Adam Board

Professional practice

Adam is an experienced junior barrister with a varied commercial and international arbitration practice. His main practice areas include, among others: shipping, commodities, offshore construction, international arbitration, energy, insurance and the conflict of laws. Adam is ranked in the Chambers & Partners and Legal 500 Directories as a “Leading Junior”, which for 2023/24 describe him as follows:

“calm, reassuring and the person you want in a panic” (C&P 2024);
“level-headed and gives a very sensible opinion on matters” (C&P 2024);
“always produces a high-quality product” (C&P 2024); and
“[g]ives decisive and commercial advice, and good to work with” (Legal 500, 2024).

Adam is often instructed in high value and complex disputes. His recent cases include appellate experience, including before the Supreme Court, Court of Appeal, and arbitration appeals to the Commercial Court. Adam also is an experienced trial advocate and is frequently instructed to appear in interim applications (including for freezing orders and anti-suit injunctions).

Adam also frequently appears as counsel in international arbitrations. He has particular experience in proceedings under the auspices of the LMAA, SIAC, ICC, LCIA, UNCITRAL, CI ARB, and SCMA rules. Adam’s arbitration experience includes acting for, among others, sovereign states and state-owned companies. He also has experience in arbitration proceedings seated abroad, those governed by foreign substantive and/or procedural laws and has previously acted as an advisor on English law in support of foreign court proceedings.

Adam’s practice includes a significant advisory element, dealing with a wide range of issues relating to actual or contemplated dispute resolution. He is also one of several members of Essex Court Chambers who volunteer their time to support the Social Mobility Foundation.

Examples of Recent Cases

International Arbitration (London, ad hoc, 2023). Adam acted as part of a large team of counsel for the Claimant in a dispute concerning the construction and sale of a semi-submersible off-shore drilling rig. The case raised a wide range of legal and technical issues, with expert evidence served in 10 disciplines. These included the legal test for “insolvency” as a matter of English and Singapore law. Adam was led by Duncan Matthews KC (20 Essex), Roderick Cordara KC and Siddharth Dhar KC, and appeared with John Snider, Andrew Shaw (South Square), Matthew Chan (20 Essex) and Edward Mordaunt.

International Arbitrations (London, LMAA, 2021, 2023). Adam is instructed on behalf of a major Korean shipbuilder in proceedings relating to the construction and repair of two LNG vessels. The disputes raise complex issues of marine engineering and legal issues such as ‘transferred loss’, issue estoppel, the proper construction of exemption clauses. Adam is led by Christopher Smith KC and appears with Freddie Onslow.

BP Oil International Ltd v. Glencore Energy UK Ltd [2022] EWHC 499 (Comm). Adam was instructed for the Claimant in a dispute concerning the sale and purchase of contaminated crude oil. The case raised unresolved legal issues relating to the assessment of damages and the principle of res inter alios acta. Adam was led by Steven Berry KC.

International Arbitrations (London, LMAA, 2019-2023). Adam is instructed for the Claimants in six related disputes concerning the carriage of frozen fish and sea products pursuant to contracts of affreightment. Adam is led by Graham Dunning KC.

Aspen Underwriting Ltd (& Ors) v. Credit Europe Bank NV [2020] UKSC 11, [2018] EWCA Civ 2590. Adam acted for the respondent bank in two related appears concerning the rules of jurisdiction applicable to assignees, ‘matters relating to insurance’, and restitution claims under the Brussels Re-Cast Regulation 1215/2012. The Supreme Court appeals were heard by a panel of 7 Justices, with the bank prevailing on all of the issues decided. The case is now a leading authority on the position of an assignee sued by an original contracting party in relation to a contract containing a jurisdiction agreement. Adam was led by Steven Berry KC.

Jiangsu Guoxin Corp Ltd v. Precious Shipping Public Co Ltd [2020] EWHC 1030 (Comm). Adam acted for the respondent purchasers in relation to a series of contracts for the sale and purchase of ships, both in arbitration and then on appeal. The appeals concerned the scope and potential application of the ‘prevention principle’ in the context of the cancellation of international shipbuilding contracts. The judgment of Butcher J. is now a leading case on this issue and the concept of ‘permissible delay’ under the SAJ Form. Adam was led by Roderick Cordara KC and appeared with Andrew Dinsmore (20 Essex).

International Arbitrations (LCIA, 2021, 2022). Adam acted on behalf of the Claimant in two arbitrations concerning the exercise of rights of first refusal over shares in a mining investment company. The dispute raised areas of contractual construction and the legal principles applicable to pre-emption rights. Adam was led by Graham Dunning KC.

International Arbitration (London, CI Arb Rules, 2012-2019). Adam was instructed on behalf of the respondent sovereign state and its anti-corruption office in relation to a long-running and high-value dispute with a Manx investment company. The dispute concerned foreign anti-corruption investigations and proceedings, issues of foreign law, and an application pursuant to s. 68 of the Arbitration Act 1996. Adam was led by Judith Gill KC (then of Allen & Overy), Sam Wordsworth KC (on liability) and Mark Levy KC (of Allen & Overy). Adam appeared with Adam Woolnough.

HPOR Serviços de Consultoria v. Dryships Inc (& Anor) [2018] EWHC 3451 (Comm). Adam was instructed by the Respondents in arbitrations and subsequent appeal concerning the equitable remedies of ‘account of profits’ and ‘forfeiture of remuneration’. The case is a rare example where English Court exercised its jurisdiction to forfeit an agent’s fees on grounds of its repudiatory breaches of fiduciary duty. Adam was led by David Joseph KC.

Pan Petroleum Aje Ltd v. Yinka Folawiyo Petroleum (& Ors) [2017] EWCA Civ 1525; [2017] EWHC 1102 (Comm). Adam was instructed in arbitration applications for interim injunctions and subsequent contempt of court proceedings, which were subsequently appealed. The case is one of only a few authorities to deal with declaratory relief for contempt of court and the true construction of a court order in the context of contempt. Adam was led by David Joseph KC.

What Others Say

Chambers & Partners 2024, Shipping & Commodities:

“Adam is calm, reassuring and the person you want in a panic”.

“Adam is level-headed and gives a very sensible opinion on matters”.

“He always produces a high-quality product”.

Legal 500 UK Bar 2024, Shipping:

“Gives decisive and commercial advice, and good to work with”.

Chambers & Partners 2023, Shipping & Commodities:

“He is very clever and accessible.”

“Adam is very analytical and easy to get on with.”

Legal 500 UK Bar 2023, Shipping:

“His advice is always well presented and commercial and his advocacy formidable. A joy to work with for solicitors and lay clients alike.”

Legal 500 UK Bar 2022, Commodities:

“A very sharp and a clear thinker, he is skilled and confident in drafting and providing tactical and procedural advice”.

Legal 500 UK Bar 2022, Shipping:

“A very sharp and clear thinker. Highly effective, highly efficient, and highly recommended”.

Legal 500 UK Bar 2021, Shipping:

“Clever and is able to get to the heart of complex disputes.”

Arbitration & related court applications

Adam is instructed as counsel in international arbitrations and arbitration-related court applications. The following are examples of Adam’s recent cases in this area:

International Arbitration (Paris, ICC, 2023). Adam is instructed on behalf of a statutory airport authority in the context of a dispute relating to the construction of a new airport terminal in Kenya. The dispute raises issues of foreign law, including public procurement law. Adam is led by Ben Juratowitch KC and appears with Caroline Greenfield (Atkin Chambers).

Jiangsu Guoxin Corporation Ltd v. Precious Shipping Public Co Ltd [2020] EWHC 1030 (Comm). Adam successfully acted for the respondent buyers in two related arbitration appeals on preliminary issues concerning the cancellation of shipbuilding contracts. The judgment of Butcher J. provides the latest guidance on the scope of the ‘permissible delay’, cancellation and notice requirements of the SAJ Form. Adam was led by Roderick Cordara KC.

International Arbitration (London, LCIA Rules, 2021). Adam was instructed on behalf of the claimant in a dispute concerned with the exercise of rights of first refusal over shares in a mining investment company. The dispute raises issues of contractual construction and the legal principles relating to rights of first refusal. Adam is led by Graham Dunning KC.

International Arbitration (London, LCIA Rules, 2021). Adam is instructed on behalf of the claimant in a dispute concerning the performance of long-term charterparties for the carriage of fish and sea products. The dispute raises issues of alleged illegality under foreign laws. Adam is led by Graham Dunning KC.

International Arbitrations (London, LMAA Rules, 2016-2019). Adam was instructed for the purchasers of 14 Ultramax newbuilding vessels in a series of disputes against two shipyards in the far east. The arbitrations raised complex technical issues concerning the design and construction of the vessel’s propulsion systems and fuel consumption, as well as legal issues concerning contractual interpretation and the ‘prevention principle’. Adam was led by Roderick Cordara KC.

International Arbitration (London, CI Arb Rules, 2012-2019). Adam was instructed on behalf of a sovereign state and its anti-corruption office in connection with a long-running, complex and high-value dispute with a Manx investment company. The dispute raised issues of foreign law and an application pursuant to s. 68 of the Arbitration Act 1996. Adam was led by Judith Gill KC and Sam Wordsworth KC (on liability) and by Mark Levy KC (on quantum).

International Arbitrations (London, LMAA Rules, 2017-2018). Adam acted for the respondents in two concurrent arbitrations concerned with claims for commission pursuant to consultancy and advisory agreements. The legal issues included contractual interpretation, alleged oral agreements, and without prejudice privilege. Adam was led by David Joseph KC.

International Arbitrations (London, LMAA Rules, 2017-2018). Adam acted for the respondents in two parallel arbitrations concerning claims for commission pursuant to agency and brokerage agreements in relation to drilling contracts. The legal issues concerned allegations of misrepresentation, breach of fiduciary duty, and breach of contract. Adam was led by David Joseph KC.

International Arbitration (Singapore, UNCITRAL Rules, 2016). Adam acted on behalf of companies in the coal mining industry in a dispute concerning the sale and purchase of shares in Indonesian companies. The legal issues included matters of arbitral jurisdiction, contractual interpretation, and questions of Indonesian law. Adam was led by Graham Dunning KC.

Civil fraud & asset recovery

Adam has experience pursuing and defending civil claims involving allegations of fraud, breach of fiduciary duty and dishonesty. The following are examples of Adam’s cases in this area:

SCF Tankers Ltd v. Privalov (& Ors) [2018] 1 WLR 5623 (CA), [2017] 2 All ER 570 (Comm). Adam was instructed for the applicant in a two-week Commercial Court trial of an inquiry into damages arising out of worldwide freezing orders and a security regime. The proceedings formed part of the complex Fiona Trust litigation. An award of damages of c.US$60m was upheld on appeal. Adam was led by Steven Berry KC and Nathan Pillow KC.

British American Tobacco (& Anor) v. Benikes(& Ors) (Commercial Court, 2019). Adam was instructed on behalf of the claimants in proceedings involving allegations of bribery and breach of fiduciary duty on the part of a former director during his employment. Adam was led by Paul Stanley KC.

HPOR Serviços de Consultoria v. Dryships Inc (& Anor) [2018] EWHC 3451 (Comm). Adam was instructed on behalf of the respondents to an appeal pursuant to s. 69 of the Arbitration Act 1996, which concerned the remedies of account of profits and equitable forfeiture. The issues arose in the context of claims brought by an agent who was in repudiatory breach of its fiduciary duties. Adam was led by David Joseph KC.

Seaton Trustees v. Schneider Electric FZE (Commercial Court, 2014). Adam was instructed in a share purchase dispute which involved allegations of fraud, mismanagement and breaches of warranty. Adam was led by Stephen Houseman KC and James Collins KC.

Cherney v. Deripaska (2010). Adam was instructed on behalf of the Defendant as part of a team of supporting junior counsel in this large dispute between oligarchs concerning an alleged agreement in respect of Russian assets.

Commercial dispute resolution

Adam acts and advises in connection with a wide range of commercial disputes. Examples of Adam’s recent cases, which are representative of his commercial practice, are as follows:

International Arbitration (ICC, Tel Aviv). Adam was instructed on behalf of the Claimants in arbitration proceedings concerning a joint venture in the duty free industry between Israeli and German companies. The claims included allegations of deceit, breach of contract, breach of fiduciary duty and unjust enrichment governed by Israeli law. Adam was led by Dan Oudkerk KC and appeared with Wei Jian Chan.

Blackstar Advisors Ltd v. Cheyne Capital International Ltd (& Anor) [2018] EWHC 3496 (Comm). Adam was instructed on behalf of the hedge fund defendants in proceedings brought in the Commercial Court in connection with investor introduction fees. The claims were determined at a two-week trial and raised issues of contractual construction, estoppel, and French law. Adam also appeared at several interlocutory hearings prior to trial. Adam was led by Steven Berry KC.

International Arbitrations (London, LCIA Rules, 2019). Adam is instructed on behalf of the claimant in a dispute concerned with the exercise of rights of first refusal over shares in a mining investment company. The dispute raises issues of contractual construction and the legal principles relating to rights of first refusal. Adam was led by Graham Dunning KC.

International Arbitrations (London, LMAA Rules, 2017-2018). Adam acted for the respondents in two parallel arbitrations concerning claims for commission pursuant to agency and brokerage agreements in relation to oil drilling contracts. The legal issues concerned allegations of misrepresentation, breach of fiduciary duty, and breach of contract. Adam was led by David Joseph KC.

International Arbitration (Singapore, UNCITRAL Rules 2016). Adam acted on behalf of companies in the coal mining industry in a dispute concerning the sale and purchase of shares in Indonesian companies. The legal issues included matters of arbitral jurisdiction, contractual interpretation, and questions of Indonesian law. Adam was led by Graham Dunning KC.

Energy & natural resources

Adam’s practice also covers the energy and natural resources sectors, including disputes relating to oil and gas, mining, and renewable energy. The following are examples of Adam’s cases in this area:

BP Oil International Ltd. v. Glencore Energy UK Ltd [2022] EWHC 499 (Comm). Adam successfully acted for the Claimant in a dispute concerning a sale and purchase of crude oil contaminated by organic chlorides in April 2019. The case raised unresolved issues of relating to the quantification of damages for breach of a sale of goods contract. Adam was led by Steven Berry KC.

International Arbitrations (London, LCIA Rules, 2021). Adam acted on behalf of the claimant in a dispute concerned with the exercise of rights of first refusal over shares in a mining investment company. The dispute raises issues of contractual construction and the legal principles relating to rights of first refusal. Adam is led by Graham Dunning KC.

Pan Petroleum Aje Ltd v. Yinka Folawiyo Petroleum (& Ors) [2017] EWCA Civ 1525, [2017] EWHC 1102 (Comm). Adam was instructed in arbitration applications for interim injunctions and subsequent contempt of court proceedings, including an appeal on the issue of contempt to the Court of Appeal. The case concerned a joint venture dispute arising out of an agreement to operate a Nigerian oil field. Adam was led by David Joseph KC.

International Arbitrations (Singapore, SIAC Rules, 2011-2012). Adam was instructed on behalf of the claimant in a series of arbitrations concerning the sale and purchase of photovoltaic solar cells for the manufacture of solar panels. Adam was led by Jern-Fei Ng (as he then was).

Insurance & reinsurance

Adam has experience acting in insurance cases, particularly clams relating to marine insurance. His recent cases include:

Aspen Underwriting Ltd (& Ors) v. Credit Europe Bank NV [2020] UKSC 11, [2018] EWCA Civ 2590. Adam successfully appeared for the respondent bank in two related appeals concerned with the rules of jurisdiction applicable to assignees, matters relating to insurance, and restitution claims pursuant to the Brussels Re-Cast Regulation 1215/2012. The decision of the Supreme Court is now the leading case in English law on the rules of jurisdiction applicable in matters relating to insurance within the EU frameworks and affirms the approach in The Jay Bola with regard to rights and obligations under jurisdiction clauses consequent upon assignment. Adam was led by Steven Berry KC.

Navytrend Shipping Limited v. The Swedish Club (& Ors) (Commercial Court – 2019). Adam is instructed on behalf of owners in a dispute concerning the measure of indemnity due under a policy of marine insurance arising out of a main engine breakdown.

Interim injunctions and freezing orders

Adam is often instructed in connection with applications for interim injunctions, freezing orders, and disclosure orders. He also has experience in ancillary applications related to injunctions, including: (i) contempt applications for non-compliance with court orders; and (ii) applications for inquiries into damages for losses caused by interim injunctions. The following are recent examples of Adam’s cases involving interim injunctions:

Stokoe Partnership Solicitors v. Robinson & Ors (QBD, 2020). Adam acted for a firm of solicitors to obtain Norwich Pharmacal relief and interim mandatory injunctions to restrain attempts to access confidential information in connection with on-going litigation. Adam was led by Dan Oudkerk KC.

M.T. “Vessel 1” & M.T. “Vessel 2” (Commercial Court, 2020). Adam acted as sole counsel for the respondents to oppose the continuation of two worldwide freezing orders in connection with two ship sale and purchase agreements.

Instasol LLC v. EM Digital & Ors (Commercial Court, 2019). Adam acted as sole counsel for the claimant in proceedings to recover amounts due under a loan agreement, including successful applications for freezing injunctions and related disclosure orders in support of claims pursuant to s. 423 of the Insolvency Act 1986.

Delta Kanaris Special Maritime Enterprise v. Elemento Ltd [2019] EWHC 2875 (Comm). Adam acted for the respondent oil trading company at the return date of an application for worldwide freezing orders in support of English court proceedings. The issues included the extent to which the court should attribute weight to past allegations and conduct when considering whether a real risk of dissipation was established. Adam was led by Michael Coburn KC of 20 Essex Street.

VTB Commodities Trading v. JSC Antipinsky (& Anor) (Commercial Court, 2019). Adam was instructed on behalf of the intervener in connection with an application to set-aside worldwide freezing injunctions obtained by the claimant in a dispute concerning title to cargoes of oil on board a floating off-shore storage vessel in Russia. Adam was led by the late Edmund King QC.

Breach of injunctions

Pan Petroleum Aje Ltd v. Yinka Folawiyo Petroleum (& Ors) [2017] EWCA Civ 1525, [2017] EWHC 1102 (Comm). Adam was instructed in arbitration applications for interim injunctions in the context of disputes relating to a joint operating agreement in respect of an off-shore drilling project. The proceedings included a contempt application following the breach of the orders which was upheld ([2017] EWHC 1102 (Comm)) and an appeal affirming the finding of contempt ([2017] EWCA Civ 1525). The case is one of the few authorities dealing with declaratory relief for contempt of court and provides guidance as to the interpretation of injunctions and the relevance of context. Adam was led by David Joseph KC.

Cross-undertakings in damages

SCF Tankers Ltd v. Privalov (& Ors) [2018] 1 WLR 5623 (CA), [2017] 2 All ER 570 (Comm). Adam was instructed for the applicant in a two-week Commercial Court trial of an inquiry into damages arising out of worldwide freezing orders and a security regime. The proceedings formed part of the complex Fiona Trust litigation, in which it had been found that freezing orders had been wrongfully obtained and had caused substantial losses during the term of their operation and the operation of a replacement security regime. An award of damages of c.US$60m was upheld on appeal, which provides guidance on issues of causation in such claims. Adam was led by Steven Berry KC and Nathan Pillow KC.

Shipping & Shipbuilding Disputes

Shipping, shipbuilding and international trade cases are at the heart of Adam’s practice. He is frequently instructed to advise and act for clients in shipping, shipbuilding and international trade disputes, including shipowners, charterers, shipyards, ship financiers, and marine insurers. Adam is ranked in the Legal 500 directory in shipping and commodities cases.

The following are representative examples of Adam’s shipping and international trade practice.

Shipping / Commodities disputes

International Arbitrations (London, LMAA Rules, 2022). Adam is instructed on behalf of owners in a series of arbitration references arising out of contracts of affreightment for the shipment of quantities frozen fish and other sea products. Adam is led by Graham Dunning KC.

International Arbitration (London, LMAA Rules, 2022). Adam was instructed for the owners of a chartered vessel in a dispute concerning the detention of the vessel for an extended period due alleged contamination of the cargo. Adam was led by Christopher Smith KC.

International Arbitration (London, 2023). Adam is instructed for ship managers in the context of a dispute concerning a redelivery dispute and claims to access records and documents.

International Arbitration (London, LMAA Rules, 2022). Adam is instructed for the charterers of a vessel in a dispute relating to the loss of wind turbine blades overboard due to heavy weather. Adam was led by Steven Berry KC.

Fleet Trader II (London Circuit Comm Ct, 2022). Adam is instructed for the owners of a vessel in a bill of lading dispute concerning delays to cargo operations at the discharge port. The case is multi-jurisdictional, with protective proceedings filed and pursued in France.

Space Shipping Ltd v. ST Shipping Transport Pte Ltd [2021] EWHC 2288 (Comm). Adam was instructed on behalf of the owners of the vessel CV STEALTH in an appeal on a point of law arising from an arbitration award, pursuant to s. 69 of the Arbitration Act 1996. Adam was led by Steven Berry KC.

International Arbitration (London, 2021). Adam was instructed on behalf of Owners in a charterparty dispute concerning allegations of misrepresentation and breach of contract arising out of a vessel’s trading history and her previously having called at a North Korean port.

International Arbitration (London, LMAA Rules 2017-2019). Adam is instructed on behalf of the charterers of a transshipment vessel used to process dry commodities in South America. The issues arising include question of contractual interpretation and estoppel in the context of cargo shortage claims. Adam is led by Stephen Houseman KC.

Delta Kanaris Special Maritime Enterprise v. Elemento Ltd [2019] EWHC 2875 (Comm). Adam acted for the respondent oil trading company in an action concerning demurrage and hull cleaning of two oil tankers detained in Venezuela. Adam was led by Michael Coburn KC of 20 Essex.

International Arbitration (London, LMAA Rules, 2019). Adam was instructed on behalf of a shipping pool and charterers in arbitration proceedings concerning the termination of several time charterparties.

International Arbitration (London, LMAA Rules 2017-2018). Adam was instructed on behalf of shipowners in arbitral proceedings arising out of a cargo fire on board a bulk carrier vessel in UK waters. Adam was led by Steven Berry KC.

International Arbitration (London, LMAA Rules, 2016-17). Adam was instructed on behalf of the demise charterers of an oil products tanker in a tripartite dispute concerning the condition of the vessel at the time of delivery and re-delivery. Adam was led by Steven Berry KC.

Shipbuilding disputes

International Arbitrations (London, LMAA Rules, 2016-2019). Adam was instructed for the purchasers of 14 Ultramax newbuilding vessels in a series of disputes against two shipyards in the far east. The arbitrations raised complex technical issues concerning the design and construction of the vessel’s propulsion systems and fuel consumption, as well as legal issues concerning contractual interpretation and the ‘prevention principle’. Adam was led by Roderick Cordara KC.

International Arbitration (London, LMAA Rules, 2019). Adam was instructed as sole counsel on behalf of a Korean shipbuilding and marine engineering yard in arbitration proceedings concerning the construction and installation of helicopter decks on board offshore drilling rigs.

International Arbitration (London, LMAA Rules, 2013-2014). Adam was instructed for the buyers of a chemical tanker vessel in a delivery dispute. The arbitration raised issues relating to the construction and safety of the vessel, including the emergency fire suppression system. Adam was led by Simon Bryan KC (as he then was).

International Arbitration (London, LMAA Rules, 2012-2014). Adam was instructed to act on behalf of a shipyard in a delivery dispute concerning a 176,000 DWT cape size bulk carrier. The arbitration lasted six weeks and included allegations concerning the construction and testing of the vessel. Adam was led by Roderick Cordara KC and Jern-Fei Ng (as he then was).

Ship sale/purchase disputes

International Arbitrations (London, LMAA Rules, 2022). Adam was instructed as counsel for the sellers in disputes arising out of the sale of three vessels during the after-effects of the COVID-19 pandemic.

M.T. “Vessel 1” & M.T. “Vessel 2” (Commercial Court, 2020). Adam acted as counsel for the respondents to oppose the continuation of two worldwide freezing orders in connection with two ship sale and purchase agreements.

Career

August 2014: SEC International Advanced Advocacy Course, Keble College, Oxford

April / May 2014: Bar Council Exchange Programme in Seoul, South Korea

October 2011: Tenancy at Essex Court Chambers

2010-2011: Pupillage at Essex Court Chambers

2010: Call, Lincolns Inn

Education

2009-2010: Bar Vocational Course, BPP Law School

2008-2009: LLM Commercial Law (First Class), Magdalene College, Cambridge University

2004-2008: BA Jurisprudence (English and French Law) (First Class) Magdalen College, University of Oxford

University of Paris ll (Panthéon-Assas) (ERASMUS, Diplôme en Droit Français) 2007

Awards