Fei is a disputes lawyer specialising in shipping, commodities, aviation, and cross-border litigation and arbitration. Within the shipping industry she often advises on charterparties, bills of lading, international sales of goods, and shipbuilding contracts and disputes.
As an experienced litigator, Fei regularly handles litigation and arbitration in London and elsewhere, and has run many international arbitrations under the auspices of LMAA, FOSFA, GAFTA, HKIAC, LCIA, ICC, etc.
She also advises on non-contentious matters, such as drafting various transportation agreements, charterparty terms, sale and purchase agreements, shipbuilding contracts and the ancillary documents, share purchase agreements, and joint venture agreements.
Fei’s clients include shipowners, charterers, trading companies, shipyards, banks, P&I clubs, insurance companies, airlines, leasing companies and other types of commercial entities. She regularly advises many PRC state-owned companies as well as multinational corporations.
Fei is an alumnus of Oxford University, Xiamen University, and South-Central University of Economics and Law. She is fluent in English and Mandarin.
Expertise
- Shipping
- Commodities
- Shipbuilding
- Aviation
- Commercial litigation
- Cross-border litigation and international arbitration
- Charterparties
- Transportation agreements
- Bills of lading
- International sales of goods
- Letters of credit
- Ship sale and purchase
Experience
Commodities & Trade
- Acted on behalf of a buyer in an ICC arbitration for disputes arising from a contract of sale of steels for non-payment of the contract price and the alleged counterclaim of off-spec cargo.
- Advised commodities traders on many FOSFA arbitrations in connection with various claims (including sunflower seeds oil contamination claims, non-performance of soybean futures contracts, unlawful termination of a fish oil sale contract).
- Acted on behalf of a buyer in a FOSFA arbitration commenced by the seller against it for demurrage under the contract of sale of soy beans.
- Advised a commodities trader on a GAFTA arbitration in connection with a joint venture agreement for the sale and purchase of fertilizers.
- Acted on behalf of the seller in High Court litigation for non-payment of the contract price for the sale of fish.
- Advised a commodities trader on SMA arbitrations for disputes arising from a series of contracts of sales of DDGS.
- Acted on behalf of a commodity trader (seller) to defend a claim brought by the buyer for non-delivery of the goods under a fuel oil sale and purchase agreement. The claimant claimed, amongst other losses, its loss of profit in the derivative trading backed by the goods as well as an indemnity for the damages claimed by the downstream buyer. The total claim amount was approximately USD10 million.
- Acted on behalf of a major Chinese commodity trader in relation to disputes arising out of non-delivery or late delivery in connection with of 15 upstream purchase contracts and 15 downstream purchase sale contracts of Ukraine sunflower seeds on different Incoterms including CIF, CFR, DAP, FAC, FOB. The complexity of the matter was caused by the fact that the upstream contracts and the downstream contracts were not on back-to-back terms. The total claims amounts were approximately USD21 million.
- Represented many Amazon traders on their claims against Amazon for Amazon’s unreasonable suspension of their account and sale links. All the disputed accounts were fully re-opened and the sale links were reinstated.
- Represented one of the largest state-owned commodity traders in China in an LCIA arbitration commenced by the claimant seller against respondent buyer for the alleged demurrage arising from a contract of sale of thermal coal in bulk between the parties. The total claims value was approximately USD2 million.
- Advised a commodity trader on SMA arbitrations for disputes arising from a series of contracts of sales of DDGS. The total amount of the claims was approximately USD20 million.
- Acted on behalf of a commodity trader in an ICC arbitration for disputes arising from a contract of sale of steels for non-payment of the contract price and the alleged counterclaim of off-spec cargo. The total amount of the claims was approximately USD9 million.
- Advised commodity traders on numerous FOSFA arbitrations in connection with various claims (including sunflower seeds oil contamination claims, non-performance of soybean futures contracts, unlawful termination of a fish oil sale contract).
- Advised a commodity trader on a GAFTA arbitration in connection with a joint venture agreement for the sale and purchase of fertilizers.
Shipping & Offshore
- Advised (including acting on behalf of various parties in LMAA arbitrations) on numerous charterparty disputes including but not limited to cargo claims, hire claims, early redelivery of the vessel under time charters, claims for damage to the vessels, speed and performance claims, demurrage claims, arrest proceedings, claims for disputes arising out of fire on board, claims arising out of piracy related issues, claims arising out of delivery of cargoes without production of bills of lading, claims arising out of alleged mistakes in the charterparty; ex parte or on notice applications for various court orders, construction of charterparty terms, enforcement of arbitration awards, and claims for recoverable cost.
- Acted on behalf of a bank in High Court proceedings in respect of a dispute arising out of the alleged fraudulent charterparty.
- Acted on behalf of the cargo interests in an LOF Arbitration in relation to a claim from the salvors for remuneration for the salvage services rendered to the ship and cargo.
- Acted on behalf of shipowners in HKIAC arbitration in connection with unpaid freight under the voyage charters.
- Advised an offshore engineering company on an ad hoc arbitration in connection with a dispute arising from the delay in completing an offshore construction project.
- Advised a shipowner on the termination of a complex UK tax lease structure.
- Advised a shipowner on two separate LMAA arbitrations commenced by buyers of two vessels under two separate Memoranda of Agreement (“MOA”) for sale of vessels. The main dispute regarding the first MOA was whether the sellers are liable to the buyer for the alleged damages arising from the MOA not coming into effect due to non-fulfilment of condition precedents. The dispute regarding the second MOA was whether any legally binding MOA existed at all. The total value of the claims was approximately USD467 million.
- Advised (including acting on behalf of various parties in LMAA arbitrations) on numerous charterparty disputes including but not limited to cargo claims, hire claims, early redelivery of the vessel under time charters, claims for damage to the vessels, speed and performance claims, demurrage claims, arrest proceedings, claims for disputes arising out of fire on board, claims arising out of piracy-related issues, claims arising out of delivery of cargoes without production of bills of lading, claims arising out of alleged mistakes in the charterparty; ex parte or on notice applications for various court orders, construction of charterparty terms, enforcement of arbitration awards, and claims for recoverable cost.
- Acted on behalf of a bank in High Court proceedings in respect of a dispute arising out of the alleged fraudulent charterparty.
- Acted on behalf of the cargo interests in an LOF Arbitration in relation to a claim from the salvors for remuneration for the salvage services rendered to the ship and cargo.
- Acted on behalf of shipowners in HKIAC arbitration in connection with unpaid freight under the voyage charters.
- Advised a shipowner on the termination of a complex UK tax lease structure.
- Advised a cargo owner for the loss and damage to the cargo carried by air caused by the air carrier’s mishandling of the cargo at loading, the contract of carriage being subject to the Warsaw Convention and Montreal Convention.
- Represented one of the largest metallurgical corporations in north-west China in two LCIA arbitrations regarding claims for damages arising out of the alleged contracts of sale of 30,000 wmt Manganese Ore and sale of 20,000 wmt Manganese Ore respectively. The total value of the claims was approximately USD4 million.
- Acted on behalf of a major bank in relation to its claim against an international remittance service provider arising out of a long-term remittance service agreement. The total claim amount was approximately USD50 million.
Shipbuilding
- Advised a shipyard in an HKIAC arbitration in connection with the Buyer’s termination of the shipbuilding contract.
- Acted on behalf of the Yard in an LMAA arbitration to defend the Owner’s claim for loss and damage suffered as a result of the alleged structural defects in the newbuilt.
- Advised a seller/builder on an LMAA arbitration commenced by the seller/builder against the buyer’s parent company for payment of the contract price under the payment guarantee provided by the parent company.
- Advised the seller on an LMAA arbitration commenced by the buyer for refund of the advance payments made by the buyer to the seller on account of the vessel due to non-delivery of the vessel.
- Advised the seller’s agent (who procured the refund guarantees to be issued to the buyer by its bank) on an LMAA arbitration commenced by the buyer for refund of the advance payments made by the buyer to the seller due to the buyer’s administration.
- Advised a shipyard on a dispute arising from a brokerage agreement in connection with the commission allegedly due by the yard to the broker for introducing the buyer.
- Advised banks on issues arising out of the payment guarantees or refund guarantees.
- Advised a shipyard on an LMAA arbitration for a dispute arising from a shipbuilding contract for construction of a 3100 TEU Container Vessel and the associated option agreement. The matter involved two vessels, the total value of which were nearly USD70 million.
- Advised a PRC state-owned shipbuilding company on an LMAA arbitration commenced by a buyer of four container feeder vessels. The claimant alleged that the shipyard repudiated the shipbuilding contracts and claimed return of the advance payments and damages for approximately £93 million. The shipyard counterclaimed for damages of approximately £1.6 million. The total value of the claims was approximately USD94 million.
- Advised a PRC state-owned shipbuilding company on two Memoranda of Agreement (“MOAs”) for the sale of an oil/chemical carrier and a product oil tanker respectively. Assisted the client with the drafting and negotiating of the MOAs with the buyer. The total value of the claim was USD50 million.
- Advised a Chinese shipyard on a dispute arising out of a ship design agreement for the design of reefer vessels. Advised the client on its claim against the ship design company for loss and damages arising from the design company’s negligent design. The total claim amount was approximately USD7 million.
- Advised a Chinese shipyard on the disposal of 16 shipbuilding contracts, the performance of which ran into difficulties due to the fact that the de facto buyer of these vessels (who guaranteed the performance of the contracts by the legal buyers) went into judicial management proceedings. The total amount at stake was approximately USD416 million.
- Advised a Chinese shipyard on two disputes under two separate shipbuilding contracts in claims brought by the buyers against them for refund of the advance payments. The buyers purported to terminate the shipbuilding contracts on the ground that the sellers failed to deliver the vessels before the contractual cancelling dates. The claim amounts for the two disputes were USD5 million and USD3 million, respectively.
- Advised an offshore engineering company on an ad hoc arbitration in connection with a dispute arising from the delay in completing an offshore construction project.
Aviation
- Advised an airline on recovery of losses as a result of delays in the supply and installation of the aircraft seating by the seating company.
- Advised a cargo owner for the loss and damage to the cargo carried by air caused by the air carrier’s mishandling of the cargo at loading, the contract of carriage being subject to the Warsaw Convention and Montreal Convention.
- Advised an airline on recovery of losses as a result of delays in the supply and installation of the aircraft seating by the seating company. The total amount of the claims was approximately USD100 million.
Arbitration
- Acted on behalf of a major bank in relation to its claim against an international remittance service provider arising out of a long-term remittance service agreement. The total claim amount was approximately USD50 million.
- Advised a Chinese shipyard on the disposal of 16 shipbuilding contracts, the performance of which ran into difficulties due to the fact that the de facto buyer of these vessels (who guaranteed the performance of the contracts by the legal buyers) went into judicial management proceedings. The total amount at stake was approximately USD 416,000,000.
- Represented one of the largest metallurgical corporations in north-west China in two LCIA arbitrations regarding claims for damages arising out of the alleged contracts of sale of 30,000 wmt manganese ore and sale of 20,000 wmt manganese ore, respectively. The total value of the claims was approximately USD 4,150,000.
- Represented many Amazon traders on their claims against Amazon for Amazon’s unreasonable suspension of their account and sale links. All the disputed accounts were fully re-opened and the sale links were reinstated.
- Advised the shipyard on an LMAA arbitration for a dispute arising from a shipbuilding contract for construction of a 3100 TEU container vessel and the associated option agreement. The matter involved two vessels, the total value of which were nearly USD 70 million.
Commercial
- Advised a retail company on an HKIAC arbitration in connection with a dispute arising out of a joint venture agreement and a financing agreement.
- Advised an energy company on an LCIA arbitration for a claim for recovery of certain third-party expenses by the buyer from the seller under the share purchase agreement.
- Advised a start-up incubation company on a number of issues arising from a director’s breach of fiduciary duties and fraud, including the director’s removal and recovery of losses from the director.
- Acted on behalf of an energy company in relation to an online fraud committed by an unknown computer hacker.
- Acted on behalf of the seller in High Court litigation for non-payment of the contract price for the sale of fish.
- Acted on behalf of a buyer in a FOSFA arbitration commenced by the seller against it for demurrage under the contract of sale of soybeans.
Please note: The experience list above may include examples of work completed prior to joining Keystone Law.
Recognition
Recognised by Chambers UK 2023 for Shipping
“I continue to work with Fei Mao at her new firm because of her extensive legal background and knowledge of the Chinese market.” Chambers UK 2023
“She is very experienced, bright and on the ball. Fei is always on top of the facts and thinks about things in a proactive and constructive way.” Chambers UK 2023
“What impresses us very much is her ability to work closely with us as the client and her insight into key points in a case.” Chambers UK 2023
Recognised by The Legal 500 (2022-2023) for Shipping
Recognised by The Legal 500 (2022 – 2023) for Oil & Gas
“Fei Mao is experienced and competent – and a real fighter.” The Legal 500 2023
Recommended in The Legal 500 for Shipping since 2015
“Fei Mao is an experienced and professional lawyer. We have learned a lot in coorporation with her.” The Legal 500 2021
“Fei has extensive experience in cross-border commercial litigation and is singled out for her ‘rich shipping sector knowledge and personal charm.”
The Legal 500 2019
“Fei has been praised by the clients for her ‘strong professional knowledge’ and ‘practical approach’”
The Legal 500 2018
Recommended “Next Generation Partner”
The Legal 500 2015–2017
Career
Fei is qualified in England & Wales as a solicitor, and also in China as a lawyer (non-practising). Prior to joining Keystone Law in 2019, she worked at the following firms:
- Ince
- DLA Piper
- HFW
- Reed Smith