F. Robert Denig
Rob Denig is a litigator in Holland & Knight's New York office. Mr. Denig practices in the areas admiralty law, international commercial arbitration and litigation, and maritime arbitration, as well as a broad range of general commercial disputes.
Mr. Denig's maritime practice focuses on charter party and contract of affreightment disputes, cargo claims, collisions and other marine casualties, oil spills and environmental damages claims, salvage and general average. He has extensive experience with Rule B maritime attachments, Rule C arrests and Rule F limitation of liability proceedings, and he regularly represents client in Society of Maritime Arbitrators (SMA) and Houston Maritime Arbitration Association (HMAA) arbitration. He advises clients, including vessel owners and operators, Protection and Indemnity (P&I) Clubs and insurers, on a broad range of maritime issues, including U.S. sanctions, International Maritime Organization (IMO) 2020 regulations and COVID-19-related force majeure issues.
In addition, Mr. Denig frequently represents client with respect to environmental claims arising under the Oil Pollution Act of 1990, Clean Water Act and Comprehensive Environmental Response, Compensation and Liability Act (CERCLA or Superfund), and has assisted clients with claim submissions to the National Pollution Funds Center. Mr. Denig also represents clients in all phases of dispute resolution with a focus on international arbitration involving international sale of goods, the raw materials sector and mining operations. He frequently represents public utilities and energy companies with respect to disputes and casualties involving undersea utilities and power transmission systems. He also has extensive experience with foreign sovereign immunity issues, anti-suit injunctions, U.S. discovery in support of foreign proceedings, the recognition enforcement of domestic and foreign arbitration awards, judgement enforcement and veil piercing, alter ego and enterprise liability issues.
Mr. Denig's recent representative experiences include:
- Maritime Attachment: Obtained Rule B maritime attachment of several bank accounts in multiple jurisdictions as security for vessel owners' claim for breach of contract of affreightment. Successfully defeated a motion to vacate attachments obtaining an important decision with respect to the interpretation of Rule B finding that a foreign corporation's registration to do business in New York is not alone sufficient to preclude attachment of the corporation's property in the district.
- U.S. Sanctions / Cargo Arrest / International Arbitration: Successfully represented a vessel owner in claims against a charterer related to charterer's violation of U.S. sanctions against Venezuela and breach of the sanctions clause in the parties' charter party agreement. Successfully arrested and exercised owner's lien on the cargo in Rule C proceedings, and oversaw the sale of the cargo at judicial auction, while also obtaining security for the vessel owner's substantive claims in arbitration.
- Vessel Detention: Represented a vessel owner with respect to detention of a vessel in Mexico and successfully negotiated favorable settlement of related claims against charter and cargo interests.
- Marine Casualty: Successfully represented an owner of mobile offshore drilling unit (MODU) in an allision case involving the largest heavy-lift vessel in the world and resulting in the total constructive loss of the MODU.
- Amicus Brief: Submission of amicus brief in the U.S. Supreme Court on behalf of industry leaders concerning important issue related to the interpretation of charterers' safe port warranty in charter party agreements.
- Marine Casualty / Environmental Claims / Limitation of Liability Proceedings: Successfully represented a public utility in limitation of liability proceeding related to an anchor strike incident damaging a major undersea power transmission system, as well as the prosecution of environmental damages claims in parallel proceedings resulting from the same incident.
- International Arbitration and Litigation / Foreign Sovereign Immunity Act: Successfully represented a client in multinational litigation against a foreign state-owned entity with respect to the wrongful cancelation of multiple contracts related to the operation and service of an iron ore mine, including mining supply contracts, sale of goods contract, vessel charters and the operation of an offshore transfer station. The matter involved several actions in the U.S. and Venezuela, maritime arbitration in New York, Miami, London and International Chamber of Commerce (ICC) arbitration in Paris.
Prior to his legal career, Mr. Denig served as master on tugs, offshore supply vessels, oil spill response vessels and research vessels.
- Hofstra University School of Law, J.D.
- Ashford University, B.A.
- New York
- Connecticut Bar Association
- American Wind Energy Association
- The Legal 500 USA, Transport: Shipping - Litigation and Regulation, 2021, 2022
- Rising Star, New York Super Lawyers magazine, 2014-2021