Mr. Gutowski graduated with a BA from Columbia University in New York in 1978.  He earned his law degree from Tulane University in New Orleans, where he graduated cum laude with a concentration in international transportation law. Immediately after graduation in 1981, he joined Freehill Hogan & Mahar as an associate, became a partner in 1987 and has remained with the firm throughout his career.

Mr. Gutowski’s practice focuses on both international and domestic transportation related matters, many of which involve complex legal and factual issues.  He has been described by Chambers as an “aggressive, clear-minded and decisive” attorney, capable of navigating the “tough cases.”  Routinely ranked among the highest tier of attorneys in Best Lawyers, Who’s Who Legal and Chambers, he has been credited as “dedicated and extremely hard working” (Best Lawyers 2012), a “damn fine and deeply knowledgeable lawyer who stays in control and tries a lot of cases”, and an individual who can cut through “all the mist and target what’s needed.” Recently, one of his peers commented that: “I would hire him for my personal affairs – that is the best recommendation I could give.”  Chambers Global 2014.

With more than thirty years of litigation and arbitral experience, Mr. Gutowski has served as lead counsel in a variety of high profile transportation related casualty and contract disputes from situations around the globe.  Of late, he recovered in excess of $34 million for a foreign client in an arbitration involving the breach of a long term COA for the supply of asphalt, successfully defended a vessel charterer in a total loss claim lodged by the owner for damages in excess of $30 million involving the sinking of a container vessel, and participated in the successful prosecution of a US-based product manufacturer in a multi-million dollar fire case.  His practice includes a concentration on commodities related matters and sale and purchase agreements.  Recent cases include the successful prosecution of claims for a multi-million dollar breach by the buyer of LPG under a long term sales agreement and the recovery of a multi-million dollar award for breach of a vessel sale agreement against a major US agribusiness entity. He also regularly counsels clients in ongoing disputes involving all aspects of transportation and international sales agreements, and assists with the drafting of sales and other commercial agreements including asset purchase agreements and service contracts.  He practices in both state and federal court, as well as in arbitration before the New York SMA and AAA’s international division, the ICDR.  Mr. Gutowski has particular expertise with provisional remedies (such as the arrest and attachment mechanisms) in both domestic and international arenas and has handled a myriad of veil piercing cases and matters touching on international jurisdictional disputes.

Mr. Gutowski has also served as a commercial arbitrator, has presented papers/made presentations on corporate veil piercing issues, security proceedings and fraud claims, and recently co-authored the US section of the Shipping International Trade Law text published by Sweet & Maxwell, a division of Thomson Reuters. Recently described by Chambers as an “excellent lawyer who is good on his feet, articulate and skillful” and a “smart practitioner who “really looks out for his clients’ interest”, Mr. Gutowski brings to his cases a balanced approach grounded on many years of practical, commercial experience and legal acumen, “properly aggressive” when necessary, but always with the clients’ ultimate best interest in mind.

On a personal level, Pete enjoys skiing, sailing and all types of outdoor activities.  He regularly participates in triathlons and obstacle course races, including Ironman, Spartan and Tough Mudder competitions.  He brings to his cases the same level of enthusiasm and energy he devotes to his extracurricular activities.

• Chambers USA - America’s Leading Lawyers for Business, Transport Litigation, 2005-2020 (Band 1)
• Euromoney’s International Trade and Shipping Guide, 2015, 2019
• Who’s Who Legal: Transport 2008-2020
• The Best Lawyers in America Guide, Maritime Law, 2007-2020; New York City Admiralty and Maritime Law Lawyer of the Year - 2018
• Chambers Global - The World’s Leading Lawyers for Business, Shipping, 2003-2007, 2011-2019
• Expert Guides Best of the Best, 2015, 2017, 2018
• Expert Guides Best of the Best USA, 2008-2018
• The International Who’s Who of Shipping and Maritime Lawyers, 2007, 2009-2012
• The Legal 500 - USA, 2009, 2019, Leading Lawyer
• Martindale-Hubbell, AV Preeminent Rating
• New York Super Lawyers Magazine, 2007-2017

Representative Matters and Cases

• Recovery in Long Term Transportation Agreement: Recovered in excess of $33 million for clients in an international arbitration involving the breach of a long term agreement for the shipment of asphalt;
• Recovery in Breach of Sales Contract: Recovered $5.3 million for sellers in a dispute regarding repudiation of a contract for the sale of a tanker;
• Defense in Vessel Total Loss Claim: Successfully defended a vessel charterer in a litigation against claims totaling in excess of $30 million arising from the total loss/sinking of a container ship;
• Recovery in Product Defect Case: Successfully participated as co-lead counsel in litigation for recovery against a US-based chemical manufacturer for damages caused by defectively packaged and labeled product resulting in losses/damages of $50+ million;
• Recovery in Long Term Gas Sales Agreement: Successful prosecution of claims for the seller in an international arbitration for a multi-million dollar breach by buyer of LPG under a long term sales agreement and minimized damages for counterclaim by the breaching buyer;
• Recovery for Non-Performance Claims against Force Majeure Defense: Recovered $850K for clients in connection with a claim for non-performance based on purported force majeure and successful prosecution of litigation confirming award and reduction of award to a judgment;
• Gas Purchase Agreement: Participated in the negotiation, drafting and finalization of a $325 million long-term gas supply agreement;
• Asset Purchase Agreement: Participated in the negotiation, drafting and finalization of a $95 million asset purchase agreement for gas plants;

U.S. Court of Appeals

• Hapag-Lloyd Aktiengesellschaft v. United States Oil Trading LLC, 814 F.3d 146 (2d Cir. 2016)
• Catlin Ins. Co. v. Bernuth Lines Ltd. (In re MS "ANGELN" GMBH & Co. Kg), 510 Fed. Appx. 90 (2d Cir. N.Y. 2013)
• Optimum Shipping & Trading S.A. v. Prestige Marine Servs. Pte, 354 Fed. Appx. 532 (2d Cir. N.Y. 2009)
• Mark J. Fisher, Inc. v. M/V DG Harmony (In re M/V DG Harmony), 518 F.3d 106 (2d Cir. N.Y. 2008)
• Asoma Corp. v. SK Shipping Co., 467 F.3d 817 (2d Cir. N.Y. 2006)
• Asoma Corp. v. SK Shipping Co., 53 Fed. Appx. 581 (2d Cir. N.Y. 2002)
• Brocsonic Co. v. M/V Mathilde Maersk, 270 F.3d 106 (2d Cir. N.Y. 2001)
• International Marine Investors & Mgmt. Corp. v. Labropoulos, 1999 U.S. App. LEXIS 32051 (2d Cir. Nov. 23, 1999)
• Daye Nonferrous Metals Co. v. Trafigura Beheer B.V., 1998 U.S. App. LEXIS 12943 (2d Cir. N.Y. May 26, 1998)
• Reefer & Gen. Shipping Co. v. Great White Fleet, 1997 U.S. App. LEXIS 2709 (2d Cir. N.Y. Feb. 12, 1997)
• Cornish Shipping v. International Nederlanden Bank N.V., 53 F.3d 499 (2d Cir. N.Y. 1995)
• Marine Products Export Corp. v. M.T. Globe Galaxy, 977 F.2d 66 (2d Cir. N.Y. 1992)
• Mujahid v. M/V Hector, 1991 U.S. App. LEXIS 28445 (4th Cir. 1991)
• In re Complaint of Damodar Bulk Carriers, Ltd., 903 F.2d 675 (9th Cir. Haw. 1990)
• Victrix S.S. Co., S.A. v. Salen Dry Cargo A.B., 825 F.2d 709 (2d Cir. N.Y. 1987)
• Insurance Co. of North America v. S/S American Argosy, 732 F.2d 299 (2d Cir. N.Y. 1984)

U.S. District Court

• U.S. Oil Trading, LLC v. M/V Vienna Express, 2015 U.S. Dist. LEXIS 103999 (W.D. Wash. 2015)
• UPT Pool Ltd. v. Dynamic Oil Trading (Sing.) Pte. Ltd., 2015 U.S. Dist. LEXIS 85950 (S.D.N.Y. 2015)
• In re MS "Angeln" Gmbh & Co. KG, 10 F. Supp. 3d 424 (S.D.N.Y. 2014)
• Phoenix Bulk Carriers, Ltd. v. Am. Metals Trading, LLP, 2013 U.S. Dist. LEXIS 156683 (S.D.N.Y. Oct. 31, 2013)
• Wind Shipping Co. S.A. v. Novel Commodities S.A., 2013 U.S. Dist. LEXIS 100392 (M.D. Pa. July 18, 2013)
• Daebo Int'l Shipping Co. v. Americas Bulk Transp. (BVI) Ltd., 2013 U.S. Dist. LEXIS 70737 (S.D.N.Y. May 17, 2013)
• Optimum Shipping & Trading S.A. v. Prestige Marine Servs. Pte, 2010 U.S. Dist. LEXIS 97410 (S.D.N.Y. Aug. 23, 2010)
• Kingsbury Navigation Ltd. v. Koch Shipping Inc., 2012 U.S. Dist. LEXIS 85169 (S.D.N.Y. 2012)
• Catlin Ins. Co. (UK) Ltd. v. Bernuth Lines Ltd. (In re MS "Angeln" GmbH & Co. KG ), 2012 U.S. Dist. LEXIS 46186 (S.D.N.Y. Mar. 28, 2012)
• Eres N.V. v. Citgo Asphalt Ref., LLC, 2010 U.S. Dist. LEXIS 47691 (S.D. Tex. May 14, 2010)
• Coutinho & Ferrostaal, Inc. v. M/V Panoria, 2010 U.S. Dist. LEXIS 139112 (S.D.N.Y. 2010)
• Granite Enters. v. Virgoz Oils & Fats Pte, Ltd., 2010 U.S. Dist. LEXIS 12037 (S.D.N.Y. 2010)
• Polestar Mar. Ltd. v. Nanjing Ocean Shipping Co., 631 F. Supp. 2d 304 (S.D.N.Y. 2009)
• Eres N.V. v. CITGO Asphalt Ref. Co., 605 F. Supp. 2d 473 (S.D.N.Y. 2009)
• Aracruz Trading Ltd. v. Japaul Oil & Mar. Servs., PLC, 2009 U.S. Dist. LEXIS 20868 (S.D.N.Y. 2009)
• Wealcan Enters. v. CNAN Group S.p.A., 2009 U.S. Dist. LEXIS 44281 (S.D.N.Y. May 26, 2009)
• Troitsk Shipping, Inc. v. M.R.S. Oil & Gas Ltd., 2009 U.S. Dist. LEXIS 94088 (S.D.N.Y. Oct. 8, 2009)
• Mur Shipping BV v. Chorus Shipping Co., 2009 U.S. Dist. LEXIS 107740 (S.D.N.Y. Nov. 18, 2009)
• Ams. Bulk Transp., Ltd. v. Lion Shipholdings, 2009 U.S. Dist. LEXIS 116325 (S.D.N.Y. Nov. 18, 2009)
• Marinic Shipping Co. v. Shenhua Coal Trading Co., 2009 U.S. Dist. LEXIS 116199 (S.D.N.Y. Dec. 11, 2009)
• Ocean Line Holdings Ltd. v. China Nat'l Chartering Corp., 578 F. Supp. 2d 621 (S.D.N.Y. 2008)
• Ams. Bulk Transp. Ltd. v. Volcano Shipping S.A., 2008 U.S. Dist. LEXIS 4269 (S.D.N.Y. Jan. 18, 2008)
• DSND Subsea AS v. Oceanografia, S.A. de C.V., 569 F. Supp. 2d 339 (S.D.N.Y. 2008)
• Novoship (UK) Ltd. v. Ruperti, 545 F. Supp. 2d 328 (S.D.N.Y. 2008)
• Phoenix Bulk Carriers Ltd. v. Unicarbon Ltd., 2008 U.S. Dist. LEXIS 106553 (S.D.N.Y. Feb. 13, 2008)
• Safic Alcan & Cie v. M/T Kasco, 565 F. Supp. 2d 519 (S.D.N.Y. 2008)
• Dominion Bulk Int'l, S.A. v. Naviera Panoceanica, S.A.C., 2008 U.S. Dist. LEXIS 52707 (S.D.N.Y. 2008)
• In re M/V DG Harmony, 2007 U.S. Dist. LEXIS 23176 (S.D.N.Y. Mar. 16, 2007)
• Novorossiysk Shipping Co. v. China Pac. Prop. Ins. Co., 2006 U.S. Dist. LEXIS 80659 (S.D.N.Y. 2006)
• In re M/V DG Harmony, 394 F. Supp. 2d 649 (S.D.N.Y. 2005)
• Asoma Corp. v. M/V Faros, 2005 U.S. Dist. LEXIS 39718 (S.D.N.Y. 2005)
• Levi Strauss & Co. v. Sea-Land, 2003 U.S. Dist. LEXIS 8171 (S.D.N.Y. 2003)
• Contship Containerlines, Ltd. v. PPG Indus., Inc., 2003 U.S. Dist. LEXIS 6857 (S.D.N.Y. Apr. 17, 2003)
• Phoenix Bulk Carriers v. Oldendorff Carriers Gmbh & Co., 2002 U.S. Dist. LEXIS 21421 (S.D.N.Y. 2002)
• Big Red Boat (Two) Ltd. v. Greenwich Ins. Co., 2002 U.S. Dist. LEXIS 9858 (S.D.N.Y. May 31, 2002)
• Fesa Uk v. M/V Artis Sun, 2002 U.S. Dist. LEXIS 23419 (S.D.N.Y. Mar. 26, 2002)
• Asoma Corp. v. M/F Faros, 2001 U.S. Dist. LEXIS 20537 (S.D.N.Y. Dec. 12, 2001)
• Conti Zweite Cristallo Schiffarhrts Gmbh & Co. KG v. PPG Indus., 2001 U.S. Dist. LEXIS 15579 (S.D.N.Y. Sept. 27, 2001)
• Linea Naviera de Cabotaje,C.A. v. Mar Caribe de Navegacion, C.A., 169 F. Supp. 2d 1341 (M.D. Fla. 2001)
• Brocsonic Co. v. M/V Mathilde Maersk, 120 F. Supp. 2d 372 (S.D.N.Y. 2000)
• OT Afr. Line Ltd. v. First Class Shipping Corp., 2000 U.S. Dist. LEXIS 19959 (S.D.N.Y. Mar. 27, 2000)
• Prebena Wire Bending Mach. Co. v. Transit Worldwide Corp., 1999 U.S. Dist. LEXIS 19643 (S.D.N.Y. Dec. 21, 1999)
• Linea Naviera De Cabotaje C.A. v. Mar Caribe De Navegacion C.A., 1999 U.S. Dist. LEXIS 22500 (M.D. Fla. 1999)
• Limonium Maritime, S.A. v. Mizushima Marinera, S.A., 1999 U.S. Dist. LEXIS 20010 (S.D.N.Y. 1999)
• Columbine Shipping v. China Metallurgical Import & Export Corp., 1998 U.S. Dist. LEXIS 255 (S.D.N.Y. Jan. 9, 1998)
• Seatrans Shipping Corp. v. Interamericas Marine Transp., 1997 U.S. Dist. LEXIS 17132 (S.D.N.Y. Oct. 30, 1997)
• Daye Nonferrous Metals Co. v. Trafigura Beheer B.V., 1997 U.S. Dist. LEXIS 9661 (S.D.N.Y. July 2, 1997)
• Rolls Royce Indus. Power (India) v. M.V. Fratzis M., 1996 U.S. Dist. LEXIS 22592 (S.D.N.Y. Oct. 28, 1996)
• Skaarup Shipping Corp. v. Sea Marshall Navigation, 1995 U.S. Dist. LEXIS 9554 (S.D.N.Y. July 10, 1995)
• Keystone Shipping Co. v. Compagnie Marocaine de Navigation, 1990 U.S. Dist. LEXIS 8975 (S.D.N.Y. 1990)
• Toxotis Compania Naviera, S.A. v. Shipalks Shipping A.G., 1990 U.S. Dist. LEXIS 5616 (S.D.N.Y. May 10, 1990)
• Travelers Indem. Co. v. S/S Sikorski, 716 F. Supp. 1 (S.D.N.Y. 1989)
• Centennial Ins. Co. v. M/V Constellation Enterprise, 639 F. Supp. 1261 (S.D.N.Y. 1986)
• HARIM TRADING CO. v. UNIPORT SHIPPING CORP., 1985 U.S. Dist. LEXIS 20972 (S.D.N.Y. Apr. 8, 1985)

Reported State Court Cases

• Zissimatos v. United States Trust Co., 10 A.D.3d 587 (N.Y. App. Div. 1st Dep't 2004)

Arbitrations

• In the Matter of the Arbitration between Keystone D.T., Inc., as Owner, and Murphy Oil USA, Inc., SMA No. 4266 (2015)
• In the Matter of the Arbitration - between - WESTERN BULK CARRIERS, Disponent Owner - and - BUNGE LATIN AMERICA LLC, Charterer/Disponent Owner - and - INTERAMERICAS COMMODITIES TRADING INC., Fully guaranteed by CONTEGRAL S.A., SMA No. 4258 (2015)
• In the Matter of the Arbitration between GRANDI MOLINI ITALIANI SPA., Claimant and ORION SHIP TRADE S.A., Respondent, SMA No. 4219 (2013)
• In the Matter of the Arbitration -between- AMERICA METALS TRADING, LLP, As Charterer -and- PHOENIX BULK CARRIERS, LTD., As Disponent Owner Under Charter Party dated March 26, 2007, SMA No. 4201, (2013)
• In the Matter of the Arbitration between ALGONQUIN SHIPPING CORP., as Owner/Seller and ARCHER DANIELS MIDLAND COMPANY (a/k/a ARCHER-DANIELS-MIDLAND CO.), as Defendant/Buyer Under a Saleform 1993 dated September 16, 2008, SMA No. 4198 (2013)
• In the Matter of the Arbitration - Between - PHOENIX BULK CARRIERS, LTD. As Disponent Owner - and - AMERICA METALS TRADING, LLP. As Charterer of the M/V CAPTAIN P. EGGLEZOS, Under Charter Party dated January 12, 2008, No. 4164 (2012)
• In the Matter of the Arbitration between URANUS PRODUCT CARRIER CORPORATION, as Bareboat Charterers of the OVERSEAS URANUS and GARLAND INTERNATIONAL INC., as Owners, Under a Demise Charter Party dated November 19, 2004 SMA No. 4141 (2011)
• In the Matter of the Arbitration Between KINGSBURY NAVIGATION LTD., as Claimant and Owner -and- KOCH SHIPPING INC., as Respondent and Charterer of the MT SEADANCER, under an ASBATANKVOY Form Tanker Voyage Charter Party dated November 21, 2007, SMA No. 4131 (2011)
• In the Matter of the Arbitration between Scope Navigation, Inc., as Owner of the M/T SEAKING, and Standard Tankers Bahamas Limited, as Charterer, Under an ExxonMobil Voy2005 Form Charter Party dated November 17, 2005, SMA No. 4104 (2010) In the Matter of the Arbitration between SWISS MARINE SERVICES S.A., as Owner/Claimant, and XCOAL ENERGY & RECOURCES LLC, as Charterer/Respondent, Under a Contract of Affreightment dated January 9, 2004 on the AMWELSH COAL CHARTER Form, SMA No. 4015 (2008)
• In the Matter of the Arbitration Between MEDMAR, INC. as Disponent Owner of the M/V MALYOVITZA And ALLIANCE GRAIN, INC. as Charterer, Under a NORGRAIN Charter Party, dated March 25, 2003, SMA No. 4011 (2008) In the Matter of the Arbitration between Astromar Navigation Co., Ltd., as Owners of the M/V ASTROMAR, and Hugo Neu, Corporation, as Charterers, arising under a Gencon Charter Party dated June 5, 2003, SMA No. 4004 (2008)
• In the Matter of the Arbitration between COSMAR SHIPPING CO. LTD., as Owners of the COSMAR and SLS TRADING COMPANY INC., as Charterers, SMA No. 3944 (2006)
• In the Matter of the Arbitration between SEABOARD MARINE LIMITED, as Charterers and JEBSEN-HARTMANN CARRIERS A/S, as Disponent Owners of the ATLANTIC POWER, SMA No. 3886 (2005)
• In the Matter of the Arbitration - between - TRANSATLANTIC LINES LLC, as Charterer - and - TIDEWATER MARINE, INC., as Owner of the M/V SLY FOX, under a Supplytime 89 Form Charter Party dated November 4, 1998, SMA No. 3834 (2004)
• In the Matter of the Arbitration between SA Marine Corp. S.A., as Disponent Owners of the M/V ENERGY RANGER and CANFORNAV LIMITED as Charterers Under a NYPE Form of Time Charter dated January 23, 2002, SMA No. 3817 (2003)
• In the Matter of the Arbitration - between- CHAS. KURZ & CO., INC. and KEYSTONE SHIPPING CO., as Claimants -and- ELIAS J. KULUKUNDIS, YANNIS E. KULUKUNDIS, MUTUAL SHIPPING CO. and CONSTELLATION MARINE ENTERPRISES LTD., as Defendants, Under a Settlement Agreement and Ad Hoc Agreement to Arbitrate dated January 25, 2002, SMA No. 3797 (2003) In the Matter of the Arbitration Between INTERNATIONAL COFFEE AND FERTILIZER TRADING CO. (INCOFE) Charterer And MERMAID SHIPPING CO. LTD, Disponent Owner of M/V ATLANTIS TWO, Under a Charter Party dated November 18, 1997, SMA No. 3725 (2002)
• In the Matter of the Arbitration -between- CARGOPORT TRANSPORTATION, C.A., as Owner -and- SIDERURGICA DEL ORINOCO (SIDOR), C.A. (f/k/a C.V.G. SIDERURGICA DEL ORINOCO, C.A.) as Charterer, Under Contract of Affreightment ("COA") dated August 1, 1997, SMA No. 3701 (2001)
• In the Matter of the Arbitration - between - ACEROS AREQUIPA S.A., as Charterer of the M/V SEA WIND, - and - NIKKO SHIPPING CO., INC., as Disponent Owner of the M/V SEA WIND, Under a GENCON form of charterparty., SMA No. 3560 (1999)
• In the Matter of the Arbitration - between - SKAARUP SHIPPING CORPORATION as Voyage Charterer - and - SEA MARSHALL NAVIGATION LIMITED as Owner of the MV CASSANDROS UNDER A HOUSE FORM OF VOYAGE C/P dated December 7, 1989, SMA No. 3114 (1994)
• In the Matter of the Arbitration -between- SEAGREEN SHIPPING LTD., as Owners of the TREANA -and- CANPOTEX SHIPPING SERVICES LTD., SMA No. 2929 (1992)
• In the Matter of the Arbitration - between - PROMETHEUS MARITIME (LONDON) LTD., as Disponent Owner of the M/V LELAPS - and - INDIAN BARYTES & CHEMICALS CORP., as Charterer, Under a Gencon Form Charter Party Dated July 24, 1991, SMA No. 2918 (1992)
• In the Matter of the Arbitration - Between -TOXOTIS COMPANIA NAVIERA, S.A., Owner - And -COMMODITIES TRADING INTERNATIONAL CORPORATION, Charterer M/V TOXOTIS C/P dated November 13, 1987, SMA No. 2520 (1988)
• In the Matter of the Arbitration between GEORGIANDIS NAVIGATION INC., Owners of the S/S ANTONIOS G -and- MOBIL SHIPPING & TRANSPORTATION CO., Charterers under a tanker voyage charter party dated June 28, 1977 SMA No. 2384 (1987)
• In the Matter of Arbitration between MITRE SHIPPING CO. Ltd. Owners of M/V EUROSPIRIT and CONNELL RICE & SUGAR EXPORT CORPORATION as Charterers under voyage charter dated 8 August 1978, SMA No. 2212 (1986)
• In the Matter of the Arbitration between MAR CHILE, S.A. NAVIERA, as Charterer of the M/V TEMARA and RHEIN, MAAS & SEE, Owner Under a Time Charter Party dated September 7, 1981, SMA No. 1773B, (1983)

• Lost Profit Damages in Commercial Litigation – Presentation for the American Law Institute national Continuing Legal Education Program, December 2014.
• Shipping & International Trade Law - Chapter on United States Law, Published by Sweet & Maxwell, a division of Thompson Reuters, as part of the European Lawyer Reference Series, 2011. Co-authored with FHM associate Edward Carlson.
• Recent Developments and the Current Status in Rule B Litigation - Panel member at U.S. Maritime Law Association meeting, Hilton Head, November 2009.
• Fraud, Theft and Piracy, Alive and Well as We Enter the New Millennium - Paper delivered at Freehill Hogan and Mahar Cargo Seminar, New York, September 1998.