Nicholas Craig KC

“A powerful oral and written advocate” who is, nevertheless, “very calm at all times”, Nicholas has been recommended in the directories for international arbitration for a number of years. Recognised as someone who “destroys his opponents”, he has appeared as sole or lead counsel in commercial arbitrations conducted under ICC, LCIA, DIFC-LCIA, SIAC, DIAC, AAA, SCC and UNCITRAL rules as well as ad hoc arbitrations in a wide range of disputes with seats in London, New York, Dubai, Abu Dhabi, Nairobi, Dar es Salaam, Miami, Hong Kong, Singapore and Stockholm. By virtue of this experience, he is well accustomed to acting as counsel against opponents from other jurisdictions. Nicholas also has experience of arbitrations before many of the international trade associations (including the LME, the RSA, FOSFA, GAFTA and the ICA) and the LMAA. He is often instructed on applications to Court in connection with international arbitrations.

Commercial arbitrations:

Some of the cases in which Nicholas has been involved are as follows (due to the confidential nature of these disputes only limited details can be given):

Sole Counsel for the Respondent in a claim brought by a government agency of an African state in which it was alleged, among other things, that the seller under a contract for the sale and purchase of MOGAS had defrauded the buyers.

Lead Counsel for an insurer seeking negative declarations under a D&O policy where the respondent director had been found, under the relevant capital markets law, to have manipulated the financial statements of a publicly listed company and faced claims from shareholders in excess of US$400m.

Lead Counsel for the Claimant in a claim for fraudulent misrepresentation and breach of warranty under a sale and purchase agreement where financial statements had been manually manipulated prior to sale.

Lead Counsel for the Claimant investment fund in relation to lending under a recoupable investment agreement.

Lead Counsel for the Claimant property fund in a claim for monies due following the sale of shares in various property-owning companies.

Lead Counsel for the Claimant investment fund in a dispute arising under a shareholders agreement where, among other things, the majority shareholders were seeking to dilute the shareholding to the detriment of a minority shareholder.

Lead Counsel for the Respondent insurers in a claim brought under a trade credit insurance policy where the Claimant insured had been engaging in synthetic trading.

Lead Counsel for an African state in an LCIA arbitration where the claimants alleged that it had defaulted on an agreement pursuant to which they were going to provide certain infrastructure. The claim raised, among other things, issues of bribery as well as of local procurement law.

Lead Counsel for the Claimant in four consolidated arbitrations under UNCITRAL Rules administered by the PCA and seated in New York against an international inter-governmental organisation concerning disputes arising under contracts for the provision of goods and services.

Counsel for the Claimant in an LCIA arbitration seated in London for monies due under an agreement for the sale of shares in four companies with assets in Russia.

Lead Counsel for a Respondents in an LCIA arbitration seated in London in respect of a claim for alleged breaches of restrictive covenants in an agreement for the purchase of shares in a company operating a digital advertising business.

Counsel for the Respondents in an LCIA arbitration seated in London concerning disputes that had arisen with a sponsor investor under a number of shareholders agreements: wide-ranging allegations of fraud and dishonesty in several European jurisdictions were made.

Acting for an entity involved in the construction of a hotel development in Dubai following termination of contractual arrangements.

Sole Counsel for the Claimant in an ICC arbitration seated in New York arising out of the termination of an agreement for the manufacture and distribution of a product to be used in the life sciences sector.

Lead Counsel for the Respondent in a DIAC arbitration seated in Dubai arising out of a dispute following the termination of an agreement to provide armed escorts for vehicles supplying troops in a war zone.

Sole Counsel for the Claimant in an ICC arbitration seated in Hong Kong arising out of a dispute following the termination of an agreement for the manufacture and distribution of a pharmaceutical product.

Court applications:

Nicholas has a wealth of experience in making applications to Court in connection with arbitrations including anti-suit injunctions, applications for a stay under s9 of the Arbitration Act 1996, applications under ss67, 68 and 69 of the Act and applications to enforce Awards. In addition to regular appearances in the Commercial Court on such applications, he has also made arbitration related applications in the DIFC Court.

Some of the reported cases in which he has been involved include the following:

P v D, E and F [2019] EWHC 1277 (Comm)

Silverburn Shipping (IOM) Ltd v Ark Shipping Co LLC [2019] 1 Lloyd’s Rep 554.

Golden Ocean Group Limited v Humpuss Intermoda Transportasi Tbk Ltd [2013] EWHC 1240 (Comm); [2013] 2 Lloyd’s Rep 421

AIOI Nissay Dowa Insurance Co v Heraldglen Ltd [2013] EWHC 154 (Comm); [2013] Lloyd’s Rep IR 281

CMA CGM Marseille v Petro Broker International [2011] EWCA Civ 461; [2011] Arb LR 11

Michael Wilson & Partners v John Forster Emmott [2008] 1 Lloyd’s Rep 616

Bulk Trading v AP Moeller [2007] 1 Lloyd’s Rep 61

CSAV v MS ER Hamburg Schiffahrtsgesellschaft MbH & Co KG [2006] 2 Lloyd’s Rep 66

World Trade Corporation v C Czarnikow Sugar Limited [2005] 1 Lloyd’s Rep 422.

“Supremely intelligent” and a “man of good judgement who inspires confidence” Nicholas is recommended as a leading silk for commercial dispute resolution.  Described as someone who is “incredibly good at teasing out complex issues and giving the right advice” and who “has really good commercial sense”, he has significant experience acting in substantial and complex commercial disputes.  Regularly instructed in international disputes, he is noted for his conflict of law and jurisdictional knowledge. Described as someone who “gets to grips with all the detail extremely quickly”, Nicholas is regularly instructed on interlocutory matters (including jurisdiction disputes, applications for interim remedies such as freezing, search, imaging and Norwich Pharmacal orders and letters of request) and trial as well as in connection with the enforcement of judgments and arbitration awards (both English and foreign).

Heeschen v Windhorst: acting for the Claimant in seeking to enforce the terms of a settlement agreement pursuant to which shares in Heckler & Koch were to be transferred

Re Birmann: acting for the judicial administrator of the insolvent legal estates of a Brazilian businessman in a claim asserting proprietary and personal rights against assets transferred to a Cayman entity

Acting for one of the shareholders of a company which owns significant Russian media assets in a claim for monies due under a deed of settlement reached subsequent to the exercise of a put option

Acting for a minority shareholder (private equity fund) that had invested in a company where the majority shareholders were seeking to dilute the shareholding

Acting for the majority shareholder in an unfair prejudice claim brought in arbitration in relation to a company operating a food delivery business and in circumstances where the minority shareholder/director had been found to have been creating a copycat business

Acting for minority shareholders in a property development company where security in some of the property owned by it had been granted to a person related to the majority shareholder without requisite shareholder approval

Acting for one of three defendants in a claim under an alleged JV agreement in relation to a property development. The claim included allegations of conspiracy, breach of trust and dishonest assistance.

Acting on behalf of investors under a recoupable investment agreement for the development of three video games.

Instructed by two shareholders of a number of fuel companies seeking declarations of 100% ownership in circumstances where, among other things, it was alleged that stock transfer deeds had been forged

Acting for a shareholder in a company which was a part-owned subsidiary of an international drinks company in a claim for breach of a shareholders agreement following an attempt to merge companies under Directive (EU) 2017/1132

Acting for the owners of landfill sites in a claim against a former employee and a number of companies in conspiracy, bribery and fraud following deposits of intentionally misdescribed waste

Acting for a pharmaceutical company following the termination of a production agreement pursuant to which it had exclusive rights to produce a drug

Acting for the sellers of web-based media sales company following their exercise of a put option in a claim for alleged breach of restrictive covenant

Acting for a North African football club in a claim relating to media rights and a player transfer

Bailey v Angove’s Pty Ltd [2016] 1 WLR 3179 (also [2013] EWHC 215 (Ch), [2014] EWCA Civ 215

Worldview Capital Management SA v Petroceltic International plc [2015] EWHC 2185 (Comm)

Alliance Bank JSC v Zhunus & ors [2015] EWHC 714 (Comm)

Desarrollo v Kader Holdings Company Ltd. [2014] EWHC 1460 (QB)

Tuthill v Equine FX Ltd [2013] EWHC 1207 (Comm)

Clinisupplies Ltd v Park [2012] EWHC 3453 (Ch); [2012] EWHC 3209 (Ch)

HSH Nordbank AG v SAAD Air (A320 No. 2) Ltd [2012] EWHC 3213

Double G Communications Ltd v News Group International Ltd [2011] EWHC 961 (QB).

Celestial Aviation Trading 71 Ltd v Paramount Airways Private Ltd [2011] 1 Lloyd’s Rep 9

Clanbrassil Trust Company v Clanbrassil (Nominees) Ltd [2011] EWHC 1163 (Ch)

Agilo Limited v Mark Henry & William Henry  [2011] BPIR 297

Tarkin AG v Thames Steel UK Ltd [2010] EWHC 207 (Comm)

Dunlop Haywards (DHL) Ltd v Barbon Insurance Group Ltd [2010] Lloyd’s Rep IR 149

Jackson Distribution Ltd v Tum Yeto Inc. [2009] EWHC 982 (QB)

“A confident and effective advocate” who is “very user friendly”, Nicholas regularly acts for retail and investment banks and other financial institutions, domestic and international investment funds and private investors. Recommended in the Legal 500 for Banking and Finance, he has particular experience of investment and retail banking disputes arising out of securitised lending, financial instruments (including derivatives and related products), bonds, guarantees, mortgages (including ship mortgages) and fraud.  ISDA, futures contracts as traded on various exchanges, syndicated loans, mortgages (particularly ship mortgages) and guarantees.  Some of the matters in which he has been involved include the following:

Acting for the claimant in a dispute arising under a Token Issuance Agreement where there has been a failure to issue cryptocurrency assets in the form of ERC-20 fungible tokens

Acting for the claimant investment fund in relation to lending under a recoupable investment agreement

Acting for an investment fund in a dispute under a shareholders agreement.

Lombard North Central plc v European Skyjets Ltd (in liquidation) & ors [2022] EWHC 728 (QB). Acting for Lombard in a claim for monies due under a secured facility where the Defendant asserted that it breached various alleged obligations and was liable in damages

Acting for various banks following various events of default under both a conventional lending facility and an Islamic facility

Acting for an investment fund in a claim brought by a German bank for monies allegedly due under a shareholder agreement (following the convictions of a number of directors of the bank)

Instructed by the sellers of a cargo of mixed scrap steel following the failure of the buyers to open a letter of credit. Defences of force majeure and frustration were raised by the buyers which required consideration of the effect of Covid on the banking system in a Middle Eastern country.

Advised members of a limited liability partnership on the terms of security arrangements proposed by its bank

Acting for companies who resisted an application for an interim injunction to restrain a number of bond calls

Instructed by a number of guarantors in relation to a claim brought by a bank in connection with a facility agreement pursuant to which monies were loaned for the purposes of purchasing a commercial vessel

Alliance Bank JSC v Zhunus & ors [2015] EWHC 714 (Comm).  Acting for a Kazakh bank in a claim against a number of individuals for an alleged fraud for approximately US$300 million.

Banks v Barclays Bank.  Instructed by Barclays Bank in connection with the proper construction of a Deed of Priorities.

Tuthill v Equine FX Ltd [2013] EWHC 1207 (Comm).  Acted for claimant who was the victim of a £2 million fraud following a foreign exchange transaction.

Acted for Bayerische Landesbank in a dispute with Sparebanken Oest arising out of a syndicated loan agreement to an Icelandic entity in which they had both participated and under which Bayerische Landesbank was also the facility agent.

Acted for a trader in a dispute with its bank over the way in which a swap had been effected under contracts subject to the ISDA Master Agreement.

Advising in connection with the closing out of positions on a number of derivative instruments under the ISDA Master Agreement terms.

Acted for an investment bank in relation to monies owed under a trading account for margin calls (subject to arbitration before the London Metals Exchange).

Tarkin AG v Thames Steel UK Ltd [2010] EWHC 207 (Comm).  Acted for a buyer of steel scrap claiming under a guarantee.

Falcon Relative Value Fund Limited v Standard Bank plc.  Acting for Standard Bank in a dispute over the allocation of deposits under a number of ISDAs.

“A very calm performer and very good with clients,” Nicholas has significant experience of heavy commercial fraud cases including asset tracing, claims for equitable relief and applications for urgent injunctive relief (including freezing, search, imaging and Norwich Pharmacal orders).

Some of the cases in which he has been involved are as follows:

Lead Counsel for the Claimant in a claim for fraudulent misrepresentation and breach of warranty under a sale and purchase agreement where financial statements had been manually manipulated prior to sale.

Lead Counsel for an insurer seeking negative declarations under a D&O policy where the respondent director had been found, under the relevant capital markets law, to have manipulated the financial statements of a publicly listed company and faced claims from shareholders in excess of US$400m.

Lead Counsel for an African state in an LCIA arbitration where the claimants alleged that it had defaulted on an agreement pursuant to which they were going to provide certain infrastructure. The claim raised, among other things, issues of bribery as well as of local procurement law.

Counsel for the Respondents in an LCIA arbitration seated in London concerning disputes that had arisen with a sponsor investor under a number of shareholders agreements: wide-ranging allegations of fraud and dishonesty in several European jurisdictions were made.

Instructed by two shareholders of a number of fuel companies seeking declarations of 100% ownership in circumstances where, among other things, it was alleged that stock transfer deeds had been forged

Instructed by an insurer in proceedings (subject to arbitration) for declarations of avoidance of a credit risk policy against various banks and the original assured on the grounds that various alleged underlying transactions concluded with third parties were fraudulent.

Alliance Bank JSC v Zhunus & ors [2015] EWHC 714 (Comm).  Acted for a Kazakh bank in a claim against a number of individuals for an alleged fraud for approximately US$300 million.

OTC Deriv v Trang.  Instructed in a claim against a former employee who misappropriated about £1.5 million

Tuthill v Equine FX Ltd [2013] EWHC 1207 (Comm)

Acted on behalf of a state-controlled company in a dispute (subject to ICC arbitration) relating to the level of commission to be paid to a third party on an inter-state contract for the supply of arms where serious allegations of fraud and forgery were raised.

“Intelligent and hardworking, while always remaining approachable and open to ideas from even the most junior members of the team” Nicholas is recommended as a leading silk in Energy disputes with experience across a wide range of commercial energy work including joint ventures, upstream and downstream oil and gas as well as onshore and offshore infrastructure. Some of the cases in which he has been involved are as follows:

Acting for the claimant in a claim for fraud and breach of warranty following its acquisition of an East African energy business

Acting in a number of disputes concerned with the operation of fuel deliveries to commercial aircraft at airports in various countries in the Caribbean

Instructed by the shareholder in a company with rights under an agreement for the exploration and development of an oilfield in sub-Saharan Africa following a management buy-out and alleged share transfers

Instructed by a national energy supplier in connection with a dispute that arose in relation to a power station and a proposed power purchase agreement.

Acted in an arbitration (seated in Miami) in claim for breach of warranty and restitution under an agreement for the sale of a downstream oil business.

Acted in an ICC arbitration on behalf of a company which owned the rights to a gas field in the Ukraine in relation to commission allegedly due on its sale.

Acted on behalf of the owner of various rights associated with coalbed methane deposits in an area in Indonesia in a dispute under a Participation Agreement in an ICC arbitration with its seat in Singapore.

Acted in connection with the enforcement of an ICSID award in favour of individuals who had invested in oil transportation infrastructure.

Acted for insurers in a claim against marine warranty surveyors involved in the supervision and load-out of part of an oil platform (subject to arbitration before the LCIA).

Nicholas, who “has consistently shown a strong grasp of the relevant industry (in for example aviation …) and the client’s commercial drivers, as well as being an excellent advocate” is ranked as a leading silk in this area in both Chambers & Partners and Legal 500. He has experience on the commercial side of aviation, particularly of aircraft leases and insurance.  Some of the cases in which he has been involved include the following:

Djinn Issuer Designated Activity Company & or v Vietjet Aviation JSC [2023] EWHC 2650 (Comm). Acting for the lessor in claim for monies due under two aircraft leases

Acting for lessor in claim for monies due under guarantee following detention of an aircraft in Russia

Instructed by the lessor of an aircraft situated in Ukraine with respect to possible claims under a war risks policy

Instructed by the sellers of a Bombardier aircraft following termination of the sale contract by the buyer

Acting on behalf of lessors of a commercial aircraft following non-payments of rent by the lessees

Instructed by the sellers of a number of A320s following a notice of termination given by the buyers

Instructed by assignees of a secured debt seeking to enforce against an aircraft

Acting in a number of disputes concerned with the rights to deliver fuel to commercial aircraft at airports in various countries in the Caribbean

Acting for the lessee of two commercial aircraft in a claim for damages for alleged lost rental income and for repair/maintenance costs.

Acting for the lessor of a commercial aircraft in claims for rent and supplemental rent as well as redelivery against a Bulgarian airline.

PAFCO A319/1886 SPV Ltd v National Private Air Transport Services (National Air Services) Limited & ors.   Acting for lessor in a claim against a Saudi Arabian airline in connection with monies due under the lease for rent and supplemental rent and the enforcement of the lessee’s maintenance obligations.

AWAS v Kingfisher Airlines & ors. Acted for various entities managed by AWAS in claims for monies due from Kingfisher under 5 aircraft leases.   He obtained summary judgment (from Cooke J) in the total sum of about US$100 million in June 2014

HSH Nordbank AG v SAAD Air (A320 No. 2) Ltd [2012] EWHC 3213.  Acted on behalf of Swiss company seeking evidence filed with the Court on a summary judgment application.

Acted for a lessee in a potential claim against a lessor where the lessor alleged that the lessee was in default and in consequence it was entitled to make a demand on a standby letter of credit (resolved confidentially).

Acted for various lessors in arbitration before the LCIA following the default under a number of leases by a Russian airline.

Celestial Aviation Trading 71 Ltd v Paramount Airways Private Ltd [2011] 1 Lloyd’s Rep 9.  Acted for the lessor of 3 commercial aircraft in a claim by the lessee for relief against forfeiture.

Aviation Development International Ltd v CJSC Russptsstal. Acting for the third party owner of an aircraft against which the claimants were seeking to enforce judgment in default obtained against the defendant.

Acted for a broker in connection with a potential claim concerning the placement of insurance for a number of different aircraft on the AVN 67B wording.

With “an incisive mind” and a “knack for cutting through the issues on complex insurance disputes”, Nicholas has been recommended for insurance and reinsurance in Chambers & Partners and the Legal 500 for a number of years. He has experience of a wide range of work across numerous sectors and in different jurisdictions and is a “go-to barrister for complex insurance disputes subject to Middle Eastern law”. His clients include Lloyd’s syndicates, major insurance and reinsurance companies, captives, brokers and insureds (companies, institutions, professionals and individuals).

Some of the cases in which he has been involved are as follows:

Horizon Energy LLC v Al Buhaira National Insurance Company [2022] DIFC CA 015 (4 May 2023) Acting for insurer in claims for declarations that policy was void or for non-liability under policy of marine insurance

AIG & ors v Qatar Insurance Company [CFI 003/2022] (29 August 2022) Acting for reinsurers in claim for declaration of non-liability under reinsurance contracts in reliance upon the Sanctions, Limitation and Exclusion clause.

Acting for a fronting insurer in a claim under a D&O policy brought by the former director of a publicly listed telecommunications company in the Middle East against whom various claims have been brought for the fraudulent manipulation of financial statements (in arbitration)

Acting for a fronting insurer in a claim brought under a credit risk policy for the sale of various soft commodities (in arbitration). The claim involved, among other things, issues of non-disclosure under Hong Kong law and whether synthetic trading was covered.

Acting for reinsurers under a retrocession contract in a claim for a declaration of non-liability following non-payment of premium (the underlying policy was a Property All Risks & Business Interruption Policy for the assets of an energy generating company)

Acting for an insurer in a claim under a CAR policy in respect of a project to lay an oil pipeline.

Acting for an insurer in proceedings for declarations of avoidance of a credit risk policy against various banks and the original assured on the grounds that various alleged underlying transactions concluded with third parties were fraudulent (subject to arbitration).

R&Q Insurance (Malta) Ltd & ors v Continental Insurance Co [2017] EWHC 3666 (Comm).  Acted for a reinsurer in a claim brought against it following payment by an insurer of claims under various policies of excess liability umbrella coverage in circumstances where the original contracts and slips did not exist.

Acting on behalf of an assignee of claims under an ATE policy against a Liechtenstein based insurer.

Acted on behalf of a major phone manufacturer in a claim under a policy of credit risk insurance following the insolvency of Phones4U.

Hyundai Marine & Fire Insurance Co Ltd & ors v Houlder Insurance Services Ltd & ors. Acted for the claimant in a claim against brokers in connection with the placing of insurance for refund guarantees.

AIOI Nissay Dowa Insurance Co v Heraldglen Ltd [2013] EWHC 154 (Comm); [2013] Lloyd’s Rep IR 281.

Dunlop Haywards (DHL) Ltd v Barbon Insurance Group Ltd [2010] Lloyd’s Rep IR 149

Heesens Yacht Builders v Cox Syndicate Management Ltd & ors [2006] 2 Lloyd’s Rep 35, CA; [2006] Lloyd’s Rep IR 103

Cadre S.A. v Astra Asigura [2005] EWHC 2504 (Comm)

“Astute, responsive and confidence-inspiring”, Nicholas has been recommended as a leading junior in the directories for Professional Negligence for a number of years.  His experience is wide-ranging and includes claims against surveyors, accountants, solicitors, financial advisors, insurance brokers, engineers and architects.  Some of the cases in which he has been involved are as follows:

HDI-Gering v Rentokil.  Acting on behalf of a food manufacturer in a claim against Rentokil for its failure properly to control pests.

Instructed by claimant insurers in connection with a claim for professional negligence against a ship surveyor (in arbitration).

Instructed by a firm of accountants in connection with a claim for allegedly negligent financial advice.

Acted on behalf of a number of companies that acted variously as Pensioneer Trustee and to provide various administrative services in relation to a pension fund against whom a claim had been made on account of alleged negligent advice in connection with the purchase of a property by the fund.

Rieter Machine Works Limited v Parker.  Acted on behalf of a manufacturing and textile machinery company in a claim against a broker in connection with the placement of a policy of export credit insurance.

The m/v “Cala Palma”.  Acted (with Christopher Symons QC) on behalf of insurers/reinsurers in a claim in the Commercial Court against the Salvage Association in respect of the negligence on the part of one of its surveyors in his survey of a shipyard prior to extensive works being carried out to a number of vessels.  This negligence caused damage to one of the vessels in a sum in excess of US$50 million.  (Judgment July 2011, unreported).

Dunlop Haywards (DHL) Ltd v Barbon Insurance Group Ltd [2010] Lloyd’s Rep IR 149.  Acted for sub-brokers in Part 20 claim brought against them by brokers in connection with the placement of a policy of professional indemnity insurance.

Acting for Platform Funding Limited in various claims against a number of different firms of solicitors on account of negligence in and about the handling of the arrangement of various mortgages.

Acted for a broker in connection with a potential claim concerning the placement of insurance of a number of different aircraft on the AVN 67B wording.

Acted for insurers in a claim against marine warranty surveyors involved in the supervision and load-out of part of an oil platform (subject to arbitration before the LCIA).

Acted for financial advisers in a dispute concerning certain with-profits policies.

“A go-to junior who is reliable, user friendly and tactically aware”, Nicholas has been recommended as a leading junior for commodities work for a number of years.  His practice covers all aspects of international trade and commodities. He is regularly asked to assist in disputes before the LCIA, the LME, the Refined Sugar Association, FOSFA and GAFTA and the International Cotton Association.  He has also acted for investment banks in connection with disputes arising on various futures exchanges including ICE and LIFFE.  Some of the cases in which he has been involved are as follows:

Acting for the claimant in a claim arising out of a 15 year, multi-billion contract for the supply of grain by one state-owned entity to another (before GAFTA).

Acted on behalf of sellers in dispute with Chinese buyers in disputes under a contract for the sale of soya beans (before FOSFA).

Acted on behalf of sellers in an arbitration before the LCIA concerning a sale contract for the supply of scrap steel alleged by the Respondent to be void for illegality because it was connected to an Iranian entity which was the subject of sanctions.

Acted on behalf of a number of Saudi Arabian companies in disputes over a number of grain contracts with their suppliers (before GAFTA).

Acted on behalf of an Egyptian purchaser of cotton from American sellers in a dispute before the International Cotton Association.

CMA CGM Marseille v Petro Broker International [2011] EWCA Civ 461.  Acted for a bunker supplier in a dispute with a well-known container line in connection with a supply contract.

Acted for an investment bank in an arbitration before the London Metals Exchange in relation to monies owed under a trading account for margin calls.

Tarkin AG v Thames Steel UK Ltd [2010] EWHC 207 (Comm).  Acted for a buyer of steel scrap claiming under a guarantee and for repayment of monies paid in advance following the default on the part of the seller.

Acted for the purchaser under a 5 year contract for the supply of a some 350,000mt raw and white sugar per year (subject to arbitration before the RSA).

Acted for a coin maker in dispute with a trader over purchases of copper and nickel (subject to arbitration before the LME).

Acted for the seller under a year long supply contract for the sale of biodiesel (subject to arbitration before the LCIA).

Acted for an investment bank in connection with disputes arising under a number of futures sugar contracts (LIFFE No. 5 Sugar Contract).

Acted for an oil trader in relation to a dispute over the payment of duty under an FOB contract for the supply of petrol where the underlying purchasers had defrauded various EU customs authorities (subject to arbitration before the LCIA).

Acted for a Chinese buyers who are seeking to recover monies paid by way of guarantee to American sellers (FOSFA arbitration)

Advising, drafting and acting in connection with various applications relating to awards made by the Technical Appeal Committee of the International Cotton Association.

World Trade Corporation v C Czarnikow Sugar Limited [2005] 1 Lloyd’s Rep 422.  Appeal from an award published by the RSA.

Acting for a well-known sugar trader in a dispute with Chinese buyers in an arbitration before the RSA.

“A stellar silk and a powerful advocate who is razor-sharp on paper and at the top of his game”, Nicholas is an established practitioner with a wide-ranging practice who is recommenced as a leading silk for shipping and commodities. His practice covers all aspects of international trade, commodities and shipping.  He has significant experience of charterparty disputes, carriage by sea, oil pollution, casualties, ship sale and construction.

Some of the cases in which he has been involved are as follows:

Acting for the Respondent in a claim brought by a government agency of an African state in which it was alleged, among other things, that the seller under a contract for the sale and purchase of MOGAS had defrauded the buyers.

Instructed to advise a shipowner following purported termination by Club of all of its entered vessels.

Acting for the claimant in a claim arising out of a 15 year, multi-billion contract for the supply of grain by one state-owned entity to another (before GAFTA).

Instructed by the sellers of a cargo of mixed scrap steel following the failure of the buyers to open a letter of credit. Defences of force majeure and frustration were raised by the buyers which required consideration of the effect of Covid on the banking system in a Middle Eastern country.

Instructed by a bareboat charterer in a claim by owners for repossession following alleged failures to maintain the vessel and to pay hire

Acted for a shipowner in an application for an anti-suit injunction following the wrongful commencement by cargo owners of proceedings in Brazil.

Rio Tinto v Hanjin.  Acted for the charterer after it had redelivered a vessel on a long-term charter following the commencement by Hanjin of rehabilitation proceedings in Seoul.  This involved, among other things, an application in the Chancery Division to lift a stay imposed by an order under the Cross-Border Insolvency Regulations 2006.

Oldendorff Carriers GmbH v German Pellets GmbH.  Acted for the charterer in a dispute under a long term contract of affreightment for the carriage of wood pellets.

Samsung Heavy Industries v Geden Lines & ors.  Acted for the claimant in a claim for monies due from a large Turkish shipping line and others under various shipbuilding agreements and guarantees 

Golden Ocean Group Ltd v Humpuss Intermoda Transportasi Tbk Ltd [2013] EWHC 1240 (Comm); [2013] 2 Lloyd’s Rep 421 

CMA CGM Marseille v Petro Broker International [2011] EWCA Civ 461

Tarkin AG v Thames Steel UK Ltd [2010] EWHC 207 (Comm)

CMA CGM Marseille v Petro Broker International [2011] EWCA Civ 461 

Wightlink Limited v Mitchell Diesel Limited [2011] EWHC 241 (Comm) 

P&O Nedlloyd BV v Arab Metals (No. 2) [2007] 1 WLR 2288, CA

Bulk Trading v AP Moeller [2007] 1 Lloyd’s Rep 61 

CSAV v MS ER Hamburg Schiffahrtsgesellschaft MbH & Co KG [2006] 2 Lloyd’s Rep 66

The “Jordan II” [2005] 1 WLR 1363, HL; [2003] 2 Lloyd’s Rep 87, CA

International Oil Pollution Compensation Fund v Milford Haven Port Authority [2003] EWHC 1246 Adm

In addition to acting as arbitration counsel, Nicholas Craig is increasingly in demand as an arbitrator. He has been appointed by a number of leading arbitration firms as well as by the ICC Court and the LCIA Court (for arbitrations both under LCIA and DIFC-LCIA Rules) as sole arbitrator, chair and panel member. His experience includes the following appointments:

• appointed by one of the parties in a DIFC-LCIA arbitration in respect of a claim for monies said to be due (about €130 million) under a syndicated revolving trade finance facility.
• appointed by one of the parties in a LCIA arbitration in a claim for monies said to be due under various loan agreements totalling US$1.3 billion
• appointed by one of the parties in a DIFC-LCIA arbitration in respect of a dispute concerning the investment in and management of a defence and aerospace entity
• appointed by the parties as sole arbitrator in a LCIA arbitration in a dispute following the winding up of a joint venture to supply certain telecommunications services to a number of countries in sub-Saharan Africa.
• appointed by one of the parties in a LCIA arbitration in a claim for monies said to be due under a facility agreement.
• appointed by the DIFC-LCIA as chair of a tribunal in a dispute arising under a share purchase agreement (of an aerospace business)
• appointed by the DIFC-LCIA as sole arbitrator in a dispute concerned with the supply of software and associated services to a fleet of helicopters and aircraft.
• appointed by one of the parties in a LCIA arbitration in respect of monies said to be due to a bookrunner following an IPO.
• appointed by the ICC as sole arbitrator in a dispute concerning the alleged contamination of a cargo of diesel oil
• appointed by one of the parties in a LCIA arbitration in respect of disputes arising under an Offtake Agreement (for metal concentrates).
• appointed by the LCIA as sole arbitrator in respect of a claim by a precious metal refiner for monies said to be due under a framework agreement for the purchase of precious metals
• appointed as sole arbitrator by the LCIA in respect of a claim for monies said to be due under a contract for the sale and purchase of diesel oil.
• appointed by the LCIA as one of three members of a Tribunal in a dispute concerning a contract for the sale and purchase of cargoes of anthracite.