ISM countdown - the second phase
New guide to preventing bunker claims published
African stowaways head for Spain
Hong Kong clamps down on human smuggling
Good housekeeping vital to prevent slips and falls
Officers needed in the new millennium
Philippine crew claims lead to Panama arrests
Liquefaction risk from Bulgarian ore cargoes concentrates
Russia gets tough on wood
US takes strong line on fixed fire-fighting systems
US extends Retla clause to wood cargoes
New ruling exposes owners to false bills
Redelivery of a ship under time charter
EU set to ban single-hull tankers
North of England website update
Understanding diversion and deviation differences
California tightens ballast water rules
New bunkering poster published
North of England wins another safety award
Hong Kong training course
Loss prevention in the Gulf
Maritime student awards
Mock arbitrations illustrate charterparty disputes
New credit-card facility for publications
ISM countdown - the second phase
Most Members obtained their documents of compliance (DOCs) and safety management certificates (SMCs) well ahead of the 1 July 1998 ISM compliance date for their passenger ships, oil tankers, chemical tankers, gas carriers, bulk carriers and cargo high-speed craft. Many Members also included their other cargo ships even though the mandatory compliance date was a few years down the line.
For those Members who have still to carry out the necessary work to obtain their DOCs and/or SMCs for their cargo ships - the final countdown has started. By the time this issue of Signals is distributed there will be less than two years within which to put in place the documented safety management system as required by the ISM Code and to implement that system in the office ashore and on board each of the relevant ships.
The task ahead should not be underestimated - as anyone who complied in 1998 will confirm. The final compliance date for other cargo ships and mobile offshore drilling units of 500 GT and upwards is not later than 1 July 2002.
Any Member wishing to discuss ISM compliance requirements, or indeed any other matter relating to the ISM Code, should contact the loss prevention department at the Association.
New guide to preventing bunker claims published
Members should receive with this issue of Signals the latest in North of England’s loss prevention guides entitled Bunker Claims Prevention. This unique, illustrated guide explains how to avoid the potentially catastrophic losses arising from loading marine fuel oils of unsuitable quality or insufficient quantity.
The quality of marine fuel oil has deteriorated over recent years while the overall trend in price has been to increase. As a result, the number of disputes, both in relation to the quality and the quantity of the bunkers supplied, has increased. It is now essential for ship operators to be aware of the problems associated with the supply of marine fuel oils and to take steps to ensure both that their ships are provided with marine fuel oil suitable for use by their ships' plant and that the impact of any problems that do arise is minimised.The consequences of not doing so can be very serious. A disabled ship in a congested waterway, in poor weather, carrying an expensive and environmentally sensitive cargo, is a situation which the shipping industry must make every effort to avoid.
This new guide by loss prevention expert Richard Bracken and bunker disputes specialist Mike Salthouse aims to tackle the bunker quality and quantity issue at source by giving those involved in the purchase of marine fuel oils a thorough understanding of the problems that may be encountered.
The guide is designed to assist all those who come across bunker quality and quantity disputes in their working day. It is neither a legal textbook nor an engineer’s manual, but it does aim to give a basic understanding of the technical and legal problems involved.
The guide takes each stage of the bunkering operation in order. Early chapters deal with the nature of marine fuel oil, its production and resulting characteristics. Consideration is then given to the contracts under which marine fuel oil may be ordered for use by a particular ship. Chapters on the loading and handling of fuel oil onboard the ship and the gathering of evidence are followed by a chapter on the handling of claims. This draws together all the elements of the bunker supply. Finally, the role of insurance in bunker quality and quantity disputes is considered.
At the end of the guide are appendices which include a number of specimen texts including the BIMCO Fuelcon contract and various recommended standard letters.
Throughout the book reference is made to the ‘golden rule’ for bunker quality and quantity disputes, namely that the success of any such dispute will depend upon the quality of evidence collected in support of the claim.
Members will be sent sufficient copies for each of their ships and additional copies can be ordered at nominal cost from the loss prevention department. Non-members can order copies directly from the publisher, Anchorage Press, telephone +44 (0)20 8892 9905, fax +44(0)20 8891 2462, email mail@anchoragepress.co.uk, web www.anchoragepress.co.uk.
African stowaways head for Spain
Like many other countries, Spain is generally concerned about the ever-increasing number of stowaways and illegal immigrants arriving on their shores.
The Director for State Administration in the Canary Islands has recently voiced his fear that the problem will worsen dramatically over the summer months, with African stowaways seeking a better climate and moving North. Members should always take every precaution to prevent stowaways boarding and are advised to warn their ships of a possible increased danger over the coming weeks, particularly in Spanish ports.
Hong Kong clamps down on human smuggling
There has recently been an increase in human smuggling in Hong Kong. A large majority of the stowaways originate from Fujian, China. In many cases illegal immigrants have stowed away in containers to overseas countries including the USA and Canada. The authorities in Hong Kong are keen to implement steps to eliminate this problem. The Customs Authority and shipping industries have agreed to co-operate to implement the following measures.
The Customs Authority will search all ‘soft top’ and refrigerator containers set above 15ºC. In this respect the Customs Authority have requested an advance notice of no less than 24 hrs before the containers are loaded on board for export.
Shipping companies are to strengthen checks on containers and to use carbon dioxide detectors.
Shipping companies are to report suspicious shipments to the Customs Authority
Shipping companies are to check new clients.
Members trading from Hong Kong should be aware of the general increase of organised human smuggling and that co-operation with the Customs Authority is vital. The Customs Authority is also considering installing x-ray machines to assist in the detection of stowaways, but it is unlikely that this will be implemented until 2001. In the meantime extra vigilance is required to avoid any potential problems.
Good housekeeping vital to prevent slips and falls
It is unfortunate that a large number of personal injury incidents reported to the Club can still be attributed to slips and falls, many of which could have been easily avoided. Good housekeeping therefore remains an important element of shipboard safety management and should be actively encouraged both by senior officers and shore side staff.
All personnel should ensure that they always
keep the workplace clean, tidy and well lit
clear up oil spills, however small
remove obstacles
clearly mark and effectively fence off openings in decks or gratings
clearly mark safe paths of access for visitors and crew
return tools after use
promptly dispose of garbage and waste in accordance with legislation
rectify oil leaks before they become too serious
keep all equipment and stores properly secured.
All deficiencies should be rectified as soon as possible. Many reported claims result from faulty lighting, damaged handrails, obstructed stairs and minor spills and leaks. In times of rough weather, all items on board should be correctly secured, as should all doors.
It would appear that familiarity still breeds contempt and often it is the more experienced crew members who are most guilty of disregarding their surroundings and thus their own safety. Everybody must be helped to understand that preventative measures taken are for their own welfare.
Within a safety culture all crewmembers must take responsibility for their own personal safety as well as keeping an eye out for their shipmates. The Association recommends that the chief officer or his representative should complete evening rounds in a thorough manner to check that the deck is safe and secure before nightfall. Further, the watch-keeping engineer should ensure that all machinery spaces are clean and tidy during his watch and that all potential hazards are dealt with as soon as they become apparent.
Officers needed in the new millennium
More and younger officers are needed on the world’s shipping fleet as it enters the new millennium, according to 2000 Manpower Update, the most comprehensive study of the world-wide supply and demand for seafarers.
The report by BIMCO and ISF has two main purposes - to describe the present global situation and to make predictions as to the likely position in five to 10 years time, so that changes can be anticipated and acted upon.
For ratings it appears there is a significant overall surplus, although it is questionable whether many are actually qualified for international service. In respect of officers there remains a modest shortfall of approximately 4%.Key issues raised in the report include
- the changing nationality of seafarers
- rising demand for crew
- the need to reduce wastage
- over-dependence on ageing officers.
The full report is available from BIMCO and ISF for £35.
Philippine crew claims lead to Panama arrests
In the past couple of years there have been several arrests of ships transiting the Panama Canal in order to obtain security for Philippine crew claims – sometimes even after a claim has been settled in the Philippines. Such a claim has recently been decided in Panama, upholding the Philippine receipt and release.
In several cases, the security demands have been for several million dollars and security has been provided to enable ships to continue with their voyage. The ships arrested have usually been cruise ships or larger ships. Provided that Panamanian jurisdiction is conceded, letters of undertaking are accepted. However, in most cases, the Clubs concerned provided bonds so that jurisdiction could be contested.
The instructions to Panamanian lawyers come from a well-known plaintiff law firm in the Philippines. However, seafarers who believe they will get a large settlement should bear in mind that the law firms take 40% or more of any settlement achieved on their behalf.
If Members have any concerns on this subject they should contact the personal injury department at the Association.
Liquefaction risk from Bulgarian ore cargoes concentrates
Reports have been received of two separate incidents in which cargoes of ore concentrates loaded at Bourgas in Bulgaria liquefied while underway.
The first incident related to a cargo of copper concentrate. The ship encountered rough weather and eventually capsized and sank before arriving at the discharging port, allegedly because the cargo liquefied.
The second incident involved a cargo of baryte concentrate, which also liquefied. A few hours after leaving Bourgas the ship was forced into a port of refuge with a considerable list.
Representatives in Bourgas have advised that, during the course of their inquiry, it emerged that some important BC Code recommendations regarding the loading of ore concentrates had been ignored.
Prior to loading in the first case the shippers/producers presented an inappropriate certificate and in the second case no certificate at all. The details of the materials - such as their flow moisture point, transportable moisture limit, moisture content, stowage factor and angle of repose - were therefore unknown to the master.
The investigation also revealed that no sampling and testing had been carried out during the storage period and before loading.
Members should thus exercise considerable caution when loading such products, particularly at Bourgas. Pre-loading surveys should be considered if the master or owner are in any doubt.
Advice provided by Kalimbassieris Maritime, Bourgas, Bulgaria.
Russia gets tough on wood
The Chief of State, Quarantine Inspector of Russia, has recently issued new requirements regarding the import of timber products to stop the spread of bursaphelenchus xylophilus.
The new legislation means that any wooden packaging or dunnage from Canada, the USA, Mexico, Japan, South Korea, China, Taiwan or Portugal will be submitted to special requirements, as will packaging, dunnaging or pallets of an unidentified origin.When a ship arrives in Russia with wooden dunnage, packaging or pallets used for cargoes imported into Russia, wherefor which it cannot produce a separate Import Quarantine Authorisation and a Sanitary (Phito-sanitary) Certificate from the exporter, containers will be stripped and cargo will be packaged in Russian wood. The original packaging will be burned.
There may be situations where cargo cannot be easily separated from its packaging. In such circumstances it is anticipated that discharge will be suspended until the necessary documents are obtained or the offending timber is swapped for something similar of Russian origin.
It is understood there have been so far no fines levied against ships for not having the relevant certificate. However, all expenses and damages associated with the incident will be laid against the ship which, in some circumstances, could be extremely costly.
The Association is grateful to its representatives in St Petersburg for their assistance in bringing this matter to its attention.
US takes strong line on fixed fire-fighting systems
The United States Coast Guard is now enforcing SOLAS Regulation 11-2/53 by requiring fixed gas fire-extinguishing systems to be fixed in all cargo spaces. Only ships carrying ore, coal, grain and unseasoned timber are exempted from this requirement – these being cargoes listed under IMO’s MSC/Circular 671 (dated 22 December 1994). Members are referred to the IMO Circular for more details.
In one incident a ship discharging Luan plywood at Portland, Oregon was held up for several weeks by the Coast Guard because it did not have fixed fire-extinguishing systems and plywood was considered not to be unseasoned wood. The Coast Guard required the ship to install fixed systems prior to departure.
Members requiring further information on the matter should contact the loss prevention department.
US extends Retla clause to wood cargoes
So-called ‘Retla’ clauses, which have traditionally qualified the condition of steel cargoes shipped into the US, can now be used for timber.
It can sometimes be very difficult to reach an agreement with shippers regarding the apparent order and condition of certain cargoes – particularly those of steel and timber.
In the US, a common way to avoid these problems is by way of a Retla clause.
The Retla clause in a bill of lading is deemed to qualify the term ‘apparent good order and condition’ by accepting that the cargo may have moisture staining, chaffing or other damage upon loading. Typically such clauses are associated with steel cargoes. However, a case heard by the US Court of Appeal, 9th circuit, also validates the clause for timber cargoes.
The case, G.F. Company v. Pan Ocean Shipping Company Limited [1994], involved a cargo of wooden door skins. In this instance the bills of lading were issued with the following clause
‘received from the shipper here unnamed the goods or packages said to contain goods hereinafter mentioned, in apparent good order and condition unless otherwise indicated in this bill of lading’.
An additional clause contained in the bill of lading attempted to qualify the phrase ‘apparent good order and condition’ and read
‘The term apparent good order and condition when used in this bill of lading with reference to iron, steel or metal products or wood products does not mean that the goods, when received, were free of visible rust or moisture, staining, chaffing and/or breakage. If the shippers do request, a substitute bill of lading will be issued omitting the above definition and setting forth any notations as to rust or moisture staining, chaffing and/or breakage which may appear on the mates receipts, or tally clerks receipts.’
The judge accepted the clausing as a valid qualifying term, allowing the defendant to argue that damage had occurred prior to receiving the goods for shipment. It was important that the clause gave the shipper the right to obtain a statement as to the true condition of the cargo at the time of shipment.
Members involved with carriage of timber or steel cargoes to the US may wish to take advantage of the applicability of a Retla clause, although caution needs to be exercised. Members can discuss their proposals initially with the P&I claims department.
New ruling exposes owners to false bills
The Court of Appeal in London has made a potentially worrying decision about an owner’s liability for mis-delivery of cargo where cargo was delivered against presentation of a forged bill of lading.
In the case of Dampskibsselskabet Af 1912 v. Motis Exports Ltd the claimant owned a cargo shipped under seven bills of lading. The cargo was lost after discharge from the ship when fraudsters presented forged bills of lading.
The High Court decided that the forgery of the bills of lading against which cargo was delivered did not in itself give the owner a defence to the cargo claim. The contract of carriage did contain an exclusion clause, relieving owners of liability for loss or damage after discharge, but the Judge held that the clause did not apply to delivery against forged bills - although it might have done had it been worded more clearly. The Judge regarded the delivery of the cargo as mis-delivery and the clause in question did not cover mis-delivery.The owner appealed to the Court of Appeal, which recently affirmed the judgment of the High Court. The court confirmed that what occurred was mis-delivery rather than theft and this did not fall within the terms of the exclusion clause.
This is an unfortunate case for owners and other carriers under bills of lading as they may of course be completely unaware whether the bill of lading that is presented to them has been forged. That being so, it would seem that the only way that protection could be given would be by ensuring that the protective and exclusion clauses in the contract of carriage are sufficiently widely worded to include mis-delivery of the cargo.
Members requiring further information in this regard should contact the Association.
Redelivery of a ship under time charter
Disputes can frequently arise between owners and charterers as to whether a ship has been delivered late or early, especially when the market hire rate is increasing or decreasing.
Generally speaking, redelivery of the ship prior to the earliest possible date or after the last possible date for redelivery are breaches of contract. It is therefore important in such cases to ascertain the precise charterparty duration.
Duration of a period time charter
If the charter is for a fixed calendar period (e.g. ‘3 months’ or ‘one year’) or provides for redelivery within a range of dates (e.g. ‘three to five months’) English law will imply that the charterer has a tolerance or small margin above and below the stated period before it is in breach. Use of the word ‘about’ will also normally entail a margin below and beyond the stated period.
However, if the charter provides its own express tolerance or margin (e.g. ‘6 months, 20 days more or less in charterers’ option’) no additional margin will be implied. Similarly, if the charterparty period is expressed as being between a certain minimum and maximum period (e.g. ‘minimum 4 months, maximum 6 months’), English law will not imply a further additional margin beyond the stated minimum or maximum.
The extent of any implied margin will depend on the circumstances of each case but one of the factors weighing heavily as to the extent of the margin to be implied, will be the length of the basic charter period.
Time charter trips
Quite often, a charter may be expressed to be for ‘one time charter trip duration about 70/80 days without guarantee’. In such cases, the duration clause is merely a representation by the charterer placing it under an obligation to make its estimate of the duration of the trip in good faith.
The time for assessing whether or not the charterer has made its estimate of the duration of the trip in good faith is the time of fixing. If events arise subsequently which mean that the estimate becomes inaccurate, the charterer will not be in breach.
In addition, the test of good faith in such circumstances does not require the charterer to have a reasonable basis for its estimate. In the example referred to above, it is sufficient if the charterer can show that it genuinely believed, at the time of fixing, that the trip would last between 70 and 80 days.
If the charterer genuinely believed that that was an accurate estimate (even if there was no reasonable basis for that belief), then it will not be in breach and the owner will be obliged to perform the charter even if its duration turns out to be well in excess of the 70/80 day period referred to in the charter.
Final voyage orders
If a charterer orders a ship on a final voyage on which it may be reasonably expected that the ship will be redelivered by the final redelivery date (including any express or implied margin assessed in accordance with the principles set out above), this is an order for a legitimate last voyage and the owner must obey it.
If the order is to perform a final voyage on which redelivery by the latest redelivery date is not reasonably expected, this is an order for an illegitimate last voyage in breach of the charter and the owner is entitled to refuse to obey it.
The legitimacy or otherwise of the last voyage order is to be judged at the time when the order is to be performed and not at the time the order is given. If, at the time that the order is given, it appears that the order is a legitimate one, but the circumstances subsequently change so that the order ceases to be valid, the owner is released from its obligation to perform that particular voyage. However, the owner cannot immediately treat the charter as at an end as the charterer remains under a continuing obligation to replace the illegitimate order with a valid order.
If, the charterer persists in maintaining its invalid order, this is likely to show an intention not to be bound by the contract and therefore may amount to a repudiatory breach of contract by the charterer. This would entitle the owner to treat the charter as discharged, seek other employment and claim damages.
Alternatively, the owner may elect to continue to perform the last voyage but reserve its right to claim damages for any late redelivery.
Damages for early/late delivery
If the owner accepts an order for an illegitimate last voyage which results in the ship being redelivered beyond the final redelivery date, the owner is entitled, at a minimum, to hire at the charterparty rate until actual redelivery - even if the market rate at that time is lower than the charterparty rate.
If the market rate at the time is higher than the contractual rate of hire, the owner is entitled to claim, in addition, the difference between the higher market rate and the contract rate from the latest date of redelivery under the charterparty to the actual date of redelivery.
If, on the other hand, the charterer redelivers the ship prior to the earliest contractual date for redelivery, the owner is entitled to claim damages representing the earnings which it would have made had the charter been performed, less any earnings it makes on any substitute fixture apportioned over the period by which the ship was redelivered early.
EU set to ban single-hull tankers
Members have recently been asking the Association what is known about new EU legislation which may result in single-hulled tankers being prohibited from trading within the EU.
The European Commission sent a proposal to the European Parliament in March 2000 to phase out single-hull tankers in the EU and to strengthen existing EU legislation on port state control and classification societies.
There are suggestions in some quarters that the move was prompted, at least in part, by the Erika incident and demonstrates a determination by the EU to reduce significantly any risk of a further similar incident.
The three main issues contained in the proposal are
control of ships visiting Community ports should be reinforced and ships not meeting the norms should be dealt with severely
classification societies should be controlled more thoroughly
single-hull oil tankers should be banned from EU waters.
It appears to be anticipated that the phasing out of the-single hull tankers will occur no later than the timetable already set by the United States - 2005, 2010 and 2015 according to tonnage.
Clearly the proposed legislation will be extensive and far–reaching. The EU has asked the oil majors to implement certain aspects with immediate effect but some tanker operators have indicated that the idea of single-hull tankers in the near future will not be achievable.
North of England website update
The constantly updated North of England website at www.nepia.com provides a comprehensive guide to the Association and the services it offers.
Full details of the Association’s staff are available, along with complete versions of the rules, recent circulars and the latest press releases.
A key feature of the website is a searchable database for all entered ships and up-to-date details of correspondents around the world. A new condition survey report form is also available to download.
The loss prevention pages provide electronic versions of Signals and Signals Specials with a useful index for finding topics of particular interest. Also included is complete set of Signal Experiences, mini case studies that examine a wide range of accidents and incidents that have occurred.
Information about forthcoming seminars and courses is also available, with details of dates, venues, prices and how to book.
All information is freely available to Members and can be read and/or printed out at any time and from anywhere in the world.
Understanding diversion and deviation differences
There appears to be a general misunderstanding regarding the difference between a diversion and a deviation and thus what is covered under P & I Club rules.
A deviation is any break with an owner’s contractual obligation to execute the cargo voyage without delay. It can therefore be a deviation of time as well as a geographical deviation. Where Members deviate without having obtained prior approval from the Club, there shall be no recovery for claims which are a consequence of that deviation. This is because a deviation effectively prevents shipowners from then relying upon the Hague, Hague-Visby defences which would otherwise have been available.
Despite the contractual and insurance implications of deviations, Members’ obligations regarding the preservation of life at sea are clearly understood and the associated costs of diverting in order to save life are recoverable even where the proposed diversion is also a deviation. Reasonable diversion expenses can also be recovered when landing stowaways but, if it is also a deviation, Members must be aware that their cargo cover could be prejudiced.
To protect their positions fully, Members should always discuss any proposed diversion or deviation with the Club in advance to prevent any later difficulties.
California tightens ballast water rules
In issues 37 and 38 of Signals, North of England highlighted the increasing demands being made by various nations on the ballast water quality of visiting ships. The articles identified some of the practical problems of conforming with such requirements, particularly the need and wisdom of transferring ballast water when underway. In the March 2000 issue of the ECM / Hudson magazine Newsline, attention is drawn to new legislation recently introduced in California where they provide the following information:
‘Mandatory midocean exchange
Effective Jan. 1, 2000, a ship coming from outside the EEZ (Exclusive Economic Zone) and planning to enter California ports must perform a midocean exchange of ballast water. The rules apply only to ships that call California ports directly from a foreign port. If a ship stops first, for example, in the Pacific Northwest, it will be exempt. An exemption is also provided if rough seas or other safety concerns make midocean exchange dangerous on a particular voyage.
Mandatory reporting
Further, these ships must complete and submit a ballast water form to the California State Lands Commission (CSLC). The form is the same used by the US Coast Guard…The form should be sent to the CSLC via fax: (562)499 6444 or e-mail: bwform@slc.ca.gov and also to the US Coast Guard…’
A copy of the US Coast Guard forms and instructions can be obtained from the loss prevention department at the Association.In addition to the above requirements it is also necessary for all ships to have a Ballast Water Management Plan and to provide relevant training to the master and crew.
The civil penalties for failing to comply with the new Californian legislation are as follows.
Failure to report - US$500 per violation.
Knowingly falsifying ballast water reports - US$5,000.
Intentionally or negligently failing to comply - US$5,000.
Each day of a continuing violation is considered a separate violation.
New bunkering poster published
The fifth poster in the MAST (management, safety and training) series accompanies this issue of Signals. It coincides with the publication of the new Bunker Claims Prevention guide (see page 1) and continues the loss prevention theme by illustrating, in a humorous way, some of the good and bad practices associated with taking bunkers.
The MAST series is produced by North of England in the interest of promoting good practice on board ship. Further copies of the poster and details of the many other publications and training aids provided by the Association can be obtained from the loss prevention department or at the loss prevention pages on the website at www.nepia.com.
North of England wins another safety award
North of England has again won a Certificate of Excellence in the recent Seatrade awards. The Club’s entry in the safety-at-sea category included the Personal Injury Prevention - Safety Needs You training video and the Personal Protective Equipment (PPE) slide guide, both of which have been distributed to shipowner Members.
The video is based on the highly successful and popular loss prevention guide Personal Injury Prevention - A Guide to Good Practice, written by Richard Bracken of the Association. Richard also designed the unique PPE Slide Guide.
The award, which recognises the Association’s continued commitment to personal injury prevention, was received by Richard from the Commandant of the United States Coastguard Admiral James M Loy at a ceremony in London’s Guildhall on 15 May 2000.
It was the second time that the Association has been recognised in the Seatrade safety- at-sea category. The first award was made in 1996 for Personal Injury Prevention guide and the Safe Work Accident Prevention Poster (SWAPP) series.
Any Member wanting additional copies of loss prevention material should contact the loss prevention department at the Association.
Hong Kong training course
North of England P&I is running a four-day training course in Hong Kong in September in conjunction with the Hong Kong Shipowners’ Association and the Hong Kong branch of the Nautical Institute.
The course will be run at the Furama Hotel from 19 - 22 September 2000 - full details can be found in the pamphlet which accompanies this issue of Signals.
Shorter courses and seminars will also be run for specific Members on mainland PRC.
Additional information can be obtained from the loss prevention department in the Newcastle office or from the Association’s Hong Kong office.
Loss prevention in the Gulf
During April 2000 the Association was particularly active in the Gulf region providing a range of loss prevention training courses and seminars. Excellent support was received from local Members.
The first event was a full five-day training course in P&I insurance and loss prevention held in Dubai. Delegates attended not only from Dubai but also from Doha, Iran, Kuwait, Republic of Yemen, Sharjah, Sultanate of Oman and as far away as India, Egypt and Lithuania.
There then followed a series of events in Tehran focusing on the ISM Code and risk management involving both seagoing as well as office-based staff of Members.
Maritime student awards
The Association continued its encouragement of marine technology students at the University of Newcastle by awarding annual prizes to students achieving the highest semester 1 marks in stage 2 of their degrees.
The winning students wereKiam Seng Francis Tang - naval architecture
Chiap Sing Chin - marine engineering
Panayiotis Chrysanthou - marine technology
Congratulations are extended to the students and the Association wishes them well in their future studies.
(Because of Greek Easter - Mr Chrysanthou was not available to receive his award in person but this was collected on his behalf by his course tutor).
Mock arbitrations illustrate charterparty disputes
The 11th Nautical Institute seminar on the general theme of the Mariner and the Maritime Law will take place in October this year. It will again be co-sponsored by North of England P&I Association and a brochure setting out full details of the event accompanies this issue of Signals.
The topic will be charterparties, with a particular emphasis on helping the master and mariner better understand their roles under these contracts.
There will however be a fundamental change in the way in which this topic will be presented when compared with previous years events. There will be three presentations which will help steer the master and mariner through the small print, amendments and rider clauses of typical time and voyage charterparty, but the main events of the day will be ‘mock arbitrations’.
Each arbitration will involve real lawyers and technical experts putting forward their respective arguments of claim and defence with questioning and adjudication from practicing arbitrators. The seminar is being supported by the London Maritime Arbitrators Association (LMAA).
The first of the mock arbitrations will involve the respective roles of the master and time charterer under clause 8 of the NYPE charterparty form and the second will involve a bunker quality dispute. A special emphasis will be made on the crucial importance of evidence from the ship - which will frequently be the important deciding factor as to which way a particular case may go.
Delegates will be invited to participate and put forward their views on how they think the cases should be decided. A lively, interesting and highly informative day is expected - shipowners and ship managers are urged to support their masters and officers by sponsoring them to attend this event on 28 October 2000.
New credit-card facility for publications
All North of England Members are sent sufficient free copies of the Association’s loss prevention publications to place on each ship entered. If any additional copies are required there is now an easier way to order them at nominal cost.
An order form can now be printed from the loss prevention section of North of England website and faxed back with a Member’s Mastercard or Visa details. The new service means that orders can be processed and dispatched more rapidly. Credit card orders can also be made by telephone.
Listed Correspondents and registered students of the Association can order publications in the same way. However, non-members still need to order directly from the publishers.