Adam Board

Professional practice

Adam acts and advises as counsel in commercial litigation and international arbitration cases. He has a varied practice, with particular interests in shipping, commodities, civil fraud, energy, restitution and the conflict of laws. He is ranked in the Legal 500 (2022 edition) in the ‘Commodities’ and ‘Shipping’ practice areas (Tier 3), described as “a very sharp and clear thinker”, “skilled and confident in drafting and providing tactical and procedural advice”, and “highly effective, highly efficient, and highly recommended”. The 2021 edition described Adam as “clever” and “able to get to the heart of complex disputes”.

Adam is often instructed in high value litigation, as sole counsel or as part of a team of barristers. His recent cases include appellate experience, including appeals to Supreme Court, Court of Appeal, and arbitration appeals to the Commercial Court. Adam’s practice also includes commercial trials and interim applications, with recent instructions including applications for freezing orders, anti-suit injunctions, commercial trials, and international commercial arbitrations.

Adam frequently appears as counsel in an arbitration context. He has experience in proceedings governed by the arbitration rules of the ICC, LCIA, UNCITRAL, LMAA, SIAC, SCMA, and the Chartered Institute of Arbitrators. He is also experienced in arbitration-related court proceedings, such as applications for interim relief in support of arbitrations and appeals and challenges to arbitral awards.

Adam’s cases usually involve an international element. He has experience acting for sovereign states and in cases involving foreign substantive and procedural laws. He has appeared in arbitration hearings in Singapore and has advised on matters of English law in connection with German court proceedings.

Adam is one of several members of Essex Court Chambers who volunteer to support the Social Mobility Foundation.

Examples of Recent Cases

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

International Arbitrations (London, LMAA Terms, 2021). Adam is instructed on behalf of a major Korean shipbuilder in proceedings relating to the construction of two LNG vessels. The disputes raise complex issues of marine engineering and vessels worth in excess of US$400m. Adam is led by Christopher Smith KC.

Aspen Underwriting Ltd (& Ors) v. Credit Europe Bank NV, [2020] UKSC 11, [2018] EWCA Civ 2590. Adam successfully acted for the respondent bank in two related appeals concerned with the rules of jurisdiction applicable to assignees, matters relating to insurance, and restitution claims under the Brussels Re-Cast Regulation 1215/2012. The appeals were heard by a panel of 7 Justices of the Supreme Court in early November 2019, with judgment handed down in April 2020 in which the Bank prevailed on all issues decided. Adam was led by Steven Berry KC.

the respondent buyers in two related arbitration appeals on preliminary issues concerning the cancellation of shipbuilding contracts. The judgment of Butcher J. provides updated and helpful guidance on the scope of the ‘permissible delay’, cancellation and notice requirements of the SAJ Form, with notable differences in approach taken in earlier cases. Adam was led by Roderick Cordara KC.

International Arbitrations (London, LCIA Rules, 2021). Adam was instructed on behalf of the claimant in two disputes 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, 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).

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.

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.

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 is one of the few authorities to deal with declaratory relief for contempt of court and the relevance of context to the true construction of a court order. 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.

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 case is a rare example of the equitable jurisdiction to forfeit an agent’s contractual remuneration. 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.

Adam also has a busy advisory practice, with clients in the shipping, shipbuilding, energy, and other sectors. His recent instructions include work in the following areas: (i) the exercise of contractual rights in response to the COVID-19 pandemic; (ii) applications for interim injunctive relief in support of arbitral proceedings and in connection with a joint operating agreement; (iii) allegations of illegal trading under foreign laws on claims arising out of long-term charterparties; and (iv) the construction and application of Himalaya clauses in bills of lading in relation to potential cargo claims.

What Others Say

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:

(Leading Juniors, Tier 3): “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:

(Leading Juniors, Tier 3): “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:

(Leading Juniors, Tier 3): “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:

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 Arbitrations (London, LMAA Terms, 2021). Adam is instructed on behalf of a major Korean shipbuilder in arbitrations and related court proceedings relating to the construction of two LNG vessels. The disputes raise complex issues of marine engineering and vessels worth in excess of US$400m. Adam is led by Christopher Smith 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. 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 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 recent examples of Adam’s cases in this area:

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.

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 (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.

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 (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.

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 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 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, 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 is 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 also on foot in an EU Member State.

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 Street.

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 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 is instructed as counsel for the sellers in a dispute 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