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Contract analysis / conflict-check-memorandum.docx
conflict-check-memorandum.docx
1044-00001 · 11 clauses
High · 0 Medium · 6 Standard · 0
1. Purpose Medium
⚑ Forum / governing law
1. Purpose This memorandum records the results of the conflicts check conducted by the undersigned in connection with Calderwood & Harkness LLP's ("C&H" or the "Firm") proposed engagement by Thalassa Shipping & Logistics SA ("TSL" or "Thalassa") to act as lead enforcement counsel in multi-jurisdictional enforcement proceedings against Korinthian Maritime Holdings Ltd. ("KMH" or "Korinthian") and related entities, inc
2. Proposed Client Medium
⚑ Forum / governing law
2. Proposed Client The following information has been compiled from the client intake questionnaire completed by TSL's in-house counsel, Ioanna Christodoulou, together with publicly available corporate registry filings and the preliminary intelligence briefing prepared by Hartwell Pemberton LLP dated 5 September 2024. Full Legal Name: Thalassa Shipping & Logistics SA (Θάλασσα Ναυτιλία & Εφοδιαστική Α.Ε.) Short Name /
3. Adverse Parties and Related Entities Medium
⚑ Forum / governing law
3. Adverse Parties and Related Entities 3.1 Primary Adverse Party Full Legal Name: Korinthian Maritime Holdings Ltd. Short Name / Acronyms: KMH; Korinthian; Korinthian Maritime Entity Type: Private company limited by shares, incorporated under the Companies Law, Cap. 113 of the Republic of Cyprus Jurisdiction of Incorporation: Nicosia, Republic of Cyprus Registration Number: HE 387421 Registered Address: 28 Themistok
4. Proposed Local Counsel (Coordinating Firms) Medium
⚑ Forum / governing law
4. Proposed Local Counsel (Coordinating Firms) Calderwood & Harkness LLP will instruct local counsel in each enforcement jurisdiction to advise on local procedural requirements, file enforcement applications, and coordinate with local courts and registries. The following firms have been identified and provisionally retained, subject to conflicts clearance and formal engagement. Each firm has been included in the Firm
5. Proposed Expert and Advisory Firms
5. Proposed Expert and Advisory Firms The following expert and advisory firms have been identified for potential instruction in connection with the enforcement proceedings. Each firm has been included in the Firm's conflicts check: (a) Hartwell Pemberton LLP • Address: 25 Old Broad Street, London EC2N 1HN • Role: Forensic accountants and asset tracing specialists. Hartwell Pemberton has been engaged on a preliminary
6. Scope and Methodology of Conflicts Check
6. Scope and Methodology of Conflicts Check The conflicts check was conducted on 9 and 10 September 2024 by the undersigned, Patrick Gallagher, Working Associate, in accordance with the Firm's Internal Conflicts Clearance Procedures (Version 7.2, dated 15 March 2024) and with reference to the SRA Code of Conduct requirements regarding the identification and management of conflicts of interest. The following searches
7. Results of Conflicts Check Medium
⚑ Forum / governing law
7. Results of Conflicts Check 7.1 Proposed Client — Thalassa Shipping & Logistics SA Result: No current or prior representation of Thalassa Shipping & Logistics SA, or any entity or individual associated with TSL, was identified in the Firm's records. Searches were conducted using the full legal name ("Thalassa Shipping & Logistics SA"), the Greek-language name ("Θάλασσα Ναυτιλία & Εφοδιαστική Α.Ε."), and the short n
8. LCIA Tribunal Members and Assigned Judge Medium
⚑ Forum / governing law
8. LCIA Tribunal Members and Assigned Judge For completeness, and in accordance with the Firm's best practice guidance on judicial and tribunal conflicts screening, the names of the members of the LCIA Tribunal that rendered Award No. 224718 and the judge assigned to the Commercial Court enforcement proceedings have been searched in the Firm's conflicts database and checked against the engagement team's personal inte
9. Summary of Vessels (Cross-Checked)
9. Summary of Vessels (Cross-Checked) As part of the conflicts check, the following vessels associated with the KMH group were cross-checked against the Firm's records to confirm that C&H has no prior engagement relating to any of these vessels, whether in the context of ship finance, admiralty claims, charter disputes, sale and purchase transactions, or otherwise: Each vessel was searched by name, IMO number, and re
10. Conclusion and Clearance Recommendation
10. Conclusion and Clearance Recommendation On the basis of the comprehensive conflicts check described in this memorandum, I confirm as follows: (a) The conflicts check has been completed in accordance with Calderwood & Harkness LLP's Internal Conflicts Clearance Procedures (Version 7.2, dated 15 March 2024) and the SRA Code of Conduct requirements regarding the identification and management of conflicts of interest
11. Approval
11. Approval This memorandum records the results of the conflicts check conducted in connection with the proposed engagement by Thalassa Shipping & Logistics SA. The clearance recommendation set out in Section 10 above is submitted for review and approval by the Responsible Partner. Prepared by: PATRICK GALLAGHER Working Associate, Litigation (General) Calderwood & Harkness LLP Signed: ________ Date: 10 September 202