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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
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Monday, 07 July 14
RBCT, THE WORLD'S SINGLE LARGEST EXPORT COAL TERMINAL SHIPPED 31.91 MMT OF COAL IN H1 2014
COALspot.com: South Africa's Richards Bay Coal Terminal (RBCT) the world’s single largest export coal terminal, shipped 31.91 million ton ...
Monday, 07 July 14
SOUTH AFRICA'S RICHARDS BAY COAL TERMINAL SHIPPED 12% LESS COAL IN JUNE COMPARED TO MAY EXPORTS
COALspot.com: South Africa's Richards Bay Coal Terminal (RBCT) the world’s single largest export coal terminal, shipped 4.91 million tons ...
Monday, 07 July 14
INDONESIAN SUB-BIT COAL SWAPS FOR Q3 DELIVERY CRASHES THROUGH $ 54.50
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 ...
Monday, 07 July 14
API 8 CFR SOUTH CHINA COAL SWAPS SHOW A DOWNWARD TREND THIS PAST WEEK
COALspot.com: API 8 CFR South China Coal swap for delivery in Q3 drops US$ 5.47 month on month on Friday, dipping under $68 a ton. The CFR South Ch ...
Sunday, 06 July 14
PANAMAX INDEX BEING THE BIGGEST GAINER THIS WEEK; UP 52.75% W-O-W
COALspot.com: This week there was some positive signs in all the sectors. The Panamax index being the biggest gainer this week after losing for sev ...
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- Karbindo Abesyapradhi - Indoneisa
- PTC India Limited - India
- India Bulls Power Limited - India
- Ind-Barath Power Infra Limited - India
- Parry Sugars Refinery, India
- Indogreen Group - Indonesia
- Truba Alam Manunggal Engineering.Tbk - Indonesia
- Mjunction Services Limited - India
- Barasentosa Lestari - Indonesia
- Latin American Coal - Colombia
- Planning Commission, India
- Star Paper Mills Limited - India
- Krishnapatnam Port Company Ltd. - India
- Larsen & Toubro Limited - India
- CNBM International Corporation - China
- Semirara Mining Corp, Philippines
- MS Steel International - UAE
- Energy Development Corp, Philippines
- The Treasury - Australian Government
- Deloitte Consulting - India
- Global Business Power Corporation, Philippines
- SMG Consultants - Indonesia
- Metalloyd Limited - United Kingdom
- IEA Clean Coal Centre - UK
- Kepco SPC Power Corporation, Philippines
- Cigading International Bulk Terminal - Indonesia
- Medco Energi Mining Internasional
- Attock Cement Pakistan Limited
- Meenaskhi Energy Private Limited - India
- TNB Fuel Sdn Bhd - Malaysia
- Petrochimia International Co. Ltd.- Taiwan
- Georgia Ports Authority, United States
- Bhoruka Overseas - Indonesia
- Indian Oil Corporation Limited
- Asmin Koalindo Tuhup - Indonesia
- Ministry of Mines - Canada
- Essar Steel Hazira Ltd - India
- Miang Besar Coal Terminal - Indonesia
- European Bulk Services B.V. - Netherlands
- Savvy Resources Ltd - HongKong
- Merrill Lynch Commodities Europe
- Bukit Asam (Persero) Tbk - Indonesia
- SMC Global Power, Philippines
- Kalimantan Lumbung Energi - Indonesia
- Makarim & Taira - Indonesia
- San Jose City I Power Corp, Philippines
- Thiess Contractors Indonesia
- Price Waterhouse Coopers - Russia
- Standard Chartered Bank - UAE
- Cement Manufacturers Association - India
- Africa Commodities Group - South Africa
- Tamil Nadu electricity Board
- Rio Tinto Coal - Australia
- Therma Luzon, Inc, Philippines
- Siam City Cement - Thailand
- Australian Commodity Traders Exchange
- Coal and Oil Company - UAE
- Heidelberg Cement - Germany
- OPG Power Generation Pvt Ltd - India
- International Coal Ventures Pvt Ltd - India
- Neyveli Lignite Corporation Ltd, - India
- Globalindo Alam Lestari - Indonesia
- The University of Queensland
- Global Green Power PLC Corporation, Philippines
- Sakthi Sugars Limited - India
- Independent Power Producers Association of India
- Mintek Dendrill Indonesia
- Baramulti Group, Indonesia
- Bukit Baiduri Energy - Indonesia
- Renaissance Capital - South Africa
- Antam Resourcindo - Indonesia
- Vedanta Resources Plc - India
- Karaikal Port Pvt Ltd - India
- Tata Chemicals Ltd - India
- Madhucon Powers Ltd - India
- ICICI Bank Limited - India
- Agrawal Coal Company - India
- McConnell Dowell - Australia
- New Zealand Coal & Carbon
- Sindya Power Generating Company Private Ltd
- Samtan Co., Ltd - South Korea
- ASAPP Information Group - India
- London Commodity Brokers - England
- Anglo American - United Kingdom
- Thai Mozambique Logistica
- Salva Resources Pvt Ltd - India
- Romanian Commodities Exchange
- Minerals Council of Australia
- Borneo Indobara - Indonesia
- AsiaOL BioFuels Corp., Philippines
- Kumho Petrochemical, South Korea
- Binh Thuan Hamico - Vietnam
- Port Waratah Coal Services - Australia
- Australian Coal Association
- Alfred C Toepfer International GmbH - Germany
- Sarangani Energy Corporation, Philippines
- Asia Pacific Energy Resources Ventures Inc, Philippines
- GAC Shipping (India) Pvt Ltd
- Sree Jayajothi Cements Limited - India
- Vijayanagar Sugar Pvt Ltd - India
- Kohat Cement Company Ltd. - Pakistan
- Indonesian Coal Mining Association
- Edison Trading Spa - Italy
- The State Trading Corporation of India Ltd
- Jindal Steel & Power Ltd - India
- Eastern Energy - Thailand
- Iligan Light & Power Inc, Philippines
- Global Coal Blending Company Limited - Australia
- Energy Link Ltd, New Zealand
- Dalmia Cement Bharat India
- Manunggal Multi Energi - Indonesia
- Interocean Group of Companies - India
- Rashtriya Ispat Nigam Limited - India
- Siam City Cement PLC, Thailand
- Filglen & Citicon Mining (HK) Ltd - Hong Kong
- Banpu Public Company Limited - Thailand
- PetroVietnam Power Coal Import and Supply Company
- Holcim Trading Pte Ltd - Singapore
- Carbofer General Trading SA - India
- Trasteel International SA, Italy
- Lanco Infratech Ltd - India
- Orica Australia Pty. Ltd.
- Sinarmas Energy and Mining - Indonesia
- Power Finance Corporation Ltd., India
- Posco Energy - South Korea
- PNOC Exploration Corporation - Philippines
- Ministry of Finance - Indonesia
- Commonwealth Bank - Australia
- Economic Council, Georgia
- Simpson Spence & Young - Indonesia
- Bangladesh Power Developement Board
- Straits Asia Resources Limited - Singapore
- Eastern Coal Council - USA
- Indian Energy Exchange, India
- South Luzon Thermal Energy Corporation
- Intertek Mineral Services - Indonesia
- Dong Bac Coal Mineral Investment Coporation - Vietnam
- Sical Logistics Limited - India
- IHS Mccloskey Coal Group - USA
- Semirara Mining and Power Corporation, Philippines
- Bhatia International Limited - India
- Coastal Gujarat Power Limited - India
- PowerSource Philippines DevCo
- Bukit Makmur.PT - Indonesia
- Directorate Of Revenue Intelligence - India
- Aboitiz Power Corporation - Philippines
- Grasim Industreis Ltd - India
- Bayan Resources Tbk. - Indonesia
- TeaM Sual Corporation - Philippines
- Kaltim Prima Coal - Indonesia
- Sojitz Corporation - Japan
- Pipit Mutiara Jaya. PT, Indonesia
- Vizag Seaport Private Limited - India
- Orica Mining Services - Indonesia
- Gujarat Electricity Regulatory Commission - India
- Central Electricity Authority - India
- Coalindo Energy - Indonesia
- Bank of Tokyo Mitsubishi UFJ Ltd
- Leighton Contractors Pty Ltd - Australia
- Bharathi Cement Corporation - India
- Toyota Tsusho Corporation, Japan
- SN Aboitiz Power Inc, Philippines
- Timah Investasi Mineral - Indoneisa
- Jaiprakash Power Ventures ltd
- Maheswari Brothers Coal Limited - India
- Electricity Authority, New Zealand
- Kideco Jaya Agung - Indonesia
- LBH Netherlands Bv - Netherlands
- Ceylon Electricity Board - Sri Lanka
- Gujarat Mineral Development Corp Ltd - India
- Bhushan Steel Limited - India
- Malabar Cements Ltd - India
- GMR Energy Limited - India
- Parliament of New Zealand
- Pendopo Energi Batubara - Indonesia
- Riau Bara Harum - Indonesia
- Central Java Power - Indonesia
- Meralco Power Generation, Philippines
- Maharashtra Electricity Regulatory Commission - India
- Bahari Cakrawala Sebuku - Indonesia
- Wilmar Investment Holdings
- Kobexindo Tractors - Indoneisa
- Singapore Mercantile Exchange
- Jorong Barutama Greston.PT - Indonesia
- Mercator Lines Limited - India
- Kapuas Tunggal Persada - Indonesia
- Uttam Galva Steels Limited - India
- Bulk Trading Sa - Switzerland
- Billiton Holdings Pty Ltd - Australia
- Indo Tambangraya Megah - Indonesia
- Goldman Sachs - Singapore
- Electricity Generating Authority of Thailand
- Indika Energy - Indonesia
- Offshore Bulk Terminal Pte Ltd, Singapore
- GVK Power & Infra Limited - India
- Chettinad Cement Corporation Ltd - India
- Marubeni Corporation - India
- VISA Power Limited - India
- Dr Ramakrishna Prasad Power Pvt Ltd - India
- Directorate General of MIneral and Coal - Indonesia
- GN Power Mariveles Coal Plant, Philippines
- Gujarat Sidhee Cement - India
- Petron Corporation, Philippines
- Chamber of Mines of South Africa
- Altura Mining Limited, Indonesia
- CIMB Investment Bank - Malaysia
- Formosa Plastics Group - Taiwan
- Oldendorff Carriers - Singapore
- Kartika Selabumi Mining - Indonesia
- Ministry of Transport, Egypt
- White Energy Company Limited
- Mercuria Energy - Indonesia
- Ambuja Cements Ltd - India
- Aditya Birla Group - India
- Xindia Steels Limited - India
- Videocon Industries ltd - India
- Wood Mackenzie - Singapore
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