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Alexander MacDonald


Year of Call: 2001

email: clerks@7kbw.co.uk


Alex joined 7KBW in 2001, following the completion of his pupillage.

Alex specialises in all areas of commercial law practised at 7KBW, particularly international arbitration, insurance and reinsurance, international trade, energy, commodities, shipping and private international law.

He acts both as an advocate and in an advisory capacity.  He has experience appearing as an advocate in the County Court, the High Court and the Court of Appeal.  He has also appeared as a junior in the High Court, and in the House of Lords.  In addition, he has acted in a wide range of arbitrations, both as a junior and on his own, including under ICC, LCIA, LMAA, GAFTA and RSA terms.


Trinity College, Cambridge: MA in law, first class (1999).
  
Georgetown University Law Center, Washington DC: LL.M in International and Comparative Law (2000)

Alex obtained his LL.M from Georgetown University, specialising in international and comparative law.  He graduated first in his programme.

Lincoln’s Inn/Inns of Court School of Law, London (2001)

Alex was awarded Pre-pupillage and Major Scholarships at Lincoln's Inn in 2000 and 2001.

Part-time Supervisor in Contract and European Law, Trinity College, University of Cambridge: 2000–01 and 2004–05

Member, COMBAR

Alexander MacDonald specialises in the following areas:


Insurance & Reinsurance


Amongst other things, Alex is presently acting for an insurer relating to claim under a policy of prize indemnity insurance, and for a reinsurer under an excess of loss policy.

Selected cases:

  • American Reliable Insurance Company and Bankers Insurance Company Ltd v. Willis Limited (2008-2009): Alex acted for the Claimants in a US$230 million Commercial Court action arising out of the PA LMX reinsurance market in the 1990s (led by George Leggatt QC).
  • Halifax Life Ltd. v. The Equitable Life Assurance Society [2007] 1 Lloyd's Rep. 528: Case concerning a challenge to an expert determination made as to the premium payable in connection with the reinsurance by Halifax Life of The Equitable Life’s unit linked and non-profit business (led by Christopher Butcher QC).
  • ICC arbitration between English reinsurers and South American reassured (2006): Claim under reinsurance of a Bankers’ Blanket Bond policy insuring a State Central Bank (led by Gavin Kealey QC and Julia Dias Q.C.).
  • Arbitration between English reinsurer and US reassured (2005): Large reinsurance (retrocession) dispute arising out of the PA LMX spiral, culminating in a five-week arbitration (led by George Leggatt QC).
  • Arbitration between insured and various London Market insurers (2002-2004): Acting (led by Gavin Kealey QC and Paul Stanley) for US insured under a product liability policy (governed by New York law) in respect of losses arising out of the US silicone gel breast implant litigation
  • (1) Interpart Comercio E Gestao SA (2) Longen SA v. Lexington  Insurance Co [2004] 1 Lloyd's Rep IR 690: Successfully resisted (led by Dominic Kendrick QC) reverse summary judgment application brought by insurer.  Case concerned (amongst other things) allegations of fraudulent claim under policy of marine insurance, and questions of causation of loss.

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Shipping


Alex has acted in a large number of shipping disputes as an advocate and in an advisory capacity, concerning amongst other things cargo claims under charterparties and bills of lading, hire and demurrage disputes, and claims for delay.

Selected cases:

  • Arbitration between disponent owner and charterer (2010-ongoing): presently acting in claim for over US$10m arising out of losses alleged to arise out of incorporation of Hamburg rules into charterers’ bills.  Arbitration involves issues of foreign law and navigational error.
  • LMAA arbitration between disponent owner and charterer (2009): acted alone in claim by disponent owner, successfully recovering over US$5m in respect of lost hire under three charters for specialised ethylene carriers.  Arbitration involved issue as to whether charterer entitled to rely on illegality under foreign law, and validity of notice of withdrawal.
  • JI MacWilliam & Co inc v. Mediterranean Shipping Co SA [2005] 2 A.C. 423: Appeal to the House of Lords concerning whether a "straight"  bill of lading was a "bill of lading or similar document or title" under the Hague-Visby Rules (led by Alistair Schaff Q.C.).
  • (1) Interpart Comercio E Gestao SA (2) Longen SA v. Lexington  Insurance Co [2004] 1 Lloyd's Rep IR 690: Successfully resisted (led by Dominic Kendrick QC) reverse summary judgment application brought by insurer.  Case concerned (amongst other things) allegations of fraudulent claim under policy of marine insurance.
 Shipbuilding
  • Alex is presently acting for purchasers of two newbuild oil/chemical tankers concerning the date of delivery under the shipbuilding contract.
  • LMAA arbitration between Korean Shipyard and Norwegian shipowners (2010): Arbitration concerning allocation of risk of loss for physical damage under conversion contract.
  • LMAA arbitration between German Shipyard and six purchasers (2009-ongoing): Alex is acting for a German shipyard in connection with a high profile dispute concerning the construction of 6 ‘mega-yachts’, and successfully (led by David Bailey QC) obtained a preliminary award concerning an outstanding instalment.
  • CMA CGM v. Hyundai Mipo Dockyard [2009] 1 Lloyd's Rep 213: Claim under novated shipbuilding contract for damages arising out of a breach of an arbitration agreement (led by Christopher Butcher QC).

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General Commercial Disputes


Selected cases:

  • Alex is presently acting for purchasers of two newbuild oil/chemical tankers concerning the date of delivery under the shipbuilding contract.  Other cases include:
  • LMAA arbitration between Korean Shipyard and Norwegian shipowners (2010): Arbitration concerning allocation of risk of loss for physical damage under conversion contract.
  • LMAA arbitration between German Shipyard and six purchasers (2009-ongoing): Alex is acting for a German shipyard in connection with a high profile dispute concerning the construction of 6 ‘mega-yachts’, and successfully (led by David Bailey QC) obtained a preliminary award concerning an outstanding instalment.
  • CMA CGM v. Hyundai Mipo Dockyard [2009] 1 Lloyd's Rep 213: Claim under novated shipbuilding contract for damages arising out of a breach of an arbitration agreement (led by Christopher Butcher QC).

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Energy & Natural Resources


Alex has acted in a number of cases concerning the construction of offshore rigs.  He is presently involved in advising a marine engineering company in connection with outstanding change requests under a contract on the LOGIC form for the decommissioning of a North Sea rig.

 Selected cases:

  • Shell UK Ltd v. Acergy UK Ltd (Technology and Construction Court, June 2007): Acted for defendant engineering company resisting application for injunction enjoining company from departing FLAGS Hot Tap Project to carry out work on another North Sea Project (led by Gavin Kealey QC).

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International Trade


Selected cases:

  • Glencore Energy UK Ltd v. Transworld Oil Ltd [2010] EWHC 141 (Comm): Successfully acted (with Richard Southern QC) for Glencore in claim for damages for non-delivery of oil under a sale contract.
  • Dalian Fuhaichang Aquatic Product Co. Ltd and ors v. Adris (Commercial Court, March-October 2007): Successfully obtained freezing order, and subsequently summary judgment, in claim for over US$2 million under Bills of Exchange Act 1882.

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Sale of Goods


Selected cases:

  • Rosewood Trucking Ltd v. Balaam [2006] 1 Lloyd's Rep. 429 (CA): Successfully resisted claim for indemnity under Art 37 of the CMR after two-day trial. Case subsequently went to Court of Appeal.

 


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Injunctions & Arrests


Selected cases:

  • Dalian Fuhaichang Aquatic Product Co. Ltd and ors v. Adris (Commercial Court, March-October 2007): Successfully obtained freezing order, and subsequently summary judgment, in claim for over US$2 million under Bills of Exchange Act 1882.

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