David Clark Email & Phone Number

Suite 505, Coppergate House, 16 Brune Street, London E1 7Nj

http://www.pequodassociates.com

Summary of role:- Specialist in shipping and commodity disputes and the drafting of charterparty and sale contract terms.

Drafting work:-

• Revised trader’s bunker sale terms;
• Drafted trader's term sale contract incorporating the BP GTC's;
• Drafted tanker pool's additional terms for BP BOY 4 and prepared counters to Clearlake, Trafigura and ST Shipping;
• Drafted trader's additional chartering terms on the Asbatankvoy form;
• Drafted trader's additional chartering terms on BPVOY4 and negotiated amendments with shipowners.

Recent cases of interest:-

• L v GT (2013):
LMAA hearing relating to damage to bagged sugar. Case involved issues of seaworthiness, due diligence, quantum and title to sue. Award in claimants favor for US$ 3.2 million plus interest;

• A v T (2013): GAFTA hearing. Instructed by Sellers who had terminated three sale contracts on the basis that operative letters of credit had not been set up within the sale contract deadline. The Claimants sought US$6.5 million but the claim was reduced to US$ 3 million;

• *****(2013): highly confidential civil fraud action and action for breach of contract. Instructed by Buyers under oil product sale contract. Assisted client to prevent their bank from making payment for the product under a letter of credit and then in making a multi million dollar recovery from Sellers for their breach of contract.

• C v O (2013): LMAA arbitration involving unpaid demurrage under and Asbatankvoy charter. Instructed by Claimant Owners in regard to demurrage dispute involving allegations of time bar, product heating obligations and breach of pumping warranty. Received an award for the full amount claimed.

• A v B (2013): LMAA arbitration involving alleged damage to a vessel by the charterer’s stevedores. Claimants sought US$ 300,000. Instructed by Respondent charterers and successfully persuaded Claimants to terminate their claim and to pay our clients recoverable costs.

In house shipping legal counselSummary of role:- Shipping legal team in London with responsibility for handling shipping legal issues worldwide as well as assisting the London demurrage/claims team. Charterparty/contracts/terms drafting:-o Moving Vitol from Asbtankvoy form to BPVOY4 and drafting their additional terms ; o Negotiating specific amendments to these additional terms with shipowners including Jacob Scorpio, Navig8, Minerva, Norient, Finaval, BP, Brostrom, UPT, Heidmar, Handytankers, Tankerpacific, Eletson, Eitzen, Novoship, ST Shipping, Eastern Med, Stolt, Scorpio, OSG, Fratelli D’Amico, Odfjell;o Revising Vitol additional tanker time chartering clauses eg oil major approvals clause and providing a standard form charter recap;o Providing the coal and sugar chartering teams with standard form recaps, additional chartering terms and a dry bulk questionnaire;o Negotiating spot and time charter terms with owners;o Drafting bunkering general terms and conditions; Performance within Demurrage/claims teamo Year on years increases in agreed reductions in incoming claims. In 2007, 48 claims finalized with agreed reductions totalling $611,575; 2008 the agreed reductions increased to $1.5 mill in 51 claims; 2009, $3.1million in 155 claims and in 2010 to date, in 8 claims agreed reductions of $1.9mill;o In same period on recovery claims, recovered $320k in 2 claims in 2007; $2.8million in 10 claims in 2008 ; $1.4million in 6 claims in 2009 and to date, 2010, $217k in one claim;o majority of the disputes resolved without external legal assistance; Other aspects to roleo Helping operators worldwide with operational problems;o Dealing with cargo contaminations involving liasing with cargo insurers and experts, o Identifying areas where Vitol’s claims exposure can be reduced such as exposure for additional war risk premiums;o Providing training seminars on shipping related issues and demurrage.

Senior Claims ExecutiveSummary of role:- Responsible for providing members/clients with a cost efficient P&I and defence claims handling service which tried to match the needs of the member/client with Thomas Miller’s internal procedures. This role involved:- o Managing day to day P&I and Defence claims without significant levels of supervision and communicating effectively with all interested parties;o Investigating, analysing, assessing, negotiating and settling claims within operational guidelines;o If claims required external expertise, identifying the required expert, instructing and supervising them in order to try to achieve a mutually agreed goal;o Developing productive relationships with Members/clients via effective service orientated claims handling and account management;o As part an account management role, travelling extensively to meet members/clients and providing them with in house training seminars where required;o Area responsibility for the Indian sub-continent, Romania and Ukraine which encompassed monitoring the relationship between the club and it’s service providers in those areas as well as identifying potential new members/clients in those regions and developing a marketing strategy focused on them;o Developing team relationships both internally and externally and providing support for colleagues particularly during their absence; o Participating in the out of hours duty rota; o Networking within the Thomas Miller environment to share relevant information;o Networking within the shipping and insurance market;o Preparation of Agenda notes for submission to the Club’s Board of Directors.

London, United Kingdom

o Assisting two shipping partners with various shipping litigation and arbitration cases that they were running on behalf of P&I, FD&D and cargo insurance clients;o Reporting to partners and clients;o Marketing the company to P&I Clubs and clients.

London

o 12 months in dry shipping, 6 months in shipping personal injury and 6 months in the property department.

Cpe And Law School Finals

Bsc Econ, Economic History

Education record