Founder of Lux Mediation, Jonathan Lux, is globally regarded as one of the leading experts in Maritime Law. He has been named ‘Global Shipping & Maritime Lawyer of the Year’ by Who’s Who Legal.
Mediation is a highly effective way to resolve maritime and shipping disputes, without having to proceed with an expensive court or arbitration case. The mediation process presents the opportunity for all parties involved to agree the desired result for themselves, without requiring Courts, Judges and Arbitrators. Mediators discuss the concerns of each party in a confidential, civilised and balanced manner, exploring options that result in a fair and constructive outcome in just one day of mediation.
Our vast experience within Maritime Mediation ensures that clients involved in a dispute can come to a satisfactory conclusion as swiftly as possible, avoiding delays within the company over preparing for court cases, enabling businesses involved to address their disagreements professionally and move on in a timely manner.
We have provided mediation services in many diverse areas of shipping and maritime law including; cargo claims, charterparty disputes, insurance & P&I issues, shipbuilding, ship sale & purchase, personal injury, professional negligence, salvage & treasure salvage and commercial fraud. These have related mostly to international disputes spanning the globe. The parties coming to mediation include underwriters, the major P&I Clubs, ship owners, charterers, cargo interests, classification societies, banks and shipbuilders.
Jonathan is a director of the London Shipping law Centre and is a titulary member of the CMI. He has particular expertise in bunkers and is the co-author of the leading legal text-book on bunkers. He is a former Council Member of the International Bunker Industry Association and coordinator of its working group on dispute resolution.
A case study from our founder;
“Maritime disputes come in all shapes and sizes. A recent one which came before me involved a charterparty on Asbatankvoy form under which the vessel was chartered by her owners to the oil major charterers for a voyage with a cargo of 150,000 mt crude oil. The vessel arrived at the anchorage at the loadport (which was outside the port limits) before the cancelling date but was unable to proceed further due to congestion. The charterers argued that they were entitled to cancel the charter. The owners maintained that the charterer was not entitled to cancel. It so happened that the freight market had dropped considerably between the date when the charter was fixed and the date of cancellation. Accordingly, the owners refixed the vessel to other charterers and suffered a considerable loss representing the difference between the charterparty rate and the rate at which they were able to refix. The charter provided for any disputes to be referred to London arbitration in accordance with English law and the owners commenced arbitration proceedings in order to recover their losses. After Claim and Defence Submissions in the arbitration had been exchanged the parties agreed to stay the arbitration so that mediation could take place.”
The outcome of the mediation was that the original dispute was ‘parked’ and the parties entered a new long-term agreement whereby the charterers gave the owners first refusal on specified cargoes for specified voyages with an agreed formula for freight. This cost the charterers nothing but in a depressed freight market was worth far more to the owners than even 100% success at arbitration on their original claim.
If you have a maritime dispute that you are looking to resolve, please contact us. We can explain the mediation process as well as booking a suitable date and location, wherever it may be in the world, to facilitate and mediate your dispute.