Jonathan Morton
Jonathan Morton’s extensive experience encompasses all areas of the offshore construction, shipbuilding and energy industries (oil and gas and renewables), where he has acted for contractors, owners, shipyards and oil companies both in contract negotiation and drafting, as well as in a wide range of international disputes.
Jonathan has worked on a number of substantial international arbitrations (primarily under the ICC, LCIA and LMAA rules) as well as 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. Such litigation usually includes cross-border elements and regularly involves entities based in the PRC, Korea, and South America in particular.
Jonathan also advises clients on EPCI, TI, BoP and SURF contracts, and assists with their drafting, and has spent six months seconded with two major offshore contractors in the Netherlands working as a Contracts Manager. During that time he led a number of negotiations, advised on wind farm installation and construction contracts (including both the initial drafting and 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, liability issues and indemnity provisions, and offshore wind projects (both floating and fixed).
Jonathan has written for numerous industry publications on his areas of expertise, including OffshoreWIND, Offshore Magazine, Offshore Energy Today, Insurance Business and Mealey's International Arbitration Report.
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.
- Representing a drilling contractor in arbitration proceedings arising out of the disputed termination of a MODU construction contract with combined claims in excess of US$700 million.
- Advising in connection with a multi-million dollar dispute involving an alleged oral agreement for the sale and purchase of granular urea.
- Representing a contractor in an ICC arbitration concerning manufacturing defects discovered during construction of an oil refinery in Oman.
- Acting for a consortium builder in arbitration and court proceedings against a Mexican state-owned corporation following the cancellation of a prototype barge construction contract. (Exportadora De Sal SA De CV v Corretaje Maritimo Sud-Americano Inc [2018] EWHC 224).
- Acting for the owner in an ICC arbitration relating to defects discovered in a number of offshore knuckle-boom cranes.
- 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.
- World Forum Offshore Wind – member of the Floating Offshore Wind Committee
- London Maritime Arbitrators Association (LMAA)
- LawWorks - a charity which connects volunteer lawyers with people in need of legal advice, who are not eligible for legal aid.
Education
B.A., History, English Literature minor, University of East Anglia, 2000
Legal Practice Course, College of Law London, 2009, Distinction
LL.B., College of Law London, 2008, Commendation
M.A., University of East Anglia, 2001, Commendation
Postgraduate Certificate in Education, University of Oxford, 2004
Admissions
England and Wales
Ordinarily, when a contract places an obligation on a party, one would expect the courts to enforce that obligation. But the overriding objective - to deal with cases justly and at proportionate cost – allows judges to exercise their discretion and potentially avoid the strict letter of the law. This is one element of “litigation risk” inherent in any dispute: even if the contract and the case law [...]
