Ishfaq Ahmed

Ishfaq Ahmed Shipping & Trade Profile

Ishfaq Ahmed has been practising at the Commercial and Admiralty Bar since October 2000 representing and advising in a wide range of commercial and shipping litigation and arbitration.  Ishfaq also practises in employment law.  

Ishfaq is a Member of the Commercial Bar Association, the London Shipping Law Centre, the Employment Law Bar Association, the Employment Lawyers Association, the Industrial Law Society, the Institute of Employment Rights and of Lincoln’s Inn. He is fluent in Urdu, has a working knowledge of French and is able to read and understand some Arabic and Persian script.

Practice Areas:

Shipping and Commercial

In respect of shipping and commercial matters Ishfaq’s range of work covers: arbitration; domestic and international carriage of goods; international trade; shipping (wet and dry); marine insurance; P&I Club issues; collision, salvage and towage disputes; fatal and non-fatal maritime accidents; maritime limitation of liability; conflict of laws, jurisdictional disputes and various aspects of international law (including treaties).

International Trade

• FOB/CIF sale contracts
• Documentary credits and associated finance

Arbitration

• International maritime and commercial arbitration
• Lloyds Form Salvage Arbitration

Insurance

• Disputes as to coverage and non-disclosure
• Construction of policies
• P&I Club issues

Shipping

• Charterparty and bill of lading disputes including Hague/Hague-Visby Rules, unseaworthiness claims, unsafe port disputes, disputes as to demurrage, hire and detention, liens
• General average
• Collision, salvage & towage disputes
• Fatal and non-fatal marine accidents
• Maritime Limitation of Liability

Conflict of Laws and Jurisdictional Disputes

• Anti-suit Injunctions and other jurisdictional and interim relief
• Brussels/Lugano Conventions & Council Regulation (EC) No 44/2001
• Choice of law for contractual and non-contractual obligations: Rome I Regulation (EC) No. 593/2008 and Rome II Regulation (EC) No. 864/2007

Cases include:

• Charterparty dispute concerning frustration of long term contract of affreightment worth several million dollars.
• Regularly advising on the proper interpretation and effect of commercial documents with ad hoc terms and/or incorporating international conventions including bills of lading, charterparties and other contracts. For example, recent advices have related to the proper interpretation and exercise of a lien/cesser of liability clauses, the proper measure of damages, war risks clauses, deviation, deadfreight clauses, “knock for knock” provisions in a towage contract, the CMR convention and the Warsaw Convention (as amended).
• Anti-suit injunctions obtained in respect of foreign proceedings brought in breach of English jurisdiction clause and/or vexatiously.
• Advising and representing in court in respect of relief under s.44 Arbitration Act 1996 and applications for freezing injunction and security for costs. 
• Advising and representing in respect of collisions between vessels and by vessels with harbour structures raising issues as to liability and betterment.
• Arbitration concerning liability for charterers’ rejection of delivery of gasoil on the basis of faulty discharge machinery raising complex factual, expert and legal issues. 
• Manufacturer’s and supplier’s liability in respect of faulty parts supplied for ship engines. 
• Consideration of the Brussels I regulation and the ECJ Owusu v Jackson decision and its impact on jurisdiction clauses and parallel proceedings in respect of non-Regulation states.

> Click to view Ishfaq Ahmed - Commercial and Employment Profile

Recent articles:

• ‘Clarifying forum shopping in absence of express choice’ published in Lloyd’s List on 15 December 2010
• Employment law update on the cases of Nolan v United States (Court of Appeal, redundancy) and Gisda Cyf v Barrett (Supreme Court, unfair dismissal).
• ‘Ultimate Scope of Vice in Marine Casualties’, published in Lloyd’s List on 28 October 2010
• ‘Salvage Awards: the Ocean Crown’ published in International Trade and Transport Newsletter, Vol. 1, Issue 5

Education:

2007        Postgraduate Advanced Award in Individual Employment Rights (Distinction)
2006        Postgraduate Advanced Award in International Law (General Principles)
1998-99     Inns of Court School of Law: Bar Vocational Course
1995-98     The University of Bristol: First Class Honours in LLB Law Degree

Awards and Scholarships:

July 1999     Lincoln’s Inn Megarry Scholarship (Pupillage Award)
Feb 1999     Lincoln’s Inn Hardwicke Scholarship
Oct 1997     University Scholarship for Result in First Part Final Examinations 1996-7
Nov 1996     Herbert Smith Law Prize for Outstanding Ability Demonstrated in Faculty Qualifying Examinations 1995-96