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Brian Boahene

Department Insurance, Commodities & trade Qualified 2002 Education (University) Bournemouth University Languages English

Brian Boahene

You, Brian Boahene
& Ince, in any case

Brian is a dispute resolution specialist advising domestic and international clients in the insurance, trade and transport sectors. He has wide ranging experience of commercial litigation both in the English High Court and the local courts in the Middle East and regularly advises on international arbitration and alternative dispute resolution, particularly mediation.

Brian has a focus of advising on insurance disputes relating to marine, property, liability, energy, trade credit & political risks and financial lines insurances. He advises on claims arising under direct insurance and facultative and treaty reinsurance policies. He has acted in several local and international insurance arbitrations in coverage claims, defence work and in pursuing/defending subrogation claims. 

In the transport sector, Brian advises on shipping disputes arising under charterparties, bills of lading and other contracts of carriage. His work includes both front-end advice on contract wordings and contentious matters including ship arrest, collisions and groundings. He also advises aviation and shipping clients on insurance issues and has been seconded to two Middle Eastern aviation companies.

His expertise extends to matters of regulatory compliance in the area of international sanctions and compliance regimes and he also has extensive experience advising on GDPR, incident response and statutory reporting issues.

Quote

"TO TRY TO SECURE THE BEST OUTCOME FOR CLIENTS THROUGH A CLEAR UNDERSTANDING OF THEIR COMMERCIAL OBJECTIVES."

Accolades
Chambers Global

 

My matter highlights

  • Acting for CMA CGM Group and their fixed and floating objects insurers in a landmark decision before the Dubai World Tribunal establishing the ability for ship owners and their liability insurers to limit their liability under UAE law, and to do so in the form of a P&I Club Letter of Undertaking pursuant to 1976 limits of the Limitation of Liability Convention for Maritime Claims.
  • Acting for property and business interruption insurers in multimillion dollar subrogation claim against ship owners and their P&I Club following damage to the insurer’s port facility.
  • Acting for successful insurers in defending claim under a Builder’s Risks policy before the UAE local courts in a dispute as to the nature of the indemnity available was an agreed value policy or a limit of liability dependent on the actual value of loss.
  • Advising reinsurers on coverage issues arising under an operational material damage and business interruption policy following a mechanical failure of equipment at an onshore energy plant causing high value losses.
  • Acting for insurers in multiparty litigation involving disputes with their reinsurers, their insured and their reinsurance brokers following substantial damaged to insured property in Dubai and achieving substantial recovery from the reinsurers and the brokers.
  • Acting for one of the largest international insurers and their insureds in claims under a property, business interruption and loss of rent insurance following a fire to a well-known shopping mall in Dubai.
  • Acting for liability insurers following fire to The Address Downtown Dubai hotel.
  • Advising major Middle East NOC on the terms of their group D&O policy.
  • Advising reinsurers on coverage issues under computer crime policy following substantial fraud perpetrated against major international corporate in the Middle East.

Advising reinsurers on coverage for D&O claim following the commencement of US proceedings against a director acting for one of the insured’s outside entities.

My testimonials and accolades

Brian Boahene

“He is frank and provides unbiased opinions which are vindicated by the courts.”

- The Legal 500

Brian Boahene

“He knows the nuances of dealing with Arabic courts.”

- Chambers Global

Brian Boahene

“'Very good service' and 'strong practitioner on the insurance side'.”

- Chambers Global

My recent publications

News / Coronavirus advice: Insurance

05-03-2020 / Insurance

Whilst many remain sceptical about how promptly COVID-19 was first reported, the World Health Organisation says that the reporting at the end of December 2019 allowed many countries to take early steps to prepare for further cases of COVID-19 and to minimise its spread. Notwithstanding the position taken by the World Health Organisation and the initial containment within China, the speed at which COVID-19 has spread, now to over 70 other countries and at a rate faster than the more deadly MERS-CoV virus, has suprised many. The rate of spread has led to significant disruption to commerce and supply chains and this will necessarily impact retail and commercial insurances. We touch on some of the commercial lines of insurance likely to be affected in this note.

Coronavirus advice: Insurance

News / Iran sanctions update - June 2019

14-06-2019 / Commodities & Trade, Insurance

Iran sanctions - Escalating tensions

Iran sanctions update - June 2019

News / Shipping Brief delivered to experts in Dubai

08-05-2019 / Maritime

On Wednesday 1st May, we delivered our first Shipping Brief of the year in Dubai to experts in the Maritime industry at the Four Seasons Hotel in DIFC.

Shipping Brief delivered to experts in Dubai

News / Dubai Cassation Court upholds insurers' coverage defence to marine claim

08-01-2019 / Insurance, Maritime

In a recent judgment, the Dubai Court of Cassation upheld multiple defences raised by insurers against coverage of a cargo claim following partial loss to a cargo of direct reduced iron.

Dubai Cassation Court upholds insurers' coverage defence to marine claim

News / Dubai Cassation Court upholds insurers’ coverage defence to marine claim

08-01-2019 / Insurance, Maritime

In a recent judgment, the Dubai Court of Cassation upheld multiple defences raised by insurers against coverage of a cargo claim following partial loss to a cargo of direct reduced iron.

Dubai Cassation Court upholds insurers’ coverage defence to marine claim

News / The Dubai Court considers the nature of the indemnity under a construction insurance contract

19-12-2018 / Insurance

In a recent judgment the UAE local court considered the nature of the indemnity under a Builder’s All Risks policy, namely whether the property under construction was insured on an agreed value basis.

The Dubai Court considers the nature of the indemnity under a construction insurance contract

News / Qatar Shipping Briefing

09-10-2018 / Maritime

On Monday 8 October members of our Ince Co Dubai office travelled to Qatar to host our Shipping Briefing at the Shangri-La Hotel Doha The seminar covered various topics relating to marine and insurance industries

Qatar Shipping Briefing

News / Dubai World Tribunal (“DWT”) rules on establishment of a limitation fund in the UAE

16-07-2018 / Maritime

(1) Alize 1996, (2) CMA CGM SA v (1) DP World UAE Region FZE, (2) DP World Limited, (3) All other persons claiming or being entitled to claim damages for the incident, DWT-0001-2017 In a landmark judgment, the DWT (a special tribunal established by Decree (57) of 2009 (“Decree 57”) to deal with insolvency proceedings relating to Dubai World and its subsidiaries), confirmed its jurisdiction over maritime disputes by or against Dubai World entities and acknowledged that a ship owner is entitled to establish a limitation fund under the Convention on Limitation of Liability for Maritime Claims 1976 (the “Convention”) by way of a P&I Club letter of undertaking (“LOU”). The matter was determined in accordance with UAE law.

Dubai World Tribunal (“DWT”) rules on establishment of a limitation fund in the UAE

News / Joint insurance policy clauses in the offshore sector

28-06-2018 / Energy & Infrastructure, Insurance

Contractual clauses requiring parties to obtain joint insurance policies, and the effect those clauses can have on a party's right to bring a claim against their joint assured, have received close scrutiny recently The issue was comprehensively considered by the Supreme Court in its obiter judgment in Gard Marine and Energy Limited v China National Chartering Company Limited and others (Ocean Victory) 2017 UKSC 35, on which we have previously commented More recently, both the English and Scottish courts have dealt with the issue in judgments that are considered here

Joint insurance policy clauses in the offshore sector

News / Court of Appeal rules on package limitation for containerised cargoes where no bill of lading issued

12-06-2018 / Maritime

Kyokuyo Co Ltd v. A.P. Møller-Maersk A/S (Maersk Tangier) [2018] EWCA Civ 778 The Court of Appeal has upheld the Commercial Court ruling in a significant decision that considered package limitation under the Hague and Hague-Visby Rules. The judgment clarifies, for the first time under English law, that “unit” is an individual piece of cargo as opposed to a container. It further confirms that the Hague-Visby Rules may apply even in circumstances where sea waybills are used instead of bills of lading. The decision is important because of its implications for the limitation of liability for carriers.

Court of Appeal rules on package limitation for containerised cargoes where no bill of lading issued

News / Dubai World Tribunal (“DWT”) rules on limitation funds, the scope of its jurisdiction and forum non conveniens

04-06-2018 / Maritime

(1) Alize 1996, (2) CMA CGM SA v (1) DP World UAE Region FZE, (2) DP World Limited, (3) All other persons claiming or being entitled to claim damages for the incident, DWT-0001-2017 In a landmark judgment, the DWT (a special tribunal established by Decree (57) of 2009 (“Decree 57”) to deal with insolvency proceedings relating to Dubai World and its subsidiaries), confirmed its jurisdiction over maritime disputes by or against Dubai World entities and acknowledged that a ship owner is entitled to establish a limitation fund under the Convention on Limitation of Liability for Maritime Claims 1976 (the “Convention”) by way of a P&I Club letter of undertaking (“LOU”). The matter was determined in accordance with UAE law.

Dubai World Tribunal (“DWT”) rules on limitation funds, the scope of its jurisdiction and forum non conveniens

News / Snap back of the US sanctions against Iran: impact on businesses in the Middle East

29-05-2018 / Commodities & Trade

On 8 May 2018 the President of the United States announced his decision to re-impose nuclear-related sanctions against Iran. By way of reminder, the US and the EU sanctions programme against Iran were lifted by the Joint Comprehensive Plan of Action (JCPOA) on its Implementation Date of 16 January 2016. Following the US President’s announcement, the EU participants confirmed their commitment to the JCPOA and have since indicated that they would rely on the “blocking statute” to minimize the impact of the US sanctions on EU companies.

Snap back of the US sanctions against Iran: impact on businesses in the Middle East

News / Naming names and an email trap for the unwary

03-05-2018 / Insurance

Hot on the heels of the English Technology and Construction Court's judgment in Haberdashers' Aske Federation Trust v Lakehouse Contractsnbspis a Scottish First Division judgment,nbspSSE Generation Ltd v Hochtief Solutions AG, which also considers the effect of joint names insurance in a construction contract and the extent to which this is sufficient to displace contractual liability between the parties The Inner House decision makes clear, as a matter of Scottish law, that whilst joint names insurance will normally displace contractual liability between the parties, the scope of the insuring obligation must be considered carefully

Naming names and an email trap for the unwary

News / When is a sub-contractor entitled to cover under a project insurance policy

11-04-2018 / Insurance

Insurance has a key role in facilitating projects and their funding the comprehensive insurance and reinsurance programmes put in place form a vital part of the lenders' security However, the complexities of the contractual arrangements and the multi-faceted relationships involved can cause problems, as illustrated by the recent Technology and Construction Court decision in Haberdashers' Aske Federation Trust v Lakehouse Contracts

When is a sub-contractor entitled to cover under a project insurance policy

News / Knowing when it’s time to say goodbye: Notices of Abandonment

23-03-2018 / Maritime

Sveriges Angfartygs Assurans Forening (The Swedish Club) v. Connect Shipping Inc (MV Renos) [2018] EWCA Civ 230 The Court of Appeal has recently upheld a first instance decision in a case that required the Court to consider the following issues: (i) at what point an insured is held to have received “reliable information” of a constructive total loss (“CTL”); (ii) how soon after having received “reliable information” the insured is required to give Notice of Abandonment to their insurers; and (iii) whether expenses incurred by the insured prior to the Notice of Abandonment (“NOA”) and SCOPIC fees paid to salvors count towards the CTL calculation.

Knowing when it’s time to say goodbye: Notices of Abandonment

News / Comparison of the position under the UAE Commercial Companies Law and the DIFC regime

05-06-2017 /

This article compares the general principles that apply to directors' duties and liabilities in the UAE onshore with those applying in the Dubai International Financial Centre (DIFC) The comparison will be of interest to businesses that have both DIFC and onshore companies in their group structure as it gives an insight into the differences and the similarities between the two regimes

Comparison of the position under the UAE Commercial Companies Law and the DIFC regime

News / Non-disclosure and misrepresentation relating to railway works

11-02-2016 / Insurance

The defendant insured in Brit v F&B Trenchless Solutions (F&B) was a specialist tunnelling sub-contractor. It took out employers’ liability, product liability and public liability insurance for its work of building micro-tunnels for cables underground railway tracks. The insurance was provided on the basis that the works would lead to ground settlement of between 2-4mm and that they would at no point take place underneath an active railway.

Non-disclosure and misrepresentation relating to railway works

News / Avoidance: materiality and inducement

23-11-2015 / Insurance

In a rare case concerning the avoidance of liability under a combined liability policy (Brit UW Limited & F&B Trenchless Solutions Limited), the insurer Brit was held to have validly avoided the policy on the grounds that it was induced to enter into the contract as a result of F&B’s (the insured’s) material non-disclosure and misrepresentation. The key issues were the materiality of the information not disclosed and the allowable period of time before an insurer is deemed to have affirmed the policy/waived its right to avoid.

Avoidance: materiality and inducement

News / Dubai: amendment of DIFC Arbitration Law

11-07-2014 / Energy & Infrastructure

The DIFC has taken steps to align itself with the UAE’s obligations under the New York Convention through the recent amendment of its Arbitration Law.

Dubai: amendment of DIFC Arbitration Law

News / Lloyd’s of London – plans to establish in the DIFC

16-04-2014 / Insurance

With more and more high value risks being written and reinsured with security in the MENA region, earlier this year Lloyd’s of London announced plans to establish an office in the Dubai International Financial Centre (DIFC), subject to regulatory approval. The decision by Lloyd's to explore a more permanent presence in the DIFC is an interesting one given the presence, in one form or another, of an increasing number of Lloyd’s insurers in the DIFC, with others set to follow.

Lloyd’s of London – plans to establish in the DIFC

News / Regulatory reform in the UAE

16-04-2014 / Insurance

Following initial proposals for reform in 2012 and a subsequent consultation over those proposals, the UAE Insurance Authority (the Insurance Authority) issued Resolution No 15 of 2013 in October 2013 in its final form, amending and repealing the 2006 Insurance Broking Regulations. These revised regulations (the Regulations) are now law.

Regulatory reform in the UAE