Profile

Jonathan Lux



 
After an extremely successful career culminating as a Senior Partner at
one of the City's leading Law firms (Ince & Co) Jonathan made a decision to
specialise independently in Mediation, was subsequently called to the Bar and
joined Chambers in 2011.
 

Jonathan is well placed to take on Mediation and Arbitration cases that
require a highly skilled and personal approach. Jonathan has the ability to
grasp the key issues of a case quickly. His vast experience and the range of
Mediation and Arbitration cases that he has been involved with, have given him
the tact and robustness that leads to a satisfactory conclusion, enabling all
parties to cost-effectively put the case behind them and get on with their
business.

Jonathan is one of the founder members of CEDR, and is well known for
the use of the ADR (Alternate Dispute Resolution) principle in resolving cases.
His wise guidance, flexible approach and excellent communications skills as a
team player make him the right choice for contentious or straightforward
mediation cases.

He has lectured widely and written numerous articles on the subject of
mediation, and is co-author of ADR and Commercial Disputes.

Jonathan was awarded Global Shipping & Maritime Lawyer of the Year
for both 2010 and 2011 by Who's Who Legal. In December 2011 he featured in
Lloyd's List of Top Ten Legal Personalities and was a finalist for the Lloyd's
List global Shipping & Maritime Lawyer of the Year award 2012.

Jonathan is also fully accredited by and a member of the International
Mediation Institute (http://imimediation.org/jonathan-lux).

Jonathan has received regular appointments as Arbitrator and Mediator
both in relation to maritime disputes and international commercial law disputes
more widely. He is a fluent French and German speaker making him much in demand
for national and international mediations.


 



Areas of Expertise:

·        Maritime / Shipping

·        Energy renewables and Off-shore

·        Aviation

·        Commercial Contract and Tort Disputes

·        Insurance

·        Banking

·        Sale of Goods and International Trade

·        Professional Negligence

·        Carriage of Goods and Passengers by Air, Sea and Land

·        Construction

·        Land and Property

·        Personal Injury

·        Motorsport
 

 
 
 
 
 
 
 
Specific Mediation & Arbitration Experience

 
Shipping, International Trade and Off-Shore Energy:



 
·        Shipbuilding: defects appearing during the guarantee period repaired by
a different shipyard and those repairs in turn giving rise to claims which were
mediated between the original shipbuilders, repairers and buyers.

 
·        Shipping/charterparty: vessel warranted "approved” by specified number
of oil majors. Issues as to whether vessel was so approved and whether substantial
delays/cancellation of charters running to US dollars many millions were
attributable to non-approval or other reasons.

 
·        Shipping/charterparty: vessel hijacked by pirates off the coast of E.
Africa and ransom paid to secure vessel’s release. Were the vessel’s Charterers
liable to pay hire during the period of detention and were the vessel’s
insurers liable to indemnify Owners for the ransom paid?

 
·        Shipping/charterparty: vessel under charter performing voyages between Gulf
of Aden and India/Japan pursuant to Charterers’ orders. Were Owners entitled to
recover the cost of putting armed guards on board the vessel to minimise the
risk of attack by pirates?

 
·        Shipping/cargo claim: damage to cargo resulted in a substantial cargo
claim and issues surrounding the vessel’s seaworthiness.

 
·        Shipping/charterparty: the vessel was trading between W.Coast America
and Japan and the Master elected to take the more Southerly/longer route rather
than the more Northerly/shorter route – whereby each voyage took longer to perform.

 
·        Were Charterers entitled to claim for the loss of time and extra
expenses?

 
·        Off-shore energy/support vessels: multi-million dollar disputes relating
to suitability of chartered-in support vessels for off-shore oil operation. Was
downtime attributable to defective state of vessels or other reasons?

 
·        Shipping/professional negligence: ship sold by one-ship company. Buyers’
Solicitors failed to check whether there were pending in-rem proceedings in
certain key jurisdictions. Following sale, vessel arrested due to pre-sale
in-rem proceedings against former Owners (Sellers). Were the Buyers’ Solicitors
professionally negligent and was this the cause of the losses?

 
·        Vessel suffered class problems and was sub-chartered. Claims by the
owner arose in respect of waiting time and by the charterer in respect of extra
expense and loss. Amount of claim exceeded US$250,000.

 
·        Solar Energy: multi-national parties in a claim for over £250m

 
Commercial Contract and Tort Disputes:



 
·        Dispute over whether registration enquiries for the Get Off product had
been properly made and registration obtained with a view to lawful sale in
international jurisdictions.

 
·        Claim related to alleged breaches of restrictive covenants by the
defendant, and was for monetary damages only. Further dispute over a
counterclaim by the defendant.

 
·        Dispute over whether digging, surfacing and tarmacking work was carried
out with reasonable care and skill and whether materials were of a satisfactory
quality.

 
·        Claimant sought to recover in excess of £100,000 for non-payment of
invoices in the matter.

 
·        Disputes over property, partnership and employment between a company
operating GP surgeries under contracts from NHS Primary Care Trusts and former
partners in another medical practice.

 
·        Where there was a lease agreement for a number of photocopiers and a
service agreement the claimant claimed misrepresentation as to the first
agreement and breach of duty to obtain client’s authority to sell photocopiers
to two different companies.

 
·        Breach of an Agency Agreement led to the innocent party terminating the
agreement and claiming substantial damages.

 
·        Claim by accountants for substantial unpaid fees and a counterclaim by
their clients for an even larger sum.

 
·        A radio company claimed in respect of unpaid airtime. Defendants claimed
that the Claimant jumped the gun in allotting airtime to others and so
counterclaimed for the loss suffered by being kicked off air.

 
Banking:



 
·        Dispute over the non-repayment of a loan.

 
Construction and Engineering:



 
·        Dispute arose in relation to the construction of affordable housing that
a partnership was building for its client. Issues in the case involved the
expert opinion of a structural engineer.

 
·        Large claim by sub-contractor against a contractor. Defendants
counterclaimed because the invoices in question were allegedly disputed by
HMRC.

 
Shareholder Disputes:



 
·        Dispute over shares in a family property and hotel business where the
claimant was claiming entitlement to 40% of the valuation of the properties
owned by the family company.

 
·        Dispute over the shares of a deceased in respect of commercial property.

 
·        Multimillion pound breach of warranty dispute regarding sales of shares
in a PLC.

 
·        Claimant claimed they were wrongly excluded from acquiring shares in the
Defendant. Multiple issues including valuation of the shares.

 
·        Claimant claimed as minority shareholder that the Defendant company
should buy his shares. Claimant also claimed for unfair dismissal.

 
Land and Property:



 
·        An acrimonious dispute between neighbours, where the sums in issue were
small but tempers were high over a variety of issues including the use of a
driveway.

 
·        Main issues in the matter included agreeing who was to have control over
arranging works to the electric gate and whether the claimant should be granted
unrestricted and unobstructed use of the right of way over the passageway at
all times.

 
·        Family dispute arose as to the nature and status of the claimant’s right
of way.

 
·        Parties sought socially viable solutions to preserve family
relationships.

 
·        Dispute over whether a break clause had been validly exercised in
accordance with the lease. Defendant sought a declaration that the lease had
not been terminated and claimed rent and interest under the same.

 
·        Failure to complete the purchase of a multimillion pound commercial
property led to claims arising for specific performance of a contract.

 
·        Claimant claimed for possession of land on the basis that he had a
substantial level of security of tenure under the Mobile Homes Act 1983.

 
·        A large sum in dispute where a father had transferred property to his
son without informing the council and thereby avoiding charges for
accommodation and services.

 
·        Dispute in connection with extension to the claimant’s property where
work was not competed but had been paid for on account.

 
·        Non-payment of invoices for building work. Dispute arose because of
incomplete snagging work.

 
·        Dispute regarding allegations as to the extent and quality of work
carried out by the Claimant and so Defendants were resisting payment.

 
·        Claim for breach of restrictive covenants. Claim in respect of failure
to complete the purchase of a property following exchange of contracts.
Thereafter loss of monies due to the collapse of the housing market.

 
·        Alleged breach of contract for the sale of property to joint purchasers
involving substantial claims and counterclaims.

 
Motorsport & Yachting:



 
·        Commercial dispute over non-payment of services contracted and supplied
to a high profile F3 racing driver over the European F3 Open Championship.

 
·        Dispute over amounts due following the sale of a jointly owned yacht.

 
Professional Negligence:



 
·        Claim for non-payment of professional fees resisted by Defendant on the
grounds of professional negligence.

 
·        Builders claimed substantial sums regarding alleged incompetence of
structural engineers.

 
Personal Injury:



 
·        Claim for an accident suffered whilst on school property leading to
personal injury.

 
·        Personal injury claim after tripping over a cargo net and sustaining
injury to shoulder whilst in the course of employment.

 
·        Claimant’s wife died as a result of the impact of a bollard which had
sheared.

 
·        Claimant sued defendant and insurers for substantial sums.

 

Memberships

 
·        Accredited with the Academy of Experts, ADR Net and CEDR

 
·        Fellow: Chartered Institute of Arbitrators

 
·        Member: British Academy of Experts

 
·        Member: City UK Dispute Resolution Group

 
·        Member: LMAA/Baltic Exchange Panel of Mediators
 
·        Panel of arbitrators:

 
o   China Maritime Arbitration Commission (CMAC)

 
o   China International Economic and Trade Arbitration Commission (CIETAC)

 
o   German Maritime Arbitration Association (GMAA)

 
o   Hong Kong International Arbitration Centre (HKIAC)

 
o   Hungarian Chamber of Commerce and Industry

 
o   Malaysia - Member of Panel of Kuala Lumpur Regional Centre for
Arbitration

 
o   Shanghai Arbitration Commission

 
o   Shanghai International Shipping Arbitration Court

 
o   Singapore International Arbitration Centre

 
o   Singapore Chamber of Maritime Arbitration

 
·        Member: International Bar Association

o   Past Chairman of Committees Maritime and Transport Law, and Human Rights
Institute's Committee on Legal Systems

o   Co-Chairman of Corporate Social Responsibility Committee

 
·        Former Co-Chairman: UK branch of British Chamber of Commerce, Germany

 
·        Former Council member: British Chamber of Commerce in Germany

 
·        Liveryman: Worshipful Company of Solicitors

 
·        Awards judge: Lloyd's List Global Shipping Awards

 
·        Freeman of City of London

 
·        Honorary Consul to Cape Verde in London

 

Publications

 
 
 
 
Jonathan has particular expertise in bunkers and is the co-author of the
leading legal text-book on bunkers - Fisher & Lux on "Bunkers"
(now in its third edition).

 
Other publications Jonathan has co-authored include:

 
·        The Law of Tug, Tow and Pilotage

 
·        The Law and Practice of Marine Insurance and Average

 
·        Bunkers

 
·        Classification Societies

 
·        Maritime Law Handbook

 
·        Corporate Social Responsibility

 
·        Getting the Deal Through - Shipping

 

Qualifications:

 
·        1973: LLB Law Degree, Nottingham University- Honours + Exhibition



 
·        1974: DES (French Masters), University of Aix-Marseilles



 
·        1977: Solicitor, England & Wales



 
·        1986: Solicitor, Hong Kong



 
·        Fellowship of Chartered Institute of Arbitrators

 
·        Accredited as Mediator by CEDR, ADR Net & Academy of Experts

 
·        2013: Called to Bar, Gray's Inn



 
 
 
 
 





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