Daniel Bovensiepen

Since joining Chambers in 2007 Daniel's practice has covered a wide range of international commercial work, both in court and arbitration. He has appeared regularly in the High Court and county courts on applications and trials, and as counsel in mediation. He has provided expert opinions to a foreign court, and lectures on topics connected to his practice. He is co-editor of MacGillivray on Insurance Law.

Daniel is presently instructed in a number of commercial disputes, including claims in excess of US$50 million arising following the alleged repudiation of a long term charterparty and performance guarantee, with a claim in the alternative for breach of warranty of authority (led by Timothy Young QC).

Specialisations:

General Commercial

Daniel's practice covers a broad range of commercial work, mostly with international elements.

Shipping

Daniel has undertaken a wide variety of advisory work and pleadings in dry and wet shipping matters, including disputes under charterparties (bareboat, time, voyage and trip charters) and COAs; cargo claims under bills of lading (including multimodal transport bills); and ship sale and shipbuilding contracts. He is familiar with, for instance, disputes concerning the Hague and Hague Visby Rules, laytime and demurrage, detention, seaworthiness, letters of indemnity, deadfreight, off hire, speed and consumption, contaminated bunkers, the NYPE Interclub Agreement, early/ late redelivery, redelivery notices, general average, dangerous cargo, safe port warranties and "Rightship" approval.

Commodities

Daniel has a growing commodities practice, both led and in his own right, which includes experience of specialist trade arbitral bodies.

Derivatives

Daniel has recent experience of freight forward derivative contract cases on the ISDA 1992 form.

International Arbitration

A large proportion of Daniel's work is in arbitration under a wide variety of different arbitral rules (LMAA, LCIA, ICC and FOSFA to date).

Private International Law

Daniel frequently encounters jurisdictional and proper law issues in the course of his practice, including cases concerning anti-suit injunctions and related declaratory relief.

Public International Law

Daniel has a keen interest in Public International Law. He is familiar, for instance, with Bilateral Investment Treaty and WTO disputes, subjects in which he specialised whilst a LLM student at Cambridge University under the tutelage of Professor James Crawford SC, FBA, Daniel Bethlehem QC (currently Legal Advisor to the Foreign and Commonwealth Office), Lord Mustill and Jan Paulsson. He has also completed the Public International Law course at the Hague Academy of International Law, and has previously assisted Sir Michael Wood, a former Legal Advisor to the Foreign and Commonwealth Office.

Banking and Finance

Daniel is developing a promising banking practice. He was recently led by David Owen QC in a LCIA arbitration concerning the close out valuation of a portfolio of CDO and CLO securities under a Global Master Repurchase Agreement.

Insurance and Reinsurance

Daniel has a keen interest in insurance work and is co-editor of MacGillivray on Insurance Law.

Principal Cases:

General Commercial

Classic Fine Foods (Taiwan) Limited v Johnny Kang - High Court - claims arising out of alleged breach of a shareholders' agreement relating to companies in the Far East - whether shareholders' agreement binding - whether Defendant estopped from asserting or waived right to assert shareholders' agreement not binding - whether restrictive covenants breached - whether and to what extent restrictive covenants enforceable - whether loss caused by breach - impact of public policy/ illegality upon damages claim

Noble Resources SA v Rosintrans Forwarding Agency Ltd - claim in English High Court for breach of contract/ duty/ bailment/ conversion of goods against freight forwarding company in Russia - English court granting permission to serve out of jurisdiction but proceedings yet to be served - parallel proceedings commenced in Russia - Daniel provided two expert opinions requested by State Arbitrazh Court of Kaluzhskaya Oblast on remedies available under English law, and the procedural status of the English proceedings, focusing on whether the English court had assumed jurisdiction of the matter

Advising in respect of jurisdiction and proper law in connection with a claim for breach of warranty of authority in relation to the alleged conclusion of certain freight forward derivative contracts.

Advising in respect of a possible variation to a freezing injunction and potential misrepresentation (led by Sean Snook).

LCIA Arbitration - Assisted Dr Julian Lew QC as arbitrator in a LCIA arbitration concerning claims in excess of £100 million by a private corporation against a State arising from national legislation affecting the operation of an international airport

Cast Iron Company Ltd v Mandarin Oriental - county court - commercial debts - Late Payment of Commercial Debts (Interest) Act 1998

Hassen v Ilford Preparatory School - county court - non-refundable admission fee - whether a deposit - whether a penalty

Charterparty, COA and Bill of Lading Disputes

Advising (led by Duncan Matthews QC) in a case concerning whether head owners are obliged and entitled to exercise a lien over sub-freights at the request of sub-charterers or charterers.

Arbitration - led by Philip Edey QC - Richard's Bay Coal Charter - whether fixture concluded - whether charter repudiated/ renounced - whether claimants' estopped - how time charter equivalent to be calculated

The Saga Merchant - High Court - successful application to set aside judgment in default followed by successful mediation - damaged cargo claim under bill of lading - whether claim time barred under Hague Rules Article III r 6 - meaning of "delivery" in Article III r 6 - whether distinction between delivery and discharge

Beaver Navigation SA v Capital Oil and Gas Industries Ltd - High Court - time charter on Shelltime 4 form - date of redelivery - what actions sufficient to constitute redelivery - whether charter contained an exclusive jurisdiction clause - whether Nigerian proceedings in breach of jurisdiction clause

Arbitration - led by Philip Edey QC - time charter on Shelltime 4 form - construction of clauses regarding provision of a letter of indemnity when discharge without presentation of bills of lading - whether owners entitled to insist upon an acceptable signatory - limits upon the exercise of contractual discretion

Polskie Ratownictwo Okretowe v Rallo Vito & C. SNC - High Court - application for declaration court had no jurisdiction and to set aside service of claim form - whether contract concluded on towhire form - broker authority - jurisdiction clauses - whether agreement conferring jurisdiction within Article 23 of Judgments Regulation

The Celtic Pride - High Court - contract of affreightment - damaged cargo claim - seaworthiness - exercise of due diligence

Pittman Seafoods NV v AP Moller-Maersk AS - High Court - multimodal transport seaway bill - reefer container not maintained at correct temperature - damage to cargo

The Siskin Arrow - High Court - bill of lading - damaged cargo claim

Arbitration - time charter on NYPE form - late redelivery notice and breach of cargo exclusions - correct basis for calculating damages

Arbitration - voyage charter - claim for port expenses - time bar - analogy with demurrage time bar

Arbitration - series of arbitrations - voyage charters - strike at port - whether exception to running of laytime

Arbitration - led by David Lewis - time charter on NYPE form - Hague Rules Article IV r 6 - dangerous cargo - inherent vice - early redelivery - failure to properly load, stow, trim and discharge cargo - failure to give orders - claim for indemnity

Arbitration - led by David Lewis - deadfreight - implied terms - loading restrictions

Arbitration - whether entitlement to exercise a lien over sub-sub freights

Arbitration - Bareboat charter on Barecon 89 form -whether latent defects at time of delivery

Arbitration - alleged contamination of bunkers - whether vessel off hire

Arbitration - time charter on NYPE form - claim for lost fixture following Owners' refusal to follow orders - whether voyage orders unlawful because voyage to a prospectively unsafe port/ in breach of ice clauses

Ship Sale and Shipbuilding

Arbitration - led by Philip Edey QC - claim of around US$25 million for repudiation of MOA on Norwegian Saleform 1993 following failure to pay purchase price - whether contract frustrated or buyers entitled to rely on force majeure clause as a result of the impact of the global financial crisis on ship finance

Arbitration - claim of around US$25 million for repudiation of MOA on Nipponsale 1993 form - failure to sign MOA and pay deposit

Advising operators of a cruise ship in respect of purchase of vessel under purchase option in long term charter - meaning of "as is/ where is" - Norwegian Saleform 1993 - potential claims under charter and/or sale contract

Arbitration - US$10 million claim for recovery of first instalment under shipbuilding contract - whether first instalment paid in accordance with contract - whether contract terminated

Admiralty

MV Natalex - Admiralty claim - breach of covenants in marine mortgage - claim for outstanding balance of mortgage - application for sale of vessel by Admiralty Marshal

Road Transport

Beiersdorf UK Ltd v Pauline Edwards Transport Ltd - High Court - road transport - theft of goods - sub-bailment on terms - incorporation of Road Haulage Association (RHA) Conditions of Carriage - limitation of liability under RHA Conditions

Weston Transport Co (a firm) v Middlegate Europe Ltd - county court - claim for damage to tractor unit after trailer overturned - alleged trailer loaded negligently in Belgium - whether CMR Convention applicable - Civil Liability (Contribution) Act 1978

Commodities

Common Market Fertilisers SA v Kisan International Trading FZE - led by Charles Kimmins - claims under contract for sale of prilled urea of about US$16 million - failure to open letter of credit - whether repudiation/ renunciation of contract - whether available market

Arbitration - led by Charles Kimmins - claim for sums due under spot sale of LPG by state entity - ascertainment of true terms negotiated - whether contract varied - actual/ ostensible authority - claim for rectification

FOSFA Arbitrations - led by Philip Edey QC - series of arbitrations under FOSFA Rules arising out of sale of Brazilian Soya beans (claims in region of US$25 million) - whether repudiation/ renunciation of contracts

ICC Arbitrations - led by David Lewis - series of arbitrations (total claims approx. US$6 million) - contracts for sale of coal - whether contracts repudiated - whether dispute settled

Arbitration - ex-ship contract for sale of coal afloat- correct date for calculation of damages - whether and when contract terminated at common law

Derivatives

Pioneer Freight Futures Co Ltd v Flame SA - freight forward derivative contracts - FFABA Rules 2005 and 2007 - ISDA 1992 - whether on true construction of contract termination at common law precluded - whether sums payable on termination - "automatic early termination"

Pioneer Freight Futures Co Ltd v Crownland International Co Ltd - freight forward derivative contracts - FFABA Rules 2005 and 2007 - ISDA 1992 - whether sums payable on termination - "automatic early termination"

Pioneer Freight Futures Co Ltd v Transfield Shipping Inc - freight forward derivative contracts - FFABA Rules 2005 and 2007 - ISDA 1992 - whether sums payable on termination - "automatic early termination"

Pioneer Freight Futures Co Ltd v Hamburg Bulk Carriers GmbH & Co KG - freight forward derivative contracts - FFABA Rules 2007 - ISDA 1992 - whether sums payable on termination - Event of Default - whether written admission of inability to pay debts - whether Event of Default continuing - "automatic early termination" - alleged misrepresentation prior to entry into FFAs - s 2(2) of the Misrepresentation Act 1967 - scope of rescission

Pioneer Freight Futures Co Ltd v Farenco Shipping Co Ltd - freight forward derivative contracts - FFABA Rules 2005 and 2007 - ISDA 1992 - whether sums payable on termination - "automatic early termination" - payment of interest - set off

Banking and Finance

LCIA Arbitration - led by David Owen QC - valuation of CDO and CLO securities - construction of close out provisions of Global Master Repurchase Agreement.

Private International Law

Fuerst Day Lawson Ltd v Nature Food Import Warenhandelsges mbH - High Court - successful application for interim anti-suit injunction - arbitration proceedings in Germany in breach of a London arbitration clause - "battle of forms" - which party's standard terms incorporated - whether English law applicable law to determine the issue - whether within "arbitration exception" in Judgments Regulation - Service Regulation

Noble Resources SA v Rosintrans Forwarding Agency Ltd - claim in English High Court for breach of contract/ duty/ bailment/ conversion of goods against freight forwarding company in Russia - English court granting permission to serve out of jurisdiction but proceedings yet to be served - parallel proceedings commenced in Russia - Daniel provided two expert opinions requested by State Arbitrazh Court of Kaluzhskaya Oblast on remedies available under English law, and the procedural status of the English proceedings, focusing on whether the English court had assumed jurisdiction of the matter

Polskie Ratownictwo Okretowe v Rallo Vito & C. SNC - High Court - application for declaration court had no jurisdiction and to set aside service of claim form - whether contract concluded on towhire form - broker authority - jurisdiction clause - whether agreement conferring jurisdiction within Article 23 of Jurisdiction Regulation

Beaver Navigation SA v Capital Oil and Gas Industries Ltd - High Court - time charter on Shelltime 4 form - whether charter contained an exclusive jurisdiction clause - whether Nigerian proceedings in breach of jurisdiction clause

Public International Law

Aziz v Aziz [2007] EWCA Civ 712 - assisted Sir Michael Wood acting as Advocate to the Court of Appeal - application by the Sultan of Brunei to prevent his name being published in certain judgments - concerned the Sultan's status as a Head of State - State Immunity Act 1978

EU/Public Law

Headshore Holdings Ltd v HMRC; Warefine Solutions Ltd v HMRC; Rigcharm Ltd v HMRC - led by Clare Ambrose - three multi million pound appeals before the First Tier Tax Tribunal (formerly VAT and Duties Tribunal) concerning alleged Missing Trader Intra Community VAT fraud

Education and Career:

St John's College, Cambridge University (BA, Law, First Class; LLM, Public International Law, First Class).

During his time at St John's College Daniel was twice elected to a Whytehead Scholarship, and won the Malcolm Prize, the St John's College Prize and the A J Iacovides Prize.

In 2005 he was a member of the Cambridge University Team that competed in the World Finals of the Manfred Lachs Space Law Moot Court Competition in Fukuoka, Japan, and was a student on the Public International Law course at the Hague Academy of International Law.

During 2005 - 2006 Daniel worked as a Research Assistant at the Law Commission of England and Wales.

During November 2007, Daniel worked in the Hong Kong office of a leading City law firm, handling a variety of shipping, insurance and sale of goods cases.

Between January and March 2008 Daniel worked as a Judicial Assistant in the Court of Appeal, Civil Division, assigned to Lord Justice Dyson (who has since been appointed a Justice of the Supreme Court). Daniel was responsible for drafting memoranda on a wide variety of cases, and sat in on the judges' prehearing conferences where their Lordships exchange provisional views and discuss the skeleton arguments.

Publications:

Co-editor of MacGillivray on Insurance Law.

Appointments and Society Memberships:

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