Tom Kelly profile photo

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 is known as one of the leading litigators in Shipbuilding, Offshore Construction and Superyacht Building disputes, acting regularly for many of the largest shipbuilding companies around the world, from South Korean shipyards to European superyacht builders.

Tom has acted for shipyards in some of the leading High Court decisions, including "The Star Polaris" on shipbuilding warranty claims and "Adyard v Serco" on project delay.

Experience:

• Adyard v Serco [2010] – Acted for shipyard in delay dispute, concerning issues of critical path impact and repudiation of contract.

• Star Polaris LLC v HHIC (“The Star Polaris”) [2017] – Acted for shipyard in the leading case on the effect of shipbuilding warranty clauses and consequential loss

• Nobiskrug GmbH v Valla Yachts Ltd [2019] – Acted for Shipyard in disputes arising out of the construction of the world’s largest sail assisted luxury motor yacht.

• Acting for shipyard in a permissible delay arbitration in relation to claims of $450 million in relation to the construction of semi-submersible drilling rig.

• Acting in arbitration relating to superyacht construction and warranty disputes

• Acted for shipyards in delay disputes concerning force majeure/strike impact on construction

• Acting 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