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Daniel Bovensiepen

BA, LLM (Cantab)

Daniel’s practice covers a wide range of international commercial work, with a particular emphasis on shipping, commodities, energy and natural resources, and related international disputes. He is recommended in the Legal 500 and in Chambers & Partners in the fields of Shipping and Commodities. He received the award for “Shipping Junior of the Year” at the Chambers UK Bar Awards in 2016. He appears both in court and before a wide variety of arbitral bodies, and acts as counsel in mediations (having undertaken the SCMA Mediation Advocacy Course). In addition, Daniel is registered as a Public Access practitioner qualified to accept direct instructions from corporations and in house legal departments. Daniel is happy to assist at any and all stages of litigation, providing advisory and drafting services, strategic input, and required support, in addition to deploying his skills as an advocate.  He integrates well into any team and particularly enjoys this aspect of his work. He has provided expert opinions to foreign courts in Russia and China, and lectures on topics connected to his practice. He is a former co-editor of MacGillivray on Insurance Law.

Recent cases include The Maersk Tangier [2017] EWHC 654 (Comm), a key authority in respect of the compulsory applicability of the Hague-Visby Rules where seaway bills are issued, and also in respect of the package or unit limitation in the context of containerisation under both the Hague and Hague-Visby Rules; and The Global Santosh [2016] UKSC 20; [2016] 1 WLR 1853, a Supreme Court case raising important points on the NYPE form and agency in the context of delegated or vicarious performance of contractual rights and obligations.

Other examples of Daniel’s recent work include a number of high value confidential court and arbitral proceedings, including disputes in respect of defective and delayed construction of two newbuild container ships with contractual values of about US$175 million; acting in a complex web of claims exceeding US$12 million submitted to arbitration arising out of a new ferry service; an arbitration in respect of a multi shipment contract for the sale of iron ore fines; and a high value Commercial Court claim arising out of a long term international sale contract. Daniel also has significant experience in interim applications, including injunctions under the Arbitration Act 1996, obtaining interpleader relief, and in connection with freezing injunctions.

Specialisations: 

General Commercial

Daniel's practice covers a broad range of international commercial work. In addition to specialist work in the fields of energy and natural resources, shipping, commodities, insurance, and banking and finance, his work has encompassed fraud, misrepresentation, substantial shareholder and joint venture disputes, exclusive distribution agreements, breach of confidence, professional negligence, and claims under commercial loans and guarantees in a variety of contexts.

Daniel regularly acts and advises in connection with interim applications, including in respect of freezing injunctions and interim injunctions in support of arbitrations, and interpleader relief and the appointment of court receivers. Daniel also frequently encounters jurisdictional and proper law issues in the course of his practice, including cases concerning anti-suit injunctions and related declaratory relief and damages claims.

Examples of Daniel's work include:

  • Acting for the Claimant, led by Duncan Matthews QC, in respect of complex claims totalling in excess of US$12 million arising out of alleged breaches of a charterparty and related contracts, and negligent misstatement, against one of the world’s largest shipping companies, and its chairman personally, in connection with a new ferry service. 
  • A LCIA arbitration concerning a claim in excess of US$23 million arising out of termination of a joint venture agreement and alleged loans, involving allegations of fraud.
  • Claims arising out of alleged breach of a shareholders' agreement relating to companies in East Asia, raising issues of the enforceability of restrictive covenants and public policy and illegality.
  • A claim in the region of US$8 million in respect of a guarantee of a loan facility for the financing of commodities trading.
  • Successfully acting in a claim in the region of US$4 million under a loan agreement in LCIA arbitration.
  • A claim in excess of US$2 million arising out of an alleged guarantee of a business loan.
  • A claim for breach of an exclusive distribution agreement in respect of fine wine.
  • Advising in respect of alleged breaches of confidence arising out of the departure of a senior employee of a large private equity manager to another international private equity manager.
  • Advising in relation to a share purchase agreement in connection with the sale of a substantial business.
  • Advising a Spanish company in relation to a joint venture fishing off the Falkland Islands.
  • Successfully challenging the tribunal's jurisdiction in relation to a claim in excess of US$11 million for unpaid hire under a charterparty.
  • Fuerst Day Lawson Ltd v Nature Food Import Warenhandelsges mbH - successfully obtaining an interim anti-suit injunction.
Energy and Natural Resources

Daniel has a growing practice in the energy and natural resources sector. Daniel's wider experience in complimentary areas of his practice makes him well equipped to handle international disputes arising in the energy industry. His broad exposure to complex and technical commercial litigation, and his knowledge of international arbitration, international trade and finance, conflict of laws, and public international law, are all assets in this respect. His experience includes: 

  • Advising in a very high value dispute arising out of the development of a new technological solution in dynamic positioning for utilisation in the offshore oil and gas industry.
  • Advising in disputes arising out of the OW Bunkers insolvency.
  • Acting in a dispute concerning alleged contamination of a cargo of unleaded MOGAS, raising interesting questions about the application of a certificate final and binding provision.
  • Acting in a dispute arising out of the transportation of 2 jack up drilling rigs on the Heavycon 2007 form.
  • An arbitration, led by Christopher Hancock QC, concerning a claim in excess of US$47 million for substantial damage to a very large ore carrier caused by design and/or structural defects.
  • Acting in a series of related arbitrations with claims totalling around US$4 million concerning a dispute arising out of the operation of a VLCC tanker pool.
  • An arbitration acting for charterers of a VLCC tanker in a claim in the region of US$4 million for alleged breach of an oil major approvals clause.
  • Instructed in a claim for damages arising out of the breakdown of a LNG carrier.
  • An arbitration, led by Andrew Baker QC, concerning piracy attacks during offshore STS operations to discharge gasoil from a product tanker.
  • An arbitration led by Charles Kimmins QC in respect of a claim for sums due under a spot sale of LPG by a state entity.
  • A series of ICC Arbitrations, led by David Lewis QC, in relation to claims of approximately US$6 million following alleged repudiation of contracts for the sale of coal.
  • Advising in a dispute concerning STS operations between VLCCs.
  • Advising in a claim arising out of delayed delivery of a gasoline cargo.
  • Obtaining interpleader relief on behalf of BP Singapore in relation to multiple freight claims.
  • Acting in a Commercial Court claim concerning alleged short delivery of gasoil.
Shipping

Daniel has undertaken a wide variety of work in dry and wet shipping matters, and received the award for "Shipping Junior of the Year" at the Chambers UK Bar Awards in 2016. His work has included 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. His cases have covered a disparate range of industry sectors, with cases concerning, for example, VLCCs, product tankers, LNG carriers, iron ore carrriers, container ships, bulk carriers, heavylift vessels, superyachts and cruise ships. He has been instructed in disputes involving, for instance, oil major approval, "Rightship" approval, piracy, Conwartime, safe port warranties, seaworthiness, laytime and demurrage, detention, letters of indemnity, deadfreight, off hire, speed and consumption, contaminated bunkers, the NYPE Interclub Agreement, early/late redelivery, redelivery notices, general average, dangerous cargo, liens, and the Hague and Hague Visby Rules.  Notable cases include:

  • The Global Santosh [2016] UKSC 20; [2016] 1 WLR 1853 -  a Supreme Court case raising important points on the NYPE form and agency in the context of delegated or vicarious performance of contractual rights and obligations.
  • Acting for the Claimant, led by Michael Ashcroft QC, in disputes under shipbuilding contracts in respect of defective and delayed construction of two container ships with contractual values totaling about US$175 million.
  • Maersk Tangier [2017] EWHC 654 (Comm) - acting on behalf of Maersk in respect of claims against them for damage to a cargo of frozen bluefin tuna loins, led by Sara Masters QC.  The case is the key authority in respect of the compulsory applicability of the Hague-Visby Rules where seaway bills are issued, and also in respect of the package or unit limitation in the context of containerisation under both the Hague and Hague-Visby Rules. An appeal is pending to the Court of Appeal.
  • Acting for the Claimant, led by Duncan Matthews QC, in respect of complex claims totalling in excess of US$12 million arising out of alleged breaches of a charterparty and related contracts, and negligent misstatement, against one of the world’s largest shipping companies and its chairman personally, in connection with a new ferry service.
  • An arbitration, led by Christopher Hancock QC, in respect of a claim in excess of US$15 million arising out of a collision between a bulk carrier and a conveyor jetty at an iron ore terminal in Brazil.
  • An arbitration acting for charterers of a VLCC tanker, led by Christopher Hancock QC, in a claim in the region of US$4 million for alleged breach of an oil major approvals clause.
  • Golden Ocean Group Ltd v (1) Salgaocar Mining Industries PVT Ltd (2) Mr Anil V Salgaocar [2012] EWCA Civ 265; [2012] 1 WLR 3674 (CA); [2011] EWHC 56 (Comm); [2011] 1 WLR 2575 (HC) - acting for successful claimants led by Timothy Young QC in the Court of Appeal in a claim in the region of US$54 million under a guarantee of a long term charterparty.  This is a landmark case on the Statute of Frauds.
  • An arbitration, led by Christopher Hancock QC, in respect of a claim in excess of US$16 million arising out of a collision between a large container vessel and a berth and gantry crane in South America. 
  • An arbitration concerning a collision between a bulk carrier and a berth at Aden, Yemen. 
  • An arbitration in respect of a voyage charterparty dispute arising out of the collapse of a cargo of steel king and sheet piles.
  • An arbitration, led by Christopher Hancock QC, concerning a claim in excess of US$47 million under a shipbuilding contract on an amended SAJ form for substantial damage to a very large ore carrier caused by design and/or structural defects.
  • Arbitrations led by Michael Coburn QC in respect of total claims of around US$62 million under refund guarantees arising out of delayed delivery under 2 shipbuilding contracts.
  • An arbitration led by Philip Edey QC in respect of a claim of around US$25 million for repudiation of a MOA on the Norwegian Saleform 1993.
  • Advising in respect of claims in excess of US$12 million for alleged repudiation of shipbuilding contracts (led by Charles Kimmins QC).
  • A series of related arbitrations with claims totalling around US$4 million concerning a dispute arising out of the operation of a VLCC tanker pool.
  • Successfully challenging the tribunal’s jurisdiction in relation to a claim in excess of US$11 million for unpaid hire under a charterparty.

 

Commodities

Daniel has a strong commodities practice which includes cases under a variety of specialist trade arbitral bodies.  Notable experience includes:

  • BV Nederlandse Industrie van Eiprodukten v Rembrandt Enterprises Inc - acting for the Claimant in a multi-million dollar Commercial Court claim led by Guy Morpuss QC arising out of a long term international sale of goods contract for food products, raising issues concerning rejection, termination, foreign regulation and importation requirements, damages and restitution.
  • Acting for the Claimant led by Timothy Young QC in a dispute subject to arbitration in Singapore arising out of the alleged repudiation or renunciation of a multi shipment sale contract for iron ore fines.
  • Common Market Fertilisers SA v Kisan International Trading FZE - led by Charles Kimmins QC, a case concerning claims in the region of US$16 million arising out of alleged repudiation of a contract for the sale of prilled urea.
  • A series of FOSFA Arbitrations –  led by Philip Edey QC - claims in the region of US$25 million arising out of aleged repudiation of contracts for the sale of Brazilian Soya beans.
  • A series of ICC Arbitrations, led by David Lewis QC, in relation to claims of approximately US$6 million following alleged repudiation of contracts for the sale of coal.
  • A GAFTA Arbitration concerning a claim in excess of €1.5 million arising out of alleged failure to deliver a quantity of Hungarian feed barley against the background of a Greek public tender under an EU food assistance programme.
  • China Aviation Oil (Singapore) Corporation Ltd v Kolmar Group AG ­– a Commercial Court claim arising out of a failure to deliver a parcel of paraxylene under a long term supply contract.
  • An ICA Arbitration concerning a CIP contract for the sale of cotton, involving alleged failures to obtain import and transit licenses and deliver in time, and raising the issue of whether “invoicing back” under the ICA Bylaws was applicable.
  • A RSA arbitration for claims arising out of the late presentation of documents under letters of credit in connection with contracts for the sale of refined sugar.
  • An arbitration led by Charles Kimmins QC in respect of a claim for sums due under a spot sale of LPG by a state entity.
  • An arbitration concerning claims for consequential losses suffered by the seller of 5 cargoes of steel scrap caused by the alleged wrongful rejection of documents under letters of credit.

 

Banking and Finance

Daniel's practice encompasses banking and financial services, with a particular emphasis on derivatives. He is familiar with issues concerning the ISDA Master Agreement. Examples of Daniel's work include:

  • Advising in relation to OTC derivatives transactions in connection with disputes arising out of the insolvency of OW Bunkers.
  • Camerata Property Inc v Credit Suisse Securities (Europe) Ltd [2013] EWHC 29 (Comm) - led by Christopher Hancock QC, the case concerned a claim in respect of alleged unauthorised investment and mis-selling of structured products, through a financial advisor, to a high net worth individual.
  • A high value LCIA Arbitration, led by David Owen QC, concerning the valuation of CDO and CLO securities on close out under a Global Master Repurchase Agreement.
  • Acting for Pioneer Freight Futures in half a dozen very large derivatives claims under forward freight agreements, largely turning on the application of the ISDA Master Agreement. The cases were all connected to the substantial litigation arising out of the liquidation of Pioneer Freight Futures which was formerly one of the largest players in the FFA market.
  • Advising in relation to judicial review of a decision of the Financial Ombudsman Service in relation to mis-selling of a structured investment product issued by Lehman Brothers International (Europe) Ltd before Lehman's landmark bankruptcy.
Insurance and Reinsurance

Daniel's expertise extends to insurance and reinsurance and he is a former co-editor of MacGillivray on Insurance Law. His recent experience includes:

  • A Commercial Court claim, led by Christopher Hancock QC, concerning disputed coverage under an excess layer professional indemnity policy.
  • Advising in relation to a Lloyd's Italian medical malpractice policy on issues of broker negligence and fraud.
International Arbitration

A large proportion of Daniel's work is in arbitration under a wide variety of different arbitral rules (for instance, Daniel has been instructed in cases under LMAA, LCIA, ICC, ICA, GAFTA, FOSFA and RSA rules).  Daniel's practice also encompasses appeals and interim applications under the Arbitration Act 1996.

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.

Daniel has previously worked as a Research Assistant at the Law Commission of England and Wales, and in the Hong Kong office of a leading City law firm. Daniel has also worked as a Judicial Assistant in the Court of Appeal, Civil Division, assigned to Lord Justice Dyson (subsequently a Justice of the Supreme Court and serving as Master of the Rolls before his retirement). This gave Daniel a unique insight into the judicial mind at appellate level, particularly when sitting in on the judges’ prehearing conferences where their Lordships exchange provisional views and discuss the skeleton arguments. 

Publications: 

Former Co-editor of MacGillivray on Insurance Law.

Appointments and Society Memberships: 

  • COMBAR
  • LCLCBA

Quotes: 

"He has a razor-sharp intellect and a fantastic written style. He's superbly hard-working and a terribly nice person to work with." (Chambers & Partners 2017, Shipping and Commodities)

"He had a very measured manner and had good analysis of the case." (Chambers & Partners 2017, Shipping and Commodities)

An exceptionally able young man with a very bright future ahead of him.” (Legal 500 2016, Commodities)

Bright and user-friendly” (Legal 500 2016, Shipping)