convenience. Is that the easiest way forward for the employer?

How convenient?

News / Disastrous commercial consequences on your contract? Rainy Sky to the rescue? Think again

12-10-2015 / Energy & Infrastructure

 “The mere fact that a contractual arrangement ... has worked out badly, or even disastrously, for one of the parties is not a reason to depart from the natural language [of the clause]”.

Disastrous commercial consequences on your contract? Rainy Sky to the rescue? Think again