Mark Jones

Mark Jones Shipping & International Trade Profile

BA (Hons) - Oxford University

1998-2000 - Ince & Co

2000 - Called to the Bar (Lincoln's Inn, Kennedy Scholar)

Profile

Mark Jones has a broad commercial practice, with a particular focus on all matters relating to shipping (both dry and wet). His work covers all aspects of international trade, whether it be the carriage of goods, the sale of goods, or the related financial and insurance transactions. His expertise extends to all corners of the shipping industry, from charterparties to salvage, from cargo claims to collisions, from ship finance to performance guarantees, and from marine insurance to general average. He has a particular specialism in shipbuilding disputes and cases arising out of contracts for the sale and purchase of second hand tonnage.

He acts in arbitrations both in London and abroad, and appears regularly in the English Courts. He also provides expert evidence on English maritime and commercial law for use in foreign proceedings.

Before commencing his career at the Bar, Mark trained as a litigation solicitor at Ince & Co focusing on shipping and insurance matters.

Mark is recommended in Chambers & Partners and the Legal 500 as a leading barrister in the field of Shipping, he is particularly noted for “his expertise in shipbuilding and ship purchasing disputes.”

Mark Jones joins the rankings this year following exceptional feedback from the market. Previously a solicitor with Ince & Co, he has valuable experience and a strong client base to draw from. Sources say: "He is an effective operator with a great sense of humour." (Chambers & Partners 2012)

Mark Jones pays ‘phenomenal attention to detail and gives prompt and pragmatic advice'. (Legal 500 2011)

 

Particular Areas of Expertise

• Shipping and International Trade:
  • “Dry” shipping (inc bill of lading/charterparty disputes, time charter disputes, unseaworthiness claims, unsafe port disputes and other cargo claims).
  • “Wet” shipping / Admiralty claims (including salvage, marine limitation of liability and pollution claims).
  • Ship Building and Sale & Purchase (including guarantee wordings).
  • Sale / Carriage of goods by air, road, rail and sea, including domestic and international commodity disputes.
  • Maritime Crime / Regulatory Issues.
• General Commercial:
  • All aspects of general commercial practice, both international and domestic.
  • Conflict of laws / jurisdictional issues.  
• Banking:
  • Surety, guarantee and performance bond disputes.
  • Trade-related finance (including documentary credits and bills of exchange).
  • Loan & other finance agreements.
• Insurance and Reinsurance:
  • Marine and non-marine.
  • Disputes as to policy construction, coverage and non-disclosure.
  • Brokers.

Examples of Recent Cases of Note:

Shipbuilding and ship sale/purchase:

• Acting in 4 ongoing arbitrations arising out of the cancellation of 4 shipbuilding contracts for 4 multi-purpose container vessels each worth in excess of US$6million.
• Advising the bank standing behind the buyers of 8 newbuild chemical tankers, each with a price of US$26.6million, in the context of ongoing arbitrations between the buyers and sellers.
• Acted for buyers (and their financial backers) of 2 newbuild bulk carriers, in 2 London arbitrations involving potential claims with a total value of US$70 million and raising difficult issues about guarantees, anticipatory breach and renunciation, and the scope of ‘without prejudice’ communications.
• Advising in relation to cancellation and renegotiation of numerous shipbuilding contracts and recoveries of substantial monies already paid (including on a US$260 million project for the construction of 10 chemical tankers).
• Acting for sellers in their defence of claims in excess of US$12.5million brought by the buyers in London arbitration proceedings.
• Acting in various cases concerning substantial pleasure yachts (including for Russian owners of a super-yacht in a warranty claim for Euros 1.75 million).

Other ‘Dry’ Shipping:

• Acting in well-known multi-faceted and multi-jurisdictional dispute arising out of the total loss of a bulk carrier and its cargo. Mark acted for the charterers in their arbitration against the owners concerning cargo claims worth in excess of US$14million.
• Multi-party Commercial Court proceedings concerning charterparty claims of over US$1 million arising out of a collision.
• Acting in claim for compensation from charterers following the exercise of a contractual withdrawal clause. Case raises complex and novel issues of law.
• Advising mangers in dispute with owners about managers’ decision to acquiesce to charterers putting vessel off-hire at a loss of over US$1million in earnings.
• Acting for the owners in a dispute with charterers worth about US$2.75 million about the correct operation of a ‘substitution clause’ and the appropriate adjustment to be made to the hire rate under a long-term charterparty.
• Acted for ship owners in defence of US$3.6m Commercial Court claim arising out of the carriage of a mobile drilling rig.
• Acted for owners in dispute arising out of a Contract of Affreightment involving the carriage of pipes from China to Venezuela in which owners were defending claims made by the charterers for non-performance in excess of US$4.6 million.
• Acted for shipowners and container lines in various major losses of containerized cargoes involving high value claims by multiple parties in multiple jurisdictions and raising complex issues of jurisdiction and marine limitation of liability.
• Advised charterers in a significant dispute arising out of the charter of a cruise ship, claims in the region of Euro 50million.
• Buyuk Camlica Shipping Trading & Industry Co Inc v Progress Bulk Carriers Ltd [2010] 1 Lloyd’s Rep. Plus 102: acted for successful charterers in arbitration involving numerous disputes under long term charter, and on subsequent appeal to the Commercial Court regarding the operation of the Arbitration Act 1996.
• The Sea Angel [2007] 2 Lloyd’s Rep. 517 (Court of Appeal), [2007] 1 Lloyd’s Rep. 335 (Commercial Court): acted for successful sub-contracting salvors in claims arising out of the large scale “TASMAN SPIRIT” casualty in Pakistan in the Commercial Court and then in the Court of Appeal involving novel and important issues relating to the doctrine of frustration of contract.
• The ‘Starsin’ [2004] 1 AC 715 (House of Lords): acted for the successful appellant shipowners / demise charterers on appeal to the House of Lords in one of the most important shipping cases in recent years involving a wide range of issues relevant to the carriage of goods under bills of lading.

Marine Insurance:

• Advising charterers of vessel which suffered significant damage caused by a chemical cargo, involving claims of circa US$12 million made under the relevant charterparties and insurance policies and raising difficult questions about (i) the inter-relationship between dangerous cargo and seaworthiness obligations, and (ii) the application of the doctrine of inherent vice.
• Acting for hull underwriters in claim for the recovery from their insured of some US$1,750,000 paid out following the grounding of a vessel.
• Advised owners in relation to claim for $2.4million under P&I cover, and in particular as to the operation of the “pay to be paid” clause and the proposed structure of the underlying settlement.

Wet Shipping:

• Acting in proceedings in the Admiralty Court arising out of a collision involving multiple parties and claims totaling circa US$19million.
• Acting in the Admiralty Court proceedings following the grounding of the “MSC NAPOLI” for well-known charities seeking to recover pollution clean-up costs.
• Acted for owners in arbitration arising out of the collision between their vessel, a fully laden container ship, and a laden oil tanker at Mumbai.
• Acted in various LOF and ad hoc salvage arbitrations for both ship and cargo interests.
• Acted for ship respondents in their appeal to the Lloyds Appeal Arbitrator, successfully reducing the salvage award reduced from US$2.75 million to US$2.2 million.

Maritime Crime & Regulations:

• Niche practice advising and defending owners and managers in prosecutions brought by the UK authorities / the Maritime and Coastguard Agency (having formerly acted as prosecuting counsel for the MCA).

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Education & Legal Training

Mark was a scholar at Winchester College before going on to study Law at Oxford University (St Edmund Hall), graduating in 1996.  He completed the Legal Practice Course at the College of Law in London, and then spent 2 years training as a solicitor at Ince & Co, London, specialising in shipping, (re-)insurance, and general commercial litigation.

Mark then moved to the Bar in 2000, and was awarded a Kennedy Scholarship by Lincoln's Inn.  He completed his 1^st 6 months of pupillage at Essex Court Chambers (Gordon Pollock QC) and his 2^nd 6 months at Stone Chambers (Steven Gee QC).  He joined Stone Chambers as a tenant in 2001.

Professional Memberships

Commercial Bar Association (COMBAR)

London Common Law and Commercial Bar Association.

British Maritime Lawyers Association (BMLA).

Supporting member of the LMAA.

• Mark is a member of two of the BMLA's working groups: one considering the UK Government's proposals for the implementation of the Bunkers Convention 2001, and the second considering the implementation by the UK of the European Directive on Environmental Liability.

London Shipping Law Centre

• Mark has appeared as a speaker at their professional seminars.