Andrew Tuite
Anwalt
Jurist
Kolmar Group AG
Metalli, Baarerstrasse
6300 Zug
Sprachen/Languages:
English, German
Memberships
London Maritime Arbitrators Association
Focus:
I have a particular interest in Demurrage disputes, freight/dead-freight claims and cargo claims.
Miscellaneous:
QUALIFICATIONS / EDUCATION:Barrister-at-Law Degree at The Honourable Society of Kings Inns. Qualified as Barrister at Law 2007Post-Graduate Diploma in Legal Studies 2.2 Hons at The Honourable Society of Kings Inns 2005 exams.B.A. in Business and Legal Studies 2.1 Hons at Waterford Institute of Technology 2003.EMPLOYMENT HISTORY: August 2010 – Present Kolmar Group AG From August 2010: Senior Demurrage Analyst and Supervisor From January 2011: Contract Drafting and AnalysisFrom January 2014: Dry Bulk, Crude Oil, Oil Products and Petchems Chartering (in addition to Dry Bulk) Responsibilities:
Chartering suitable tonnage for FOB/CIF transactions (Dry Bulk, Petchems, Biofuels, Crude Oil, Oil Products), negotiating and contracting Vessel’s at competitive freight rates and terms and performing traffic operations on said fixtures where necessary;
Advising the Trader on current freight market trends and freight rates for particular cargoes and routes and also the potential extra costs which may be incurred for Charterers such as canal dues, Ship to Ship Equipment hire, machinery hire to load or discharge;
Researching Port infrastructures to ensure any proposed Operations will proceed smoothly and liaising with Agents to this effect with particular reference to draft restrictions and the port Fixtures for load or discharge;
Calculating and the overseeing of the Calculating of demurrage claims for commodity Sale and Purchase Contracts (Olefins, Products, CPP, DPP, Biofuels, Grains, Coal, Sulphur) as well as Demurrage Claims under Charterparty;
Supporting the Chartering, Trade Finance and Operations departments with particular reference to the advice on and drafting of protective Clauses for: Container/Multimodal, Demurrage, Delivery, Letters of Credit, Maritime Conditions, Nominations, Barge Terms and STS operations, Bill of Lading Wording, Letter of Indemnity Wording;
Drafting of entire Rider Clauses/Charterparty Terms for Oil, Petchem and DryBulk Charterparties (Fosfa, Am Welsh, Gencon, Asbatankvoy, Shellvoy etc);
Drafting of contractual clauses for commodity contract’s of sale or purchase;
Analysis of Counterparty General Terms and Conditions and suggesting amendments to same in the context of a contract of sale or purchase of a particular commodity;
Analysis and Preparation of claims for Arbitration/Proceedings;
Legal Opinion writing on claims;
July 2007 – August 2010 D’Amico Tankers LimitedFrom February 2009: Claims Department ManagerResponsibilities:
Calculating and the overseeing of the Calculating of all demurrage claims for GLENDA Pool, High Pool Tankers and direct fixtures with D’Amico Tankers.
Negotiation and settlement of all claims (demurrage deviation War Risks, Expenses etc)
Recommendation of legal action if applicable.
Trained in Tanker Operations.
Co-ordinating outstandings and recommending appropriate action on same
Examination of Voyage Charterparty contracts and claims and the identifying of Legal aspects and risks associated with same.
Analysis and Preparation of claims for Arbitration/Proceedings
Legal Opinion writing on claims
Interpretation and Implementation of Voyage Charterparty Contracts
Constructing and drafting of Legal arguments in relation to Charterparty clauses, Insurance Policies and Claims.
Drafting of Fixture note Rider clauses.
Reviewing Insurance Policies and documentation
Interpretation of and advising on Insurance Clauses and Policies.
Examination of Insurance claims (P&I FD&D, H&M War Risk, Disbursement etc) and providing advice on proceeding and handling same.
Reviewing and ensuring that each vessel has the appropriate Insurance policies in place and the appropriate levels of cover in relation to same.
Creating and presenting of Insurance Report on a quarterly basis.
Creating and Analysing of Insurance Budgets and overall expenditure in relation to Insurance.
October 2003 – October 2006Royal & Sun Alliance plc.Whilst studying for the Post-Graduate Diploma in Legal Studies in the Kings Inns (at night), I worked for Royal and Sun Alliance in the Claims Handling department. During my time with the company, I was trained in and gained experience of all areas and aspects of Insurance Claims handling (Property, Motor, Commercial, and Liability), Insurance Software development, Analysis and Training Programme Development.Responsibilities and achievements:
Was responsible for the development and implementation of various aspects of the Monaco Project including a software users manual for claims.
Was responsible for training staff in the handling of all types of Insurance claims.
Developed training programmes and methods for efficient and cost effective claims handling in all disciplines.
Developed a Claims Handling User guide for the CCS Claim handling software programme and various training programmes and PowerPoint presentations to accompany.
Validated proposed claim settlements and undertook third party recovery proceedings.
Chartering suitable tonnage for FOB/CIF transactions (Dry Bulk, Petchems, Biofuels, Crude Oil, Oil Products), negotiating and contracting Vessel’s at competitive freight rates and terms and performing traffic operations on said fixtures where necessary;
Advising the Trader on current freight market trends and freight rates for particular cargoes and routes and also the potential extra costs which may be incurred for Charterers such as canal dues, Ship to Ship Equipment hire, machinery hire to load or discharge;
Researching Port infrastructures to ensure any proposed Operations will proceed smoothly and liaising with Agents to this effect with particular reference to draft restrictions and the port Fixtures for load or discharge;
Calculating and the overseeing of the Calculating of demurrage claims for commodity Sale and Purchase Contracts (Olefins, Products, CPP, DPP, Biofuels, Grains, Coal, Sulphur) as well as Demurrage Claims under Charterparty;
Supporting the Chartering, Trade Finance and Operations departments with particular reference to the advice on and drafting of protective Clauses for: Container/Multimodal, Demurrage, Delivery, Letters of Credit, Maritime Conditions, Nominations, Barge Terms and STS operations, Bill of Lading Wording, Letter of Indemnity Wording;
Drafting of entire Rider Clauses/Charterparty Terms for Oil, Petchem and DryBulk Charterparties (Fosfa, Am Welsh, Gencon, Asbatankvoy, Shellvoy etc);
Drafting of contractual clauses for commodity contract’s of sale or purchase;
Analysis of Counterparty General Terms and Conditions and suggesting amendments to same in the context of a contract of sale or purchase of a particular commodity;
Analysis and Preparation of claims for Arbitration/Proceedings;
Legal Opinion writing on claims;
July 2007 – August 2010 D’Amico Tankers LimitedFrom February 2009: Claims Department ManagerResponsibilities:
Calculating and the overseeing of the Calculating of all demurrage claims for GLENDA Pool, High Pool Tankers and direct fixtures with D’Amico Tankers.
Negotiation and settlement of all claims (demurrage deviation War Risks, Expenses etc)
Recommendation of legal action if applicable.
Trained in Tanker Operations.
Co-ordinating outstandings and recommending appropriate action on same
Examination of Voyage Charterparty contracts and claims and the identifying of Legal aspects and risks associated with same.
Analysis and Preparation of claims for Arbitration/Proceedings
Legal Opinion writing on claims
Interpretation and Implementation of Voyage Charterparty Contracts
Constructing and drafting of Legal arguments in relation to Charterparty clauses, Insurance Policies and Claims.
Drafting of Fixture note Rider clauses.
Reviewing Insurance Policies and documentation
Interpretation of and advising on Insurance Clauses and Policies.
Examination of Insurance claims (P&I FD&D, H&M War Risk, Disbursement etc) and providing advice on proceeding and handling same.
Reviewing and ensuring that each vessel has the appropriate Insurance policies in place and the appropriate levels of cover in relation to same.
Creating and presenting of Insurance Report on a quarterly basis.
Creating and Analysing of Insurance Budgets and overall expenditure in relation to Insurance.
October 2003 – October 2006Royal & Sun Alliance plc.Whilst studying for the Post-Graduate Diploma in Legal Studies in the Kings Inns (at night), I worked for Royal and Sun Alliance in the Claims Handling department. During my time with the company, I was trained in and gained experience of all areas and aspects of Insurance Claims handling (Property, Motor, Commercial, and Liability), Insurance Software development, Analysis and Training Programme Development.Responsibilities and achievements:
Was responsible for the development and implementation of various aspects of the Monaco Project including a software users manual for claims.
Was responsible for training staff in the handling of all types of Insurance claims.
Developed training programmes and methods for efficient and cost effective claims handling in all disciplines.
Developed a Claims Handling User guide for the CCS Claim handling software programme and various training programmes and PowerPoint presentations to accompany.
Validated proposed claim settlements and undertook third party recovery proceedings.