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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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Friday, 30 May 14
US COAL PRODUCTION RELATIVELY FLAT WEEK ON WEEK
COALspot.com – United States the world's second largest coal producer, produced approximately 18.6 million short tons (mmst) of coal in a ...
Thursday, 29 May 14
PEABODY ENERGY CHAIRMAN RECEIVES WCA AWARD
The World Coal Association has presented Gregory H. Boyce, Chairman and Chief Executive Officer of Peabody Energy (NYSE: BTU), with the 2014 Chairm ...
Thursday, 29 May 14
HANDY : THE SUPRAS ARE BEING TRADED AROUND 13K FOR SHORTER UPTO 1 YEAR PERIOD
Handy
The week started off with bank holidays in London and very little happening. This trend has continued and we believe it will continue into ...
Wednesday, 28 May 14
THE DRY BULK MARKET REMAINED UNDER PRESSURE - INTERMODAL
COALspot.com: The Dry Bulk market remained under pressure during this past week, with all indices pointing down compared to the previous Friday. Th ...
Tuesday, 27 May 14
PORT OF NEWCASTLE SHIPPED 19.13% LESS COAL THIS PAST WEEK
COALspot.com: In the week ended 07:00 hours 26 May 2014, power plant and semi-soft coking coal shipments from the port of Newcastle in Queensland, ...
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- Pipit Mutiara Jaya. PT, Indonesia
- Antam Resourcindo - Indonesia
- Ambuja Cements Ltd - India
- ASAPP Information Group - India
- Timah Investasi Mineral - Indoneisa
- Kumho Petrochemical, South Korea
- Bank of Tokyo Mitsubishi UFJ Ltd
- Chamber of Mines of South Africa
- SMC Global Power, Philippines
- Attock Cement Pakistan Limited
- PNOC Exploration Corporation - Philippines
- Jaiprakash Power Ventures ltd
- Billiton Holdings Pty Ltd - Australia
- Intertek Mineral Services - Indonesia
- Aboitiz Power Corporation - Philippines
- Holcim Trading Pte Ltd - Singapore
- London Commodity Brokers - England
- Global Coal Blending Company Limited - Australia
- SN Aboitiz Power Inc, Philippines
- Trasteel International SA, Italy
- Formosa Plastics Group - Taiwan
- Indo Tambangraya Megah - Indonesia
- LBH Netherlands Bv - Netherlands
- CNBM International Corporation - China
- Cement Manufacturers Association - India
- Vijayanagar Sugar Pvt Ltd - India
- Electricity Authority, New Zealand
- Makarim & Taira - Indonesia
- South Luzon Thermal Energy Corporation
- GVK Power & Infra Limited - India
- Georgia Ports Authority, United States
- Sinarmas Energy and Mining - Indonesia
- Offshore Bulk Terminal Pte Ltd, Singapore
- Karbindo Abesyapradhi - Indoneisa
- Economic Council, Georgia
- Asmin Koalindo Tuhup - Indonesia
- Sakthi Sugars Limited - India
- Banpu Public Company Limited - Thailand
- AsiaOL BioFuels Corp., Philippines
- Karaikal Port Pvt Ltd - India
- Merrill Lynch Commodities Europe
- Price Waterhouse Coopers - Russia
- Bukit Baiduri Energy - Indonesia
- Sarangani Energy Corporation, Philippines
- Samtan Co., Ltd - South Korea
- Semirara Mining Corp, Philippines
- TeaM Sual Corporation - Philippines
- Gujarat Electricity Regulatory Commission - India
- Vedanta Resources Plc - India
- Chettinad Cement Corporation Ltd - India
- Manunggal Multi Energi - Indonesia
- Vizag Seaport Private Limited - India
- Mercuria Energy - Indonesia
- Bulk Trading Sa - Switzerland
- Meralco Power Generation, Philippines
- Ministry of Transport, Egypt
- Siam City Cement - Thailand
- Bukit Asam (Persero) Tbk - Indonesia
- Bangladesh Power Developement Board
- Truba Alam Manunggal Engineering.Tbk - Indonesia
- Dong Bac Coal Mineral Investment Coporation - Vietnam
- Ministry of Mines - Canada
- Sree Jayajothi Cements Limited - India
- Altura Mining Limited, Indonesia
- Indika Energy - Indonesia
- Salva Resources Pvt Ltd - India
- Ceylon Electricity Board - Sri Lanka
- Minerals Council of Australia
- Kartika Selabumi Mining - Indonesia
- Krishnapatnam Port Company Ltd. - India
- Orica Mining Services - Indonesia
- Borneo Indobara - Indonesia
- Power Finance Corporation Ltd., India
- Miang Besar Coal Terminal - Indonesia
- Planning Commission, India
- Ministry of Finance - Indonesia
- Kideco Jaya Agung - Indonesia
- Neyveli Lignite Corporation Ltd, - India
- Dalmia Cement Bharat India
- SMG Consultants - Indonesia
- Rashtriya Ispat Nigam Limited - India
- Maharashtra Electricity Regulatory Commission - India
- Larsen & Toubro Limited - India
- Alfred C Toepfer International GmbH - Germany
- GN Power Mariveles Coal Plant, Philippines
- CIMB Investment Bank - Malaysia
- Sindya Power Generating Company Private Ltd
- Asia Pacific Energy Resources Ventures Inc, Philippines
- Mjunction Services Limited - India
- MS Steel International - UAE
- Parry Sugars Refinery, India
- Electricity Generating Authority of Thailand
- Cigading International Bulk Terminal - Indonesia
- Meenaskhi Energy Private Limited - India
- OPG Power Generation Pvt Ltd - India
- PTC India Limited - India
- Central Java Power - Indonesia
- European Bulk Services B.V. - Netherlands
- Singapore Mercantile Exchange
- Tamil Nadu electricity Board
- Marubeni Corporation - India
- Central Electricity Authority - India
- Siam City Cement PLC, Thailand
- Metalloyd Limited - United Kingdom
- Thai Mozambique Logistica
- Filglen & Citicon Mining (HK) Ltd - Hong Kong
- Leighton Contractors Pty Ltd - Australia
- Coastal Gujarat Power Limited - India
- Coalindo Energy - Indonesia
- Goldman Sachs - Singapore
- Oldendorff Carriers - Singapore
- Renaissance Capital - South Africa
- Indian Oil Corporation Limited
- Star Paper Mills Limited - India
- Baramulti Group, Indonesia
- Posco Energy - South Korea
- Petron Corporation, Philippines
- Globalindo Alam Lestari - Indonesia
- Directorate Of Revenue Intelligence - India
- Parliament of New Zealand
- Independent Power Producers Association of India
- Semirara Mining and Power Corporation, Philippines
- Lanco Infratech Ltd - India
- Australian Commodity Traders Exchange
- Orica Australia Pty. Ltd.
- Medco Energi Mining Internasional
- Essar Steel Hazira Ltd - India
- Tata Chemicals Ltd - India
- India Bulls Power Limited - India
- Eastern Coal Council - USA
- Jorong Barutama Greston.PT - Indonesia
- Wilmar Investment Holdings
- Australian Coal Association
- Simpson Spence & Young - Indonesia
- Carbofer General Trading SA - India
- IEA Clean Coal Centre - UK
- Indian Energy Exchange, India
- Deloitte Consulting - India
- Maheswari Brothers Coal Limited - India
- Energy Link Ltd, New Zealand
- Aditya Birla Group - India
- Kapuas Tunggal Persada - Indonesia
- Edison Trading Spa - Italy
- Kaltim Prima Coal - Indonesia
- Straits Asia Resources Limited - Singapore
- Grasim Industreis Ltd - India
- Global Business Power Corporation, Philippines
- PetroVietnam Power Coal Import and Supply Company
- Heidelberg Cement - Germany
- Coal and Oil Company - UAE
- Barasentosa Lestari - Indonesia
- Savvy Resources Ltd - HongKong
- Bayan Resources Tbk. - Indonesia
- Standard Chartered Bank - UAE
- IHS Mccloskey Coal Group - USA
- Bhoruka Overseas - Indonesia
- Gujarat Sidhee Cement - India
- Petrochimia International Co. Ltd.- Taiwan
- Kepco SPC Power Corporation, Philippines
- Videocon Industries ltd - India
- Indogreen Group - Indonesia
- Gujarat Mineral Development Corp Ltd - India
- Thiess Contractors Indonesia
- Binh Thuan Hamico - Vietnam
- Agrawal Coal Company - India
- Indonesian Coal Mining Association
- Rio Tinto Coal - Australia
- Bharathi Cement Corporation - India
- Bahari Cakrawala Sebuku - Indonesia
- The University of Queensland
- GAC Shipping (India) Pvt Ltd
- Anglo American - United Kingdom
- Bhatia International Limited - India
- Latin American Coal - Colombia
- New Zealand Coal & Carbon
- Uttam Galva Steels Limited - India
- International Coal Ventures Pvt Ltd - India
- San Jose City I Power Corp, Philippines
- Kalimantan Lumbung Energi - Indonesia
- Dr Ramakrishna Prasad Power Pvt Ltd - India
- GMR Energy Limited - India
- The Treasury - Australian Government
- Jindal Steel & Power Ltd - India
- Riau Bara Harum - Indonesia
- Port Waratah Coal Services - Australia
- VISA Power Limited - India
- Sical Logistics Limited - India
- Eastern Energy - Thailand
- Commonwealth Bank - Australia
- White Energy Company Limited
- The State Trading Corporation of India Ltd
- Iligan Light & Power Inc, Philippines
- Xindia Steels Limited - India
- TNB Fuel Sdn Bhd - Malaysia
- PowerSource Philippines DevCo
- ICICI Bank Limited - India
- Pendopo Energi Batubara - Indonesia
- Energy Development Corp, Philippines
- Ind-Barath Power Infra Limited - India
- Africa Commodities Group - South Africa
- Global Green Power PLC Corporation, Philippines
- Malabar Cements Ltd - India
- Directorate General of MIneral and Coal - Indonesia
- Bukit Makmur.PT - Indonesia
- Sojitz Corporation - Japan
- Kohat Cement Company Ltd. - Pakistan
- Madhucon Powers Ltd - India
- Mintek Dendrill Indonesia
- Toyota Tsusho Corporation, Japan
- Kobexindo Tractors - Indoneisa
- Bhushan Steel Limited - India
- Wood Mackenzie - Singapore
- McConnell Dowell - Australia
- Romanian Commodities Exchange
- Interocean Group of Companies - India
- Therma Luzon, Inc, Philippines
- Mercator Lines Limited - India
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