Tom Kelly
Partner
Tom acts on all aspects of marine and international trade litigation and international arbitration, covering dry shipping and ship/yacht building, in particular. Tom acts for some of the largest shipping and mining companies in the world, as well as on high value and complex disputes in the shipbuilding and offshore construction industry.
Tom is particularly known as one of the leading litigators in Shipbuilding, Offshore Construction and Superyacht Building disputes. He acts regularly for many of the largest shipbuilding companies around the world, from South Korean shipyards to European superyacht builders, as well as Owners with significant newbuild investment and projects.
Tom has acted in some of the leading High Court cases on shipbuilding projects, including "The Star Polaris" on shipbuilding warranty claims and "Adyard v Serco" on project delay.
Tom Kelly is an excellent lawyer and very skilled at handling clients.’ Legal 500 2025
Legal 500
Experience
Adyard v Serco [2010] – Three week trial concerning permissible delay arising out of force majeure and Class/Flag rules, concerning issues of critical path impact and repudiation of contract.
Star Polaris LLC v HHIC (“The Star Polaris”) [2017] – The leading case on the effect of shipbuilding warranty clauses and consequential loss.
Nobiskrug GmbH v Valla Yachts Ltd [2019] – Disputes arising out of the construction of the world’s largest sail assisted luxury motor yacht and specific project management of suppliers.
Havila Kystruten AS v Abarca Compania de Seguros AS and Hijos de Barreras v Havila Kystruten AS [2022] – Two week trial concerning disputes arising out of termination of two shipbuilding contracts and claims under the refund guarantee.
Acting in a permissible delay arbitration in relation to claims of $600 million in relation to the construction of semi-submersible drilling rig. This involved a 6 week arbitration hearing concerning numerous complex technical and legal issues and Class rules for harsh environment rigs.
Acting in arbitration claims of around $400 million with a total of 5 weeks in trial concerning the construction and warranty defect claims for new and prototype LNG containment systems on two LNG Carriers.
Acting in arbitration relating to superyacht construction and warranty disputes, turning a claim of €250,000 against the client Owner into an Award of €1 million in favour.
Acted for and advised on delay disputes concerning force majeure/strike impact on construction, both after the event and during newbuild projects.
Acting and advising in relation to claims under Refund Guarantees arising out of shipbuilding contracts.
Advising on standard shipbuilding terms and contract risks both before and during projects.