Introduction

Ishfaq Ahmed has been practising since October 2000 representing and advising in a wide range of commercial, shipping,  employment and personal injury matters.

Ishfaq is a Member of the Commercial Bar Association, the London Shipping Law Centre, the Employment Law Bar Association, the Chartered Institute of Arbitrators, the Employment Lawyers Association, the Industrial Law Society, the Institute of Employment Rights and of Lincoln’s Inn. He is fluent in Urdu, has a working knowledge of French and is able to read and understand some Arabic and Persian script.

Ishfaq was admitted to the Register of Practitioners of the Dubai International Financial Centre Courts in 2014 and  has appeared before the Dubai World Tribunal.


Business and Property 
  • All aspects of sales of goods including domestic sales, FOB/CIF sale contracts, documentary credits and associated finance.
  • International and domestic maritime and commercial arbitration.
  • Domestic and international carriage of goods.
  • Charterparty and bill of lading disputes, including Hague/Hague-Visby Rules, unseaworthiness claims, unsafe port disputes, disputes as to demurrage, hire and detention and liens.
  • Rail and aviation claims including under the Warsaw Convention.
  • Insurance disputes including as to coverage, non-disclosure and interpretation of policies.
  • All types of injunction and interim relief including anti-Suit injunctions and freezing injunctions.
  • Jurisdiction under the Recast Brussels Regulation, Lugano Conventions and common law.
  • Choice of law for contractual and non-contractual obligations including Rome I Regulation (EC) No. 593/2008 and Rome II Regulation (EC) No. 864/2007.

Employment

All aspects of employment law and related disputes, including:

  • Contracts of employment (terms, restrictive covenants, interpretation and breach).
  • Dismissal (unfair and wrongful dismissal).
  • Equal pay.
  • Transfer of undertakings.
  • Health and safety (including stress related injury).
  • Collective labour law.

Personal Injury

Advising and representing in a range of matters including road traffic accidents, employer’s liability, occupier’s liability and accidents on board ships.

Recent experience includes appearing and advising in disputes on liability and quantum in a variety of matters and representing in credit hire claims.

In particular, representing in high value claims involving allegations of fraud and/or fundamental dishonesty and claims with multiple claimants.  Cases include dealing with allegations of fake passengers, exaggeration and staged accidents.

Recent cases

  • Advising and representing in respect of liability for the sinking of a vessel within Defendant’s wet berth and drydock facility.
  • Advising and representing in respect of collisions between vessels and by vessels with harbour structures raising issues as to liability and betterment.
  • Charterparty dispute concerning frustration of long-term contract of affreightment worth several million dollars.
  • Dispute on safety of a port following grounding of a vessel in the UAE.
  • Regularly advising on the proper interpretation and effect of commercial documents with ad hoc terms and/or incorporating international conventions including bills of lading, charterparties and other contracts. For example, recent advices have related to the proper interpretation and exercise of a lien/cesser of liability clauses, the proper measure of damages, war risks clauses, deviation, deadfreight clauses, package limitation, “knock for knock” provisions in a towage contract, the meaning and effect of ad hoc provisions in ship-building contracts, the Hague/Hague-Visby Rules, the CMR convention and the Warsaw Convention (as amended).
  • Anti-suit injunctions obtained in respect of foreign proceedings brought in breach of English jurisdiction/arbitration clauses and/or vexatiously.
  • Advising and representing in court in respect of relief under s.44 Arbitration Act 1996 and applications for freezing injunction and security for costs.
  • Advising on and representing in respect of applications under s.9 (stay of legal proceedings), s.67 (substantive jurisdiction challenge to award) and s.68 (serious irregularity challenge to award) and appeals on point of law under s.69 Arbitration Act 1996.
  • Arbitration concerning liability for Charterers’ rejection of delivery of gasoil on the basis of faulty discharge machinery raising complex factual, expert and legal issues.
  • Advising on the application of the Iran sanctions regime and impact on contractual obligations (e.g. Owners’ carriage obligations) and subsequent remedies.
  • Manufacturer’s and supplier’s liability in respect of faulty parts supplied for ship engines.
  • Liability of repair company for faulty aircraft repair / delay.
  • Advising on the merits of complex employment claims.
  • Advising on whether certain persons were “employees” or not for the purposes of employment legislation.
  • Representing in cases involving all aspects of discrimination law, unfair dismissal, protected disclosure / whistle-blowing and victimisation.
  • Advice on the proper construction and effect of a restrictive covenants in employment contracts.
  • Advising on proper procedures to follow in redundancy matters.
  • Advising / representing in respect of accidents on board ships.

Published Journals

  • PLC Arbitration Blog: Bremaining optimistic: impact on London arbitration following Brexit, with Andrew Dinsmore (July 2016)
  • The Meaning of “Trip”: The Wehr Trave (April 2016)
  • Direct Actions Against Insurers by Third Parties: the contract takes priority – The Yusuf Cepnioglu [2016] EWCA 386 (April 2016)
  • PLC Dispute Resolution Blog: Arbitration, litigation and the growth of the common law (March 2016)
  • Update: The Compensatory Principle – Glory Wealth Shipping PTE Ltd v Flame SA [2016] EWHC 293 (Comm) (Feb 2016)
  • Jurisdiction Agreements, Declarations, Damages and Compatibility with Regulation 44/2001
  • A critical discussion of the relationship between section 37 of the Senior Courts Act 1981 and section 44 of the Arbitration Act 1996.
  • Repudiatory Breach, Damages and the Ability to Perform – The Glory Wealth.
  • Employment law update on the cases of Nolan v United States (Court of Appeal, redundancy) and Gisda Cyf v Barrett (Supreme Court, unfair dismissal).
  • ‘Clarifying forum shopping in absence of express choice’ published in Lloyd’s List on 15 December 2010
  • ‘Ultimate Scope of Vice in Marine Casualties’, published in Lloyd’s List on 28 October 2010
  • ‘Salvage Awards: the Ocean Crown’ published in International Trade and Transport Newsletter, Vol. 1, Issue 5

Education

2014 Master of Laws in Commercial Law (Distinction)
2013 Postgraduate Advanced Award in International Commercial Litigation (Distinction)
2012 Postgraduate Advanced Award in International Commercial Arbitration
2007 Postgraduate Advanced Award in Individual Employment Rights (Distinction)
2006 Postgraduate Advanced Award in International Law (General Principles)
1998-99 Inns of Court School of Law: Bar Vocational Course
1995-98 The University of Bristol: First Class Honours in LLB Law Degree

Appointments and Memberships

2013 – 2016: External Examiner Bar Professional Training Course in respect of Advocacy, Conference and Resolution of Disputes Out of Court
2015: Chartered Institute of Arbitrators (MCIArb)
2016 – Present: External Examiner Bar Professional Training Course in respect of Commercial Dispute Resolution and Practice, International Trade, International Commercial Practice and Alternative Dispute Resolution (Mediation)
2017 – Present: Secretary of Institute of Arbitrators, Thames Valley Branch