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Chris Kidd

Head of Shipbuilding and Offshore Construction, Joint Head of Energy & Infrastructure, Partner London T +44 (0) 20 7481 0010
chriskidd@incegd.com

Department Maritime, Energy & infrastructure, Yachts and superyachts Qualified England & Wales 1986, Hong Kong 1995 Education (University) Cambridge University

Chris Kidd

You, Chris Kidd
& Ince, in any case

Chris is dual-qualified in England and Hong Kong and leads the firm’s shipbuilding and offshore construction team. He specialises in advising shipyards, buyers, owners, offshore wind farm contractors and developers on shipping and other offshore matters. Between 1995 and 2001 he practised in the firm's Hong Kong office, during which time he was the Secretary of the Hong Kong Maritime Law Association. Chris has strong industry links in Hong Kong, China, and Korea. He is a Member of the Council of the LSLC.

Chris frequently advises buyers and shipyards in relation to building, conversion and repair contracts, as well as dispute resolution, for conventional and specialist offshore vessels, and floating platforms. He assisted BIMCO to develop NEWBUILDCON, a standard form newbuilding contract.

He also advises on yacht and superyacht construction contracts, including contract drafting and negotiation, as well as dispute resolution.

Chris has specialist experience in jurisdictional issues, mediation and major London arbitrations and litigation, particularly for claims arising from shipbuilding, conversion and repair contracts. His experience includes LMAA, ICC and LCIA arbitrations, as well as cases in the Commercial Court, Hong Kong Courts and liaising with lawyers conducting litigation in other jurisdictions.

He also advises on the drafting and negotiation of contracts, as well as dispute resolution, in the renewables sector, including offshore wind farm installation contracts, charterparties and contracts for the construction of wind farm installation vessels. Chris assisted BIMCO to develop WINDTIME and SUPPYTIME 2017.

Legal Directory Quotes

CHRIS KIDD "HAS VAST EXPERIENCE IN SHIPBUILDING MATTERS"  

LEGAL 500 

"A REAL ASSET” 
LEGAL 500 

"UNDERSTANDS CLIENT NEEDS AND ALWAYS GIVES FIRST-CLASS ADVICE."

LEGAL 500

Matter highlights

  • Acting for a New York Stock Exchange-listed company focused on deepwater oil drilling, in a highly contentious case concerning the construction of a drilling unit designed to drill for oil in deep water. Our client rescinded the construction contract due to the failure of the shipyard delivering the vessel on time.  Following substantial delays, we brought a claim for a US$200 million refund, which, together with other claims for damages, make an overall total claim in excess of US$350 million.

  • Acting on behalf of our client, a construction and fabrication group for the oil and gas industry in a major construction dispute relating to topside modules for the Cygnus gas field for the amount of GBP 26 million.

  • A provider of oilfield services, retained our energy team in relation to the termination of a contract with a company that was constructing a deepwater multi-purpose offshore energy unit over performance issues in respect of the construction of an offshore energy vessel. The matter attracted a lot of press coverage, as the development is worth almost US$1 billion.

  • Acting for contractors in over half of UK’s offshore wind farm projects involving contracts based on FIDIC forms.

  • Acting for major Korean shipyard in connection with the London arbitration arising out of a large offshore deepwater oil fields claims for construction defects and the near total loss of the world’s largest production and drilling quarters.

  • Acting for a major Korean shipyard in connection with the London arbitration arising out of a  deepwater drilling contractors claims for liquidated damages following the delays in delivery of two semi-submersible drilling rigs.

  • Providing advice to a ship service company in relation to two new build contracts with one of the world's largest shipyards  for the construction of two LNG carriers, each with a value of US$187million. We advised our client on the drafting, negotiation and completion of the contracts.

My recent publications

News / No extensions of time for delivery in shipbuilding contracts for buyer-induced delay

07-05-2020 / Maritime

Jiangsu Guoxin Corporation Ltd (formerly known as Sainty Marine Corporation Ltd) v. Precious Shipping Public Co. Ltd [2020] EWHC 1030 (Comm) This recent judgment reinforces some important points concerning the prevention principle, notice requirements for time extensions, and the effect of design modifications and non-payment of instalments under an amended SAJ form. The Court found, on an appeal from an arbitration award, that neither the prevention principle applied nor would the yard be entitled to extensions of time for buyer-induced delays where it had failed to serve appropriate notices or exercise other relevant contractual provisions.

No extensions of time for delivery in shipbuilding contracts for buyer-induced delay

News / We demand that you see to this guarantee right away

08-04-2020 / Maritime

Shanghai Shipyard Co Ltd v. Reignwood International Investment (Group) Company Limited [2020] EWHC 803 (Comm) The Commercial Court has recently given an important decision that highlights how the different types of guarantee provided under shipbuilding contracts can have important consequences as to how quickly a demand has to be paid.

We demand that you see to this guarantee right away

Insights / Economic duress or commercial leverage? The Court of Appeal clarifies the scope of “lawful act duress”

25-03-2020 / Energy & Infrastructure

It is a well-established principle of English law that a contract resulting from a threat of an unlawful act or omission may be avoided at the option of the aggrieved party. The Court of Appeal’s decision in Times Travel (UK) Ltd v Pakistan International Airlines Corporation (Rev 2) [2019] EWCA Civ 828 provides a long-awaited clarification on whether a contract may be avoided if it is entered into following pressure involving a threat to do something lawful i.e. “lawful act duress”.

Economic duress or commercial leverage? The Court of Appeal clarifies the scope of “lawful act duress”

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 / Direct payments to sub-contractors and the routes to recovery

08-10-2019 / Energy & Infrastructure

In Nobiskrug GmbH v Valla Yachts Limited [2019] EWHC 1219 (Comm), the Commercial Court considered the attempt of an owner to recover payments that it had made directly to a third party supplier (that had contracted with the yard) during the construction of a superyacht. The Commercial Court stressed the importance of establishing that the sums claimed by the third party suppliers were a result of a breach of Nobiskrug’s obligations and remitted the case back to the arbitration tribunal for further consideration.

Direct payments to sub-contractors and the routes to recovery