Fanos Theophani

Partner

Fanos has over 20 years’ experience specialising in all aspects of dry shipping, P&I and Defence, as well as international trade and multi jurisdiction commercial disputes. He regularly acts for a variety of clients, including shipowners, charterers, operators, traders, managers, P&I Clubs and H&M Underwriters. Fanos has extensive experience in London arbitrations (LMAA, ICC, and LCIA), the English Courts and resolution of dispute through mediation.

Fanos also advises clients on non-contentious issues, particularly in relation to drafting of charterparty terms.

Fanos is a Supporting Member of the LMAA, and speaks Greek.

He is recommended for his "clear thinking" by the Legal 500 UK Guide.

Experience

• SK Shipping Europe PLC v (3) Capital VLCC 3 Corp (5) Capital Maritime and Trading Corp [2020] EWHC 3448 (Comm) “C CHALLENGER”: acted for the successful Owners - a case involving alleged fraudulent misrepresentations, recession and damages under the Misrepresentation Act 1967, repudiatory breaches of charter, affirmation and reservation of rights, scope of an intermediate brokers authority and that of a guarantor.
• “SONGA WINDS” (2018) – A case on the construction and operation of P&I Club letters of indemnity for the delivery of cargo without the production of original bills of lading.
• (1) DELECLASS SHIPPING CO LTD (2) MWI SHIPPING SERVICES LTD v INGOSSTRAKH INSURANCE CO LTD (2018) – Security for costs against the claimant shipowners was denied where they had demonstrated this would probably stifle their claim on the basis of their precarious financial position.
• HC TRADING MALTA LTD v TRADELAND COMMODITIES SL (2016) - Where a party intended to commence arbitration on the basis of the disputed existence of a contract containing an arbitration clause, it would be wrong in principle for the court to intervene and entertain an application for a declaration that the parties had entered into a binding arbitration agreement.
• “GAZ ENERGY” (2011 and 2012) – speed and performance warranty – whether on proper construction the warranty was an all-weather or qualified warranty.
• “ETERNITY” (2009) – whether on proper construction the obligation to operate the inert gas system was absolute or to use due diligence, and the scope and application of the demurrage time bar clause.
• “LAZOS” – US District Court (SDNY) – 16 March 2007 – maritime Rule B attachment and Inter Club Agreement 1996.
• E D & F MAN SUGAR LTD v LENDOUDIS (2007) – Enforcement of Award and time bar limitation.
• “ACHILLEAS” (2007 and 2008) – leading case on late redelivery of a ship and assessment of damages.
• “EASTERN NAVIGATOR” (2006) – valid service of notice of arbitration by email.
• Motis Export Ltd v. Dampsikibsselskabet (1999) – delivery of cargo against forged bill of lading.