We welcome article submissions from experts in the areas of coal, mining,
shipping, etc.
To Submit your article please click here.
|
|
|
Thursday, 08 May 14
'TRIAL BY MEDIA, TRIAL BY LAW' - A REPORT FROM TRACK 1 OF BIMCO'S ANNUAL CONFERENCE DUBAI 2014
 KNOWLEDGE TO ELEVATE
Aiming to bring a very different type of event into their annual conference, BIMCO presented ‘Double Jeopardy – ‘Trial by Media, Trial by Law*’, simulating a marine casualty and arbitration to delegates at the Jumeirah Beach Hotel, Dubai. A professional, innovative and creative production not only gave a realistic portrayal of the events following a maritime casualty but enabled the audience to participate with well posed questions by way of interactive voting meters.
Based on a true event, this realistic account of a maritime casualty was narrated by Lindsay East, Consultant, Reed Smith, London. The vessel ‘Idle Star’ having loaded with sugar in Thailand and heading to the discharge port, had grounded on a river bed on the West Coast of California in an area of natural beauty. While there were no human casualties, there was a significant bunker spill and with a fast flowing river the environmental implications to wildlife and the local community were huge.
As the story unfolded, the owner representative, played by John Tsatsas from London and the charterers representative played by Han van Blanken from Rotterdam, portrayed each stage from the initial Captain’s call. With the initial limited information, the chain of events were shown to unfold as the owner and charterer brought in assistance and sought advice from P&I, lawyers, classification society, hull and machinery insurers, local agents and representatives and demonstrated how the process evolved as more information became available, giving an overview of the practicalities involved in the process. The expert advice to the owner and charterer was provided by video clips of real practitioners in conversation with the two stage actors.
The casualty centred on whether the destination port was ‘safe’. It was known to have a low draft and underwater obstructions that shifted and were uncharted. The vessel therefore had to not only be of certain specification when laden but also the conditions of making the final part of the voyage through those water needed to be assessed with the latest information available to see if the port was suitable for discharge. The owners proceeded to complete the voyage and the vessel ran aground so who was liable? The Master for proceeding with the voyage despite concerns or the charterer for the choice of a difficult destination with the cargo in mind?
With neither the owner or charterer accepting liability and indeed blaming each other, this session focussed on two areas; media and how if not handled correctly incidents can become a media and public relations nightmare and legal arbitration, examining the legalities of the charter agreement and how this would be dealt with by the legal system.
The morning session focussed on ‘Trial by Media’ and with neither party having any crisis management or PR in place, the simulated public backlash of the environmentalists, shrimp farmers and the local community as pollution grew, quickly escalated without an appropriate, measured response. Julian Bray, Tradewinds Editor-in-chief portrayed the media, keen for a story, blame and clearly supporting the affected parties who were keen for compensation.
The clear message of the morning session was that handling media during such an incident is a serious matter and can easily spiral out of control. Media will always seek to sensationalise and exploit sensitive areas and it is very easy to say the wrong things however well intentioned. Advice was to be well prepared, seeking professional crisis management to enable you to get every step right and above all, be honest. By knowing the all facts, you can provide just enough factual information and slow the media frenzy down.
The afternoon session ‘Trial by Law’ consisted of a panel of three maritime arbitrators, presided by Jude Benny, from Singapore, Bruce Harris from London and Jack Warfield from New York.
The owner sought indemnity from the charterer and the case was to ascertain whether the port was unsafe, whether the charterer was in breach of the agreement by ordering the ship to go there and whether that caused the loss.
Chirag Karia, a QC from London, counsel for the owner, put forward a strong case after witness testimonies that the owner had expressed concerns to the charterer which has gone unresolved. There had been correspondence regarding the draft of the port and that the waters were uncharted and the charterer had been asked to arrange lightening and/or a harmless agreement to indemnify the owner from any losses should there be a problem. The charterer did not lighten and was confident there would be no issue with the voyage, however did not confirm any harmless agreement which the owner assumed from their conversations. He argued that by sending the vessel to its destination the charterers were sending the vessel to an unsafe port and the owners had been commercially pressured to continue.
Nevil Phillips a barrister from London, counsel for the charterer, argued the defence with regard to whether the port was safe at the time of nomination and that the owners had a responsibility to ensure the vessel was laden appropriately to ensure safe passage. The owners should have reduced the cargo and taken further action to avoid such an incident and the Master was negligent in not doing so, causing the vessel to ground. Ultimately it was the owner’s decision to continue with the voyage with the known risks and any negligence by the Master obliterates any question of safety.
The arbitrators retired to consider their findings, each from the perspective of their own jurisdictions, and the audience were able to vote on their own judgment, finding in favour of the owner. However on returning the arbitrators, giving three separate judgments found in favour of the charterer by two to one on the basis that the grounding was found to be in general down to the Master’s negligence. Jude Benny summing up said “There were sufficient red light warnings and with good seamanship this could have been avoided.”
There was a lively question and answer session to close the session and attendees found the day both enlightening and informative. The new style of interactive session proved popular with attendees and the final vote was to definitely repeat such an event next time.
Source: BIMCO / Hellenic Shipping
If you believe an article violates your rights or the rights of others, please contact us.
|
|
Wednesday, 16 July 14
INDIA BUDGET HAS LIMITED SHORT TERM IMPACT ON POWER SECTOR - FITCH RATINGS
Fitch Ratings says that the measures announced relating to India's electricity sector in the budget for FY2015 are directionally correct but in ...
Wednesday, 16 July 14
WEEKLY SHIPPING MARKET INSIGHT - INTERMODAL
Wake me up when September ends - Theodore Ntalakos
Since last September most thought that the worst was behind us. It looks like the market de ...
Tuesday, 15 July 14
INDONESIA'S TOTAL COAL PRODUCTION REACHED ANOTHER HIGH DURING THE FIRST SIX MONTHS; GOVERNMENT EXPECTED TO RAISE ROYALTIES
COALspot.com: Indonesia's total coal production reached 213 million tons during January through June, up by 7.6 percent y-o-y. Coal output in I ...
Monday, 14 July 14
THE END OF THE ERA OF HEAVY FUEL OIL IN MARITIME SHIPPING - ICCT
KNOWLEDGE TO ELEVATE
Since the 1960s, heavy fuel oil (HFO) has been the king of marine fuels. Viscous, dirty, yet inexpensive and widely avail ...
Monday, 14 July 14
SGX SUB-BIT FOB INDONESIA COAL SWAP FOR Q4' 14 DELIVERY CLOSED AT $ 54.80
COALspot.com: Indonesian coal swaps for average Q3’ 2014 lost on day, week and on month according to AsiaClear OTC coal swap's reports re ...
|
|
|
Showing 3601 to 3605 news of total 6871 |
|
 |
|
|
|
|
| |
|
 |
|
|
| |
|
- Australian Commodity Traders Exchange
- PowerSource Philippines DevCo
- PTC India Limited - India
- OPG Power Generation Pvt Ltd - India
- Gujarat Mineral Development Corp Ltd - India
- International Coal Ventures Pvt Ltd - India
- Malabar Cements Ltd - India
- CNBM International Corporation - China
- GMR Energy Limited - India
- Standard Chartered Bank - UAE
- Ministry of Finance - Indonesia
- SMC Global Power, Philippines
- Petron Corporation, Philippines
- Energy Link Ltd, New Zealand
- MS Steel International - UAE
- Oldendorff Carriers - Singapore
- Bukit Makmur.PT - Indonesia
- Trasteel International SA, Italy
- Indian Energy Exchange, India
- Cement Manufacturers Association - India
- European Bulk Services B.V. - Netherlands
- AsiaOL BioFuels Corp., Philippines
- San Jose City I Power Corp, Philippines
- Mjunction Services Limited - India
- New Zealand Coal & Carbon
- TeaM Sual Corporation - Philippines
- India Bulls Power Limited - India
- Electricity Authority, New Zealand
- Cigading International Bulk Terminal - Indonesia
- CIMB Investment Bank - Malaysia
- Directorate Of Revenue Intelligence - India
- TNB Fuel Sdn Bhd - Malaysia
- Global Business Power Corporation, Philippines
- Bharathi Cement Corporation - India
- Ministry of Transport, Egypt
- Central Electricity Authority - India
- Chettinad Cement Corporation Ltd - India
- Bank of Tokyo Mitsubishi UFJ Ltd
- Independent Power Producers Association of India
- Siam City Cement - Thailand
- South Luzon Thermal Energy Corporation
- Kapuas Tunggal Persada - Indonesia
- Rashtriya Ispat Nigam Limited - India
- Ministry of Mines - Canada
- Filglen & Citicon Mining (HK) Ltd - Hong Kong
- Ceylon Electricity Board - Sri Lanka
- Kartika Selabumi Mining - Indonesia
- Karaikal Port Pvt Ltd - India
- Borneo Indobara - Indonesia
- Videocon Industries ltd - India
- Tata Chemicals Ltd - India
- London Commodity Brokers - England
- Meralco Power Generation, Philippines
- Sarangani Energy Corporation, Philippines
- Petrochimia International Co. Ltd.- Taiwan
- Kaltim Prima Coal - Indonesia
- Gujarat Sidhee Cement - India
- Bahari Cakrawala Sebuku - Indonesia
- Sinarmas Energy and Mining - Indonesia
- Aboitiz Power Corporation - Philippines
- Semirara Mining Corp, Philippines
- Coalindo Energy - Indonesia
- Grasim Industreis Ltd - India
- Parry Sugars Refinery, India
- Bayan Resources Tbk. - Indonesia
- Vijayanagar Sugar Pvt Ltd - India
- Star Paper Mills Limited - India
- Gujarat Electricity Regulatory Commission - India
- Banpu Public Company Limited - Thailand
- Altura Mining Limited, Indonesia
- Pipit Mutiara Jaya. PT, Indonesia
- SN Aboitiz Power Inc, Philippines
- Sojitz Corporation - Japan
- Indonesian Coal Mining Association
- Kohat Cement Company Ltd. - Pakistan
- Latin American Coal - Colombia
- Sree Jayajothi Cements Limited - India
- Bhoruka Overseas - Indonesia
- Posco Energy - South Korea
- The University of Queensland
- Kalimantan Lumbung Energi - Indonesia
- Georgia Ports Authority, United States
- Carbofer General Trading SA - India
- Indian Oil Corporation Limited
- Savvy Resources Ltd - HongKong
- Marubeni Corporation - India
- GAC Shipping (India) Pvt Ltd
- Kobexindo Tractors - Indoneisa
- Australian Coal Association
- Coal and Oil Company - UAE
- Meenaskhi Energy Private Limited - India
- The State Trading Corporation of India Ltd
- Krishnapatnam Port Company Ltd. - India
- Vedanta Resources Plc - India
- Essar Steel Hazira Ltd - India
- Leighton Contractors Pty Ltd - Australia
- Romanian Commodities Exchange
- Miang Besar Coal Terminal - Indonesia
- White Energy Company Limited
- Global Green Power PLC Corporation, Philippines
- Straits Asia Resources Limited - Singapore
- Simpson Spence & Young - Indonesia
- Timah Investasi Mineral - Indoneisa
- Singapore Mercantile Exchange
- Sindya Power Generating Company Private Ltd
- Therma Luzon, Inc, Philippines
- The Treasury - Australian Government
- GVK Power & Infra Limited - India
- Agrawal Coal Company - India
- Neyveli Lignite Corporation Ltd, - India
- Xindia Steels Limited - India
- Intertek Mineral Services - Indonesia
- Bhushan Steel Limited - India
- Port Waratah Coal Services - Australia
- Ind-Barath Power Infra Limited - India
- Energy Development Corp, Philippines
- Jindal Steel & Power Ltd - India
- Aditya Birla Group - India
- Tamil Nadu electricity Board
- Metalloyd Limited - United Kingdom
- SMG Consultants - Indonesia
- Mercator Lines Limited - India
- Siam City Cement PLC, Thailand
- Edison Trading Spa - Italy
- Alfred C Toepfer International GmbH - Germany
- Karbindo Abesyapradhi - Indoneisa
- Chamber of Mines of South Africa
- Attock Cement Pakistan Limited
- Merrill Lynch Commodities Europe
- Semirara Mining and Power Corporation, Philippines
- Heidelberg Cement - Germany
- Sical Logistics Limited - India
- GN Power Mariveles Coal Plant, Philippines
- Larsen & Toubro Limited - India
- Commonwealth Bank - Australia
- Indika Energy - Indonesia
- Africa Commodities Group - South Africa
- Kideco Jaya Agung - Indonesia
- PetroVietnam Power Coal Import and Supply Company
- PNOC Exploration Corporation - Philippines
- Interocean Group of Companies - India
- Asmin Koalindo Tuhup - Indonesia
- LBH Netherlands Bv - Netherlands
- Power Finance Corporation Ltd., India
- ICICI Bank Limited - India
- Bukit Baiduri Energy - Indonesia
- Baramulti Group, Indonesia
- Ambuja Cements Ltd - India
- Rio Tinto Coal - Australia
- Price Waterhouse Coopers - Russia
- IEA Clean Coal Centre - UK
- Eastern Coal Council - USA
- Renaissance Capital - South Africa
- Anglo American - United Kingdom
- Orica Mining Services - Indonesia
- Kepco SPC Power Corporation, Philippines
- Samtan Co., Ltd - South Korea
- Thiess Contractors Indonesia
- Minerals Council of Australia
- Makarim & Taira - Indonesia
- Dalmia Cement Bharat India
- Toyota Tsusho Corporation, Japan
- Billiton Holdings Pty Ltd - Australia
- Holcim Trading Pte Ltd - Singapore
- Parliament of New Zealand
- Antam Resourcindo - Indonesia
- Bhatia International Limited - India
- Riau Bara Harum - Indonesia
- Salva Resources Pvt Ltd - India
- Thai Mozambique Logistica
- Economic Council, Georgia
- Maharashtra Electricity Regulatory Commission - India
- Indo Tambangraya Megah - Indonesia
- Coastal Gujarat Power Limited - India
- Pendopo Energi Batubara - Indonesia
- Formosa Plastics Group - Taiwan
- Deloitte Consulting - India
- Lanco Infratech Ltd - India
- Vizag Seaport Private Limited - India
- Goldman Sachs - Singapore
- Jaiprakash Power Ventures ltd
- Truba Alam Manunggal Engineering.Tbk - Indonesia
- Offshore Bulk Terminal Pte Ltd, Singapore
- ASAPP Information Group - India
- Jorong Barutama Greston.PT - Indonesia
- Bukit Asam (Persero) Tbk - Indonesia
- Binh Thuan Hamico - Vietnam
- Asia Pacific Energy Resources Ventures Inc, Philippines
- IHS Mccloskey Coal Group - USA
- Mercuria Energy - Indonesia
- Sakthi Sugars Limited - India
- Orica Australia Pty. Ltd.
- Dr Ramakrishna Prasad Power Pvt Ltd - India
- Barasentosa Lestari - Indonesia
- Iligan Light & Power Inc, Philippines
- McConnell Dowell - Australia
- Wilmar Investment Holdings
- Bulk Trading Sa - Switzerland
- Planning Commission, India
- Electricity Generating Authority of Thailand
- Directorate General of MIneral and Coal - Indonesia
- Mintek Dendrill Indonesia
- VISA Power Limited - India
- Maheswari Brothers Coal Limited - India
- Globalindo Alam Lestari - Indonesia
- Indogreen Group - Indonesia
- Madhucon Powers Ltd - India
- Central Java Power - Indonesia
- Wood Mackenzie - Singapore
- Eastern Energy - Thailand
- Kumho Petrochemical, South Korea
- Bangladesh Power Developement Board
- Manunggal Multi Energi - Indonesia
- Dong Bac Coal Mineral Investment Coporation - Vietnam
- Global Coal Blending Company Limited - Australia
- Medco Energi Mining Internasional
- Uttam Galva Steels Limited - India
|
| |
| |
|
