Fiona Carfrae

Practices

Education and Clerkships

Legal Practice Course, Kaplan Law School, 2009, Distinction

Graduate Diploma in Law, Nottingham Law School, 2006, Commendation

B.A. (Hons), German, Russian, University of Nottingham, 2002

Admissions

England, 2012

Languages

French

German

Russian

Spanish

Profile

Fiona Carfrae is a London-based English solicitor and her practice focuses on international commercial dispute resolution. She acts for clients in the shipping, offshore oil and gas, and construction industries, such as shipyards, bulk cargo carriers, ship management companies, and offshore pipelay and subsea construction companies.

Fiona’s practice has included claims under shipbuilding contracts relating to the deliverability of a vessel, unpaid installments, alleged defects under warranty of quality provisions and liquidated damages for delay. She has also successfully claimed under a guarantee and defended claims for alleged delay and disruption under a subcontract for onshore construction works.

Fiona has been involved in a number of heavyweight international offshore and onshore construction disputes culminating in trial in the Technology and Construction Court or before an arbitral tribunal seated in London under the London Maritime Arbitrators Association (“LMAA”) terms. Fiona has successfully conducted smaller LMAA arbitrations on paper and assisted with the enforcement of arbitration awards abroad.

Prior to joining the firm, Fiona worked on numerous cargo delivery disputes; banking cases (fraudulent misrepresentation in the context of a structured finance transaction and the validity of aspects of certain credit derivatives) in the Commercial Court; a fraud case in the aluminum industry in the Commercial Court; and appeals to the Competition Appeal Tribunal concerning price-fixing.

Selected Client Representations

Fiona’s most recent work includes the following matters:
  • Defending a Chinese shipyard in an LMAA arbitration in London against a claim for the return of pre-delivery installments of the purchase price following the purported cancellation of a shipbuilding contract for a container vessel, and claiming damages for repudiatory breach/renunciation of the contract
  • Obtaining an LMAA arbitration award in favor of a Baltic bulk cargo carrier in respect of its claims under a warranty of quality provision in a shipbuilding contract for damages in respect of defects in a bulk carrier against a South Asian shipyard
  • Successfully defending a multi-national offshore pipelay and subsea construction company in the English Technology and Construction Court against claims by subcontractors for delay and disruption arising out of a contract for the laying of onshore gas pipelines as part of the Total Laggan-Tormore development in the North Sea
  • Acting for a Chinese shipyard against a Brazilian oil and gas company claiming unpaid instalments under two shipbuilding contracts and defending allegations of misrepresentation and various breaches of contract arising out of the construction of two semi-submersible drilling rigs in a London-based LMAA arbitration, in which arbitration awards in favor of the client were obtained

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