Michael Collett

BA (Hons), Dip. Law, MCIArb

Areas of expertise

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Michael Collett is a barrister specialising in commercial law.His areas of practice include shipping (including charterparty, contract of affreightment, bill of lading, shipbuilding, and ship sale and purchase disputes), carriage of goods by road, international trade, commodities, conflicts of laws, insurance (including marine insurance and P&I cover), reinsurance and banking. He appears both in Court and before a variety of legal and commercial arbitration tribunals.Recent experience includes many cases arising out of the wordwide economic downturn and its effect upon shipping contracts, disputes about the scope of arbitration clauses, insurance and reinsurance disputes (including avoidance and coverage issues), giving expert evidence of English law in foreign proceedings, and a substantial claim arising out of the sinking of a bulk carrier.He accepts appointments as an arbitrator and is currently involved in a number of references.

Specialisations: 

  • Shipping
  • Commodities & Sale of Goods
  • Insurance & Reinsurance
  • Arbitration
  • Private International Law
  • Banking & Financial Contracts
  • Energy & Natural Resources
  • Shareholder & Joint Venture disputes
  • Agency

Principal Cases: 

Commodities & Sale of Goods

Petroplus Marketing AG v Shell Trading International Ltd (The "Ninae") [2009] 2 Lloyd's Rep. 611 - Sale of goods - FOB sale of high sulphur fuel oil - pricing by reference to bill of lading date - whether buyers entitled to withhold payment on the basis that the price had been increased by delay in shipment

UR Power GmbH v Kuok Oils and Grains Pte Ltd [2009] 2 Lloyd's Rep. 495 - Arbitration - Sale of goods - CIF sale of crude palm oil - challenges to FOSFA award - dispute whether parties entered into binding agreement - whether tribunal had jurisdiction to determine that issue - whether right to challenge jurisdiction lost - whether arbitration agreement binding even if underlying contract did not come into existence - time limit for challenging FOSFA Board of Appeal award

Shipping

Sotrade Denizcilik Sanayi ve Ticaret AS v Amadou Lo and Ors (The "Duden")  [2009] 1 Lloyd's Rep. 145 (sister case to The "Kallang" (No.2)) -  Shipping - Arbitration - Bill of lading - London arbitration agreement -  arrest in Senegal - whether in breach of arbitration agreement - whether  insurers induced breach of arbitration agreement by cargo interests -  damages - final anti-suit injunction  

London Arbitration 11/08 (2008) 749 LMLN - Shipping - Voyage  Charterparty - whether party liable as charterer or guarantor - whether  Statute of Frauds satisfied - whether charterers liable for deadfreight  and demurrage - scope of exclusion for lockout - validity of Notice of  Readiness - costs of exercising lien  

Starlight Shipping v.Tai Ping Insurance Co (The "Alexandros T") [2008] 1  Lloyd's Rep. 230 - Private International Law - Arbitration - Shipping -  Bill of lading - London arbitration agreement - whether Chinese  proceedings in breach of arbitration agreement - whether Court should  grant anti-suit injunction notwithstanding tribunal constituted - whether  non-party to arbitration agreement could obtain permission to serve out  under CPR6.20(5)(c)  

Bandwidth Shipping Corporation v. Intaari (The "Magdalena  Oldendorff") [2008] 1 Lloyd's Rep. 7 (Court of Appeal) - Arbitration -  Shipping - Time Charterparty - whether point raised for first time in  reply in oral closing - whether tribunal failed to give applicant a  reasonable opportunity of putting its case or dealing fairly with that of  its opponent - whether serious irregularity under s.68 Arbitration Act  1996   London Arbitration 3/07 (2007) 713 LMLN 3 - Shipping - Time Charterparty -  whether vessel redelivered late - whether charterers in breach of  redelivery notice obligations - whether damages recoverable for loss of  follow-on business or too remote - scope of exception for "all dangers  and accidents of the seas"

More Og Romsdal Fylkesbatar AS v The Demise Charterers  of the Ship "Jotunheim" [2005] 1 Lloyd's Rep. 181 - Bareboat  charterparty - charterers failed to pay hire - owners sought to withdraw  and repossess the vessel - whether owners' rights waived - whether Court  should grant relief from forfeiture

Arbitration

UR Power GmbH v Kuok Oils and Grains Pte Ltd [2009] 2 Lloyd's Rep. 495 - Arbitration - Sale of goods - CIF sale of crude palm oil - challenges to FOSFA award - dispute whether parties entered into binding agreement - whether tribunal had jurisdiction to determine that issue - whether right to challenge jurisdiction lost - whether arbitration agreement binding even if underlying contract did not come into existence - time limit for challenging FOSFA Board of Appeal award

Sotrade Denizcilik Sanayi ve Ticaret AS v Amadou Lo and Ors (The "Duden") [2009] 1 Lloyd's Rep. 145 (sister case to The "Kallang" (No.2)) - Shipping - Arbitration - Bill of lading - London arbitration agreement - arrest in Senegal - whether in breach of arbitration agreement - whether insurers induced breach of arbitration agreement by cargo interests - damages - final anti-suit injunction

Starlight Shipping v.Tai Ping Insurance Co (The "Alexandros T") [2008] 1 Lloyd's Rep. 230 - Private International Law - Arbitration - Shipping - Bill of lading - London arbitration agreement - whether Chinese proceedings in breach of arbitration agreement - whether Court should grant anti-suit injunction notwithstanding tribunal constituted - whether non-party to arbitration agreement could obtain permission to serve out under CPR6.20(5)(c)

Bandwidth Shipping Corporation v. Intaari (The "Magdalena Oldendorff") [2008] 1 Lloyd's Rep. 7 (Court of Appeal) - Arbitration - Shipping - Time Charterparty - whether point raised for first time in reply in oral closing - whether tribunal failed to give applicant a reasonable opportunity of putting its case or dealing fairly with that of its opponent - whether serious irregularity under s.68 Arbitration Act 1996

Electrosteel Castings Ltd v Scan-Trans Shipping & Chartering Sdn Bhd [2003] 1 Lloyd's Rep. 190 - Shipping - Arbitration - Booking Note - whether party principal or agent - relationship between booking note and recap telex - evidence admissible on an application under s.67 Arbitration Act 1996

Reinsurance

American International Marine Agency of NewYork Inc v.  Dandridge [2005] Lloyd's Rep. IR 643 - Reinsurance - hull and machinery  insurance - total loss - whether, and if so with what effect, follow the  settlements and follow the leader provisions incorporated into  reinsurance - breach of classification warranty

HIH v Axa Corporate Solutions [2003] Lloyd's Rep. IR 1 (Court of Appeal) -  Reinsurance - film finance insurance - breach of warranty - whether  reinsurers had waived breach - waiver by election - promissory estoppel -  estoppel by convention - whether reliance established where neither party  aware of right to be foregone 

HIH v New Hampshire [2001] 1 Lloyd's Rep. 378;  [2001] 2 Lloyd's Rep. 161 (CA) - Reinsurance - film finance insurance -  whether warranty as to number of films - whether slip superseded by  policy - effect of clause excluding right to avoid - effect of  incorporation of such clause into reinsurance

Banking

Czarnikow-Rionda Sugar Trading Inc v Standard Bank  London and Others [1999] 2 Lloyd's Rep. 187 - Banking - Letter of Credit -  Fraud - injunction preventing payment - whether balance of convenience  against granting of injunction - whether failure to make full and frank  disclosure - whether abuse of process

Education and Career: 

  • Called to the Bar of England and Wales in 1995.
  • Has practised at 20 Essex Street since 1997.
  • Educated St John's College, Oxford (1989-1993) and City University (1993-4).
  • First Class Honour Moderations in Latin Literature with Greek, First Class degree in Literae Humaniores, and Diploma in Law with Distinction.
  • Council of Legal Education Prize for performance in the Diploma in Law. 
  • Awarded a Karmel Entrance Award and Prince of Wales Scholarship by Gray's Inn.

Appointments and Society Memberships: 

  • Arbitration Secretary of the London Common Law and Commercial Bar Association
  • Supporting Member of the London Maritime Arbitrators' Association,
  • Member of the Civil Mediation Council
  • Member of Combar
  • Member of the British Insurance Law Association
  • Member of the Baltic Exchange
  • Member of the Chartered Institute of Arbitrators.

Lectures and Teaching: 

Has lectured to the West of England P&I Club (with Aleka Sheppard) on bills of lading

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