Redstone Chambers

Michael (Mike) Pollen

Mike maintains more than 40 years' experience as a lawyer in private practice specialising in marine and related matters, based in London, Hong Kong and Singapore, with over 25 years focusing on big ticket shipbuilding, ship repairs and conversions, energy companies and operators, offshore oil and gas and construction contracts, sale and purchase of ships and insurance/ reinsurance.  He also has an in-house lawyer experience when seconded to British Shipbuilders as Director of Legal Services.  Mike is regularly asked by the media to comment on topical issues, often from a market/ commercial perspective. He has held many seminars and workshops that have enabled clients to improve the quality of their contracting processes, enhance risk management and reduce disputes. 

Representative Experience 

Transactional

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• Negotiating terms for purchase of second hand super yacht, structuring ownership arrangements, attending to delivery, payment and registration;

• Structuring, drafting, negotiating EPC contract and main subcontracts for conversion of existing LNG vessels to offshore FLNG units;

• Advising on proposed terms for EPCIC contract and main subcontracts for conversion of existing LNG vessel to FLNG unit for operation offshore West Africa;

• Advising on structure and terms of procurement and operation of LNG vessels exporting LNG from West Coast USA.

• Drafting and negotiating terms of Lease for conversion and operation of FPSO offshore Indonesia;

• Drafting and negotiation of contract terms and project execution support – conversion of semi-submersible MODU to drilling unit;

• Drafting contract terms for supply and operation of land-based  oil and gas drilling rig for operation in Russia; 

• Drafting building contracts for three large LNG ships and FPSO for construction in China and deployment in Australian NW Shelf;

• Drafting ship building contracts for two ice-breaking offshore support vessels for operation off Sakhalin Island; 

• Advising on project for transportation of CNG on short-sea voyages in Indonesia;

• Advising on insurance aspects of storage of LNG in seagoing vessels. 

• Drafting standard terms and conditions for procurement of equipment, materials and services for large fleet of ocean-going vessels;

• Drafting and negotiating shipbuilding contracts for series of VLCC’s for charter to major Middle East operator; 

• Advising on contract terms for construction of newbuilding MODU’s, FPSO’s fixed offshore production and accommodation units, LNG vessels, crude oil carriers, products carriers;

• Drafting contract terms for construction of series of FPSO’s for operation offshore Brazil;

• Negotiating contract for construction of new build super yacht by European builder;

• Negotiating charter of a state-of-the-art cruise vessel;

• Real-time advice to global commodities trader on proposed terms for charter of bulk carrier vessels; 

• Drafting standard shipbuilding contract terms for world-leading builder of super- and mega-yachts;

• Drafting and negotiating financing documentation, loan agreements, security documents, guarantees, letters of credit for various vessel types. 

Disputes

• Disputes under contracts of employment of ships and carriage of goods by sea-bareboat charters, leases, time charters, contracts of affreightment, consecutive voyage charters, voyage charters, bills of lading; 

• Claims following ship casualties – collisions, groundings, fires, personal injury, general average, population;

• Cargo claims – loss and damage, non-delivery, wrongful delivery, short delivery, contamination, off-spec cargoes;

• Insurance and reinsurance claims including Hull & Machinery, Cargo, Loss of Hire, P&I, FD&D, Loss of Hire, Business Interruption, Warranty, BAR, CAR, D&O, Aviation;

• International trade, sale of goods, commodities contracts;

• Delay, disruption, variation, termination, cost overrun claims on newbuilding contracts for FPSO’s, LNG and other vessels, MODU’s, fixed offshore production platforms, accommodation units, pipelines, alternative energy projects, offshore wind farms, pipelines, onshore energy plants, refineries;

• Debt recovery, ship arrests, security enforcement, letter of credit disputes;

• Delivery disputes – newbuilding vessels, conversions, second-hand vessels, MODU’s, FPSO’s;

• Procurement, sale and purchase of machinery and equipment, sub-contract disputes;

• Effects of sanctions, currency/exchange controls, war zones, export controls;

• Product liability claims;

• Warranty claims on new build vessels, MODU’s, FPSO’s etc.;

• Defects claims on sale of second hand vessels;

• Aviation claims – cargo, personal injury, hull;

• Transportation and Installation contract disputes – offshore oil & gas production units.

Competition/Regulatory

• Advising global ship operators on competition law issues – joint service agreements, slot charters, etc.; 

• Advising global ship operators on regulatory compliance issues;

• Advising major Asian constructors on anti-corruption compliance and enforcement issues;

• Representing Korean shipbuilding industry in WTO trade dispute with EU.

Arbitration Experience

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Mike has over 40 years’ international arbitration experience including charter party disputes, leases, salvage, general average, insurance/reinsurance (including P&I, BAR, CAR, Hull and Machinery, Warranty Insurance, Personal Injury, Loss of Hire, Aviation, Directors’ and Officers’), shipbuilding/conversion/repair, offshore oil and gas construction and service contracts (mobile drilling units, FPSO’s, FLNG units, fixed platforms, FSU’s, OSV’s, floating and fixed accommodation units), power projects, pipeline contracts, alternative energy projects including offshore wind farms, international trade/sale of goods, banking and finance. He was appointed as sole, presiding and chair arbitrator, panel member and emergency arbitrator.  Mike is a member of SIAC, SCMA, HKIAC, KLRCA panels and ad hoc arbitrator.  His experience includes all major arbitration venues including London, Singapore, Hong Kong, PRC, Paris, New York, Tokyo, Seoul, Malaysia, Oslo, both ad hoc and under rules including SIAC, SCMA, LMAA, LCIA, ICC, AAA, HKCIA, TOMAC, CIETAC.

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Publications 
 

Mike published many articles on topical issues and is a frequent speaker at seminars and conferences, including on Competition Law, Shipping, D&O Cover, FPSO's, LNG carriers, Offshore Construction and Shipbuilding Contracts.