Jonathan Morton

Practices

Education and Clerkships

Legal Practice Course, College of Law - London, 2009, Distinction

LL.B., College of Law - London, 2008, Commendation

Postgraduate Certificate in Education, University of Oxford, 2004

B.A., History, English Literature minor, University of East Anglia, 2000

M.A., University of East Anglia, 2001, Commendation

Admissions

England, 2012

Profile

Jonathan Morton’s experience spans all sides of the offshore construction, shipbuilding and energy industries, where he has acted for contractors, owners, shipyards and oil companies in a wide range of international disputes.

Jonathan has worked on a number of substantial international arbitrations (primarily under the LCIA and LMAA rules) and English Court actions involving issues including: delay and cost overruns; waiver, estoppel and the prevention principle, allegations of bribery and corruption; disputes over payments for variation orders; and liability for errors in design. These disputes usually include cross-border elements and regularly involve entities based in the PRC, Korea, and South America in particular.

Jonathan also regularly advises clients during negotiations for EPCI, TI and SURF contracts, and assists with their drafting, and has spent five months seconded with a major offshore contractor in the Netherlands working as a Contracts Manager. During that time he led a number of negotiations with major oil companies, advised on wind-farm installation and construction contracts (including both the initial drafting and, later, managing their successful and efficient implementation) and negotiated and drafted a substantial framework agreement with an Oil Major.

He has also delivered presentations and workshops to a range of clients on topics including Supplytime and other BIMCO standard forms, as well as liability issues and indemnity provisions.

Before becoming a lawyer, Jonathan worked as a teacher in a number of challenging inner-city schools, and has continued his commitment to the local community by establishing and heading the firm’s pro-bono committee in the London office.

Litigation

Jonathan Morton and William Cecil

Notification of Unreliability: Excluding Liability for Misrepresentation by Notice

It is becoming increasingly common to see allegations of misrepresentation made in shipbuilding and offshore construction disputes. In recent years here at Haynes and Boone CDG, we have seen misrepresentation claims made regarding pre-contractual statements about, for example: the time period required to carry out certain elements of a construction project; the capability of the yard or contractor to carry out the work; the standard of maintenance of a rig; the accuracy of preliminary specification details provided to a builder; and the reliability of information provided to an offshore contractor on the intended project site.

Selected Client Representations

  • Assisting a large ship owning conglomerate with the successful cancellation of a number of contracts for the construction of gas carriers at a Chinese shipyard. Following declaration of the shipyard’s bankruptcy, we obtained a significant reimbursement of the full amount of advance payments to the yard from the Chinese guarantor banks.
  • Acting for a drilling rig owner in a complex series of LCIA arbitrations involving allegations of bribery in Latin America.
  • Acting for drilling rig owner in an LCIA Arbitration following the cancellation of a rig construction contract with a Korean shipyard due to late delivery.
  • Acting for the buyer in an LMAA arbitration following the cancellation of a ship construction contract.  The dispute involved allegations of bribery and corruption and included complex issues relating to capacity and jurisdiction.

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