Clementine Makower

Clementine has particular interest and experience in shipping law. She is regularly instructed in LMAA and other arbitrations on her own and as a junior. Clementine has experience in charterparty disputes, cargo claims, shipbuilding and jurisdictional issues. She is a member of the YMP (Young Maritime Professionals) Committee and has given talks on related topics, including speaking at an oil operations and demurrage conference in May 2022.

Featured Shipping, shipbuilding and international trade cases

Acted with Sean O’Sullivan KC in a multi-million dollar unsafe port dispute, culminating in a two-week Hong-Kong seated arbitration.

Acted with Alexander Wright KC in a four-day arbitration in a shipbuilding dispute about the sale and purchase of offshore equipment.

Instructed with Alexander Wright KC in a charterparty dispute involving the imposition of sanctions.

Instructed with Sean O’Sullivan KC in a section 69 appeal on a point of law from an arbitration award involving novel issues about the arrest of a vessel and the application of the Supreme Court decision in The Global Santosh [2016] UKSC 20.

Instructed as junior to Sean O’Sullivan KC in an LMAA arbitration in a shipbuilding dispute, successfully obtaining an award for specific performance of the obligation to deliver the vessel.

Advised (with Alexander Wright KC) on issues of jurisdiction and enforcement arising out of a charterparty dispute.

Frequently instructed in time and voyage charterparty disputes. Recent experience includes claims relating to freight, hire and off-hire, laytime and demurrage, detention and the exercise of a lien.

Instructed as sole counsel in a charterparty dispute which turned on the interpretation and application of the BIMCO Infectious or Contagious Diseases Clause in relation to delays due to Covid-19 testing and quarantine, and secured a successful outcome.

Instructed to advise on the interaction between a contractual time-bar in a charterparty and the one-year time bar under the Hague Visby Rules in relation to a cargo claim.

Advised on jurisdictional issues and enforcement of a High Court judgment outside of the jurisdiction.

Instructed in a dispute involving the carriage of goods by road under the CMR.

Frequently instructed in marine insurance claims. Previous experience includes advising on frustration in relation to a fire on a yacht, shipbuilding/defects disputes and professional negligence.

Assisted with Argos Pereira Espana SL & anor v Athenian Marine Ltd (mv “Frio Dolphin”), including on the novel issue of whether the doctrine of transferred loss applies to equitable compensation claims.

Attended and worked on an arbitration preliminary issue hearing with Nick Vineall KC and Alexander Wright KC, which concerned the correct measure of damage when a vessel contains a latent defect which does not materialise during the period of hire.