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Catherine Earnshaw

Department Maritime, Shipping dispute resolution, Commercial Disputes Qualified 2011 Education (University) University of Sheffield

Catherine Earnshaw

You, Catherine Earnshaw
& Ince, in any case

Catherine specialises in shipping dispute resolution as well as general commercial disputes. She also advises on non-contentious issues within this sector. Catherine handles disputes relating to the full range of shipping contracts, including charterparties, COAs, bills of lading, pool agreements, MOAs, shipbuilding contracts, commission agreements and bunker supply contracts, often with a multi-jurisdictional angle.

Catherine regularly acts for a broad variety of international shipowners, charterers, shipbrokers, operators and shipmanagers and their insurers in arbitration proceedings (including LMAA/ICC/LCIA and SCMA) and in the English High Court. She has also been involved in a number of matters which have progressed to the UK Supreme Court.

Catherine’s expertise extends to transactional matters, assisting clients to draft charterparty terms and related contracts, as well as reviewing MOAs, shipbuilding contracts and dealing with ship sale and purchase matters. She also assists clients with debt recovery and enforcement actions.

Catherine has also completed two secondments to an International Group P&I Club, gaining extensive experience advising members on P&I and Defence matters.

My matter highlights

  • Res Cogitans – OW Bunker ‘test case’ which went to the Supreme Court of the United Kingdom.

  • Acting for charterers in a charterparty chain LMAA arbitration where Owners presented a claim of over US$3 million in respect of damage to a vessel’s tanks following carriage of a cargo of phosphoric acid.

  • Acting for owners in relation to the termination of six long term bareboat charterparties and the resulting arbitration proceedings in London and Singapore where total claims exceeded US$100 million. This matter also involved ancillary English High Court injunction applications and other connected actions internationally.

  • Acting for owners in relation to the wrongful termination of a long term LNG time charterparty by charterers where claims for loss and damage exceeded US$50 million.

  • Various claims for owners and charterers relating to the supply of alleged off specification or unfit for purpose bunkers to vessels

My recent publications

Insights / Court declines to imply delivery and discharge terms into contract of carriage

08-09-2020 / Maritime

Sea Master Shipping Inc v. (1) Arab Bank (Switzerland) Limited and (2) Yousef Freiha & Sons SAL (Sea Master) [2020] EWHC 2030 (Comm)

Court declines to imply delivery and discharge terms into contract of carriage

Insights / The limited fiduciary duties of intermediary brokers

06-07-2020 / Maritime

In this case, negotiations for the chartering of two vessels took place via a number of brokers.

The limited fiduciary duties of intermediary brokers

Insights / Interim relief and court interference in arbitral disputes—the approach of the English and Hong Kong courts (Daelim v Bonita)

11-06-2020 / Maritime

Arbitration analysis: Catherine Earnshaw, partner, Ruaridh Guy, managing associate, and Jenny Efstathiou, senior associate, at Ince, London and Hong Kong, compare and contrast, and consider the practical implications of, two related judgments of the English and Hong Kong courts reviewing previous decisions to grant injunctions in respect of claims arising out of a charterparty and related settlement agreement.

Interim relief and court interference in arbitral disputes—the approach of the English and Hong Kong courts (Daelim v Bonita)

News / Court exhibits reluctance to interfere in arbitral process

15-04-2020 / Maritime

Daelim Corporation v. (1) Bonita Company Limited (2) Eastern Media International Corporation and (3) Far Eastern Silo & Shipping (Panama) S.A. (DL Carnation) [2020] EWHC 697 (Comm)

Court exhibits reluctance to interfere in arbitral process

News / Anti-suit injunctions: owners of the M.V. Joker have the last laugh

21-02-2020 / Maritime

Seniority Shipping Corporation S.A. v City Seed Crushing Industries Ltd (M.V. Joker) [2019] EWHC 3541 (Comm) This dispute arose out of a cargo damage claim. The Defendant receivers commenced proceedings against the owners of the M.V. Joker in Bangladesh, despite the fact that a London arbitration clause had been incorporated into the bills of lading. The Shipowners, therefore, sought an anti-suit injunction from the English Court, in order to restrain the Receivers from taking further steps to advance their claim in Bangladesh. The Court found in favour of the Claimant and awarded a final anti-suit injunction.

Anti-suit injunctions: owners of the M.V. Joker have the last laugh

News / Light cycle oil smuggling affair generates further English case law on anti-suit injunctions

05-11-2019 / Maritime

(1) Clearlake Singapore Pte Ltd & (2) Gunvor Shipping Singapore Pte Ltd v. Xiang Da Marine Pte Ltd (Chang Hang Guang Rong) [2019] EWHC 2284 (Comm)

Light cycle oil smuggling affair generates further English case law on anti-suit injunctions

News / Implied contract based on bill of lading did not incorporate exclusive jurisdiction clause

07-06-2019 / Maritime

Pan Ocean Co. Ltd v. (1) China-Base Group Co. Ltd (2) Beihai Xinan Petrochemical Co. Ltd (Grand Ace 12) [2019] EWHC 982 (Comm) In the context of the Claimants’ application for an anti-suit injunction (“ASI”) to discontinue proceedings in Singapore, the Court of Appeal found that there was no valid exclusive English jurisdiction clause in an implied contract between owners and buyers under the bill of lading and, even if there had been, the Court would not have granted the ASI as the Claimants had made their application too late.

Implied contract based on bill of lading did not incorporate exclusive jurisdiction clause

News / Court of Appeal finds carrier could rely on fire defence

04-04-2019 / Maritime

(1) Glencore Energy UK Ltd and (2) Glencore Ltd v. Freeport Holdings Ltd (Lady M) [2019] EWCA Civ 388

Court of Appeal finds carrier could rely on fire defence

News / Shipping E-Brief July 2016

08-07-2016 / Maritime

The Shipping E-Brief is a quarterly publication providing you with key information on legal decisions and developments in shipping and related business areas.

Shipping E-Brief July 2016

News / General Average dealing with the costs of a hijacking

18-12-2014 / Maritime

Mitsui & Co Ltd & others v. Beteiligungsgesellschaft LPG Tankerflotte MBH & Co KG (Longchamp) [2014] EWHC 3445 The recent judgment in the Longchamp has overturned accepted industry thinking in how bunkers and crew wages are dealt with in a hijacking. Not only has it wrong-footed lawyers, but it flies in the face of the written and considered views of the Advisory Committee of the Association of Average Adjustors and opens up interesting questions on other heads of claim not considered in the judgment.

General Average  dealing with the costs of a hijacking

News / Towing the line – competing jurisdiction clauses

22-07-2014 / Maritime

Med Marine v. Castillo Schiffahrts GMBH & Co & Anr (Conti Cartagena) [2014] EWHC 1064 (Comm) In a recent judgment, the Commercial Court has dismissed a challenge to the jurisdiction of the English Court by two defendants, who alleged that the proper jurisdiction for a dispute under an agreement which incorporated the UK Standard Conditions for Towage and other Services (Revised 1986) (the “UK Towage Conditions”) was the Istanbul Court. Mr Stephen Hofmeyr QC, sitting as a Deputy Judge, concluded that the reference to the Istanbul Court was simply a carve out to the otherwise exclusive jurisdiction of the English Court, allowing the Claimant the option to sue in Turkey for unpaid fees only.

Towing the line – competing jurisdiction clauses