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.
|
|
Monday, 12 May 14
TAIPOWER TO IMPORT AROUND 1 MMT OF SUB-BITUMINOUS COAL DURING AUGUST 2014 THROUGH NOVEMBER 2014
COALspot.com - Taiwan Power Company intends to procure 1.050 million tons of sub-bituminous coal for Taipower thermal power plant through open t ...
Monday, 12 May 14
DRY BULK MARKET IS STILL STRUGGLING TO FIND FIRM FOOTING
COALspot.com: The freight market continued to be weak and the BDI closed slightly lower at 997 points or fell 1.96 pct week on week. The cape in ...
Friday, 09 May 14
RBCT SHIPPED 5.4 MMT OF COAL IN APRIL
COALspot.com: South Africa's Richards Bay Coal Terminal (RBCT) the single largest coal export terminal in the world, shipped 5.45 million to ...
Friday, 09 May 14
DRY BULK MARKET: BANKRUPTCY TONNAGE UNLEASHED
Drewry’s latest Dry Bulk Forecaster saw freight rates on most routes declined in 2014’s first quarter as the previous quarter’ ...
Friday, 09 May 14
UNITED STATES COAL PRODUCTION SLIGHTLY SLIDES TO 82.4 MMST IN APRIL
COALspot.com – United States the world's second largest coal producer, produced approximately 18.8 million short tons (mmst) of coal i ...
|
|
|
Showing 3711 to 3715 news of total 6871 |
|
 |
|
|
|
|
| |
|
 |
|
|
| |
|
- Borneo Indobara - Indonesia
- Sical Logistics Limited - India
- Vedanta Resources Plc - India
- Africa Commodities Group - South Africa
- Ministry of Mines - Canada
- Directorate General of MIneral and Coal - Indonesia
- CIMB Investment Bank - Malaysia
- Agrawal Coal Company - India
- Romanian Commodities Exchange
- The University of Queensland
- Offshore Bulk Terminal Pte Ltd, Singapore
- Cement Manufacturers Association - India
- GAC Shipping (India) Pvt Ltd
- Kobexindo Tractors - Indoneisa
- Wilmar Investment Holdings
- Attock Cement Pakistan Limited
- Altura Mining Limited, Indonesia
- Globalindo Alam Lestari - Indonesia
- Miang Besar Coal Terminal - Indonesia
- AsiaOL BioFuels Corp., Philippines
- Heidelberg Cement - Germany
- VISA Power Limited - India
- Manunggal Multi Energi - Indonesia
- Independent Power Producers Association of India
- McConnell Dowell - Australia
- TNB Fuel Sdn Bhd - Malaysia
- Dr Ramakrishna Prasad Power Pvt Ltd - India
- Anglo American - United Kingdom
- Marubeni Corporation - India
- Global Coal Blending Company Limited - Australia
- Kapuas Tunggal Persada - Indonesia
- Ambuja Cements Ltd - India
- Jindal Steel & Power Ltd - India
- Indika Energy - Indonesia
- The State Trading Corporation of India Ltd
- Bukit Makmur.PT - Indonesia
- Bank of Tokyo Mitsubishi UFJ Ltd
- Indian Oil Corporation Limited
- Kohat Cement Company Ltd. - Pakistan
- Renaissance Capital - South Africa
- Jaiprakash Power Ventures ltd
- Indian Energy Exchange, India
- Kideco Jaya Agung - Indonesia
- Cigading International Bulk Terminal - Indonesia
- Meralco Power Generation, Philippines
- Banpu Public Company Limited - Thailand
- Eastern Energy - Thailand
- Singapore Mercantile Exchange
- Trasteel International SA, Italy
- International Coal Ventures Pvt Ltd - India
- PowerSource Philippines DevCo
- Dalmia Cement Bharat India
- Intertek Mineral Services - Indonesia
- The Treasury - Australian Government
- Metalloyd Limited - United Kingdom
- Holcim Trading Pte Ltd - Singapore
- Maharashtra Electricity Regulatory Commission - India
- OPG Power Generation Pvt Ltd - India
- SN Aboitiz Power Inc, Philippines
- Bhushan Steel Limited - India
- San Jose City I Power Corp, Philippines
- GVK Power & Infra Limited - India
- Madhucon Powers Ltd - India
- Dong Bac Coal Mineral Investment Coporation - Vietnam
- Orica Mining Services - Indonesia
- Indo Tambangraya Megah - Indonesia
- Gujarat Sidhee Cement - India
- Electricity Authority, New Zealand
- Orica Australia Pty. Ltd.
- Chettinad Cement Corporation Ltd - India
- Billiton Holdings Pty Ltd - Australia
- Ceylon Electricity Board - Sri Lanka
- Australian Commodity Traders Exchange
- Wood Mackenzie - Singapore
- Australian Coal Association
- Salva Resources Pvt Ltd - India
- Asmin Koalindo Tuhup - Indonesia
- Aditya Birla Group - India
- Coastal Gujarat Power Limited - India
- Minerals Council of Australia
- Kepco SPC Power Corporation, Philippines
- Kaltim Prima Coal - Indonesia
- Sinarmas Energy and Mining - Indonesia
- Eastern Coal Council - USA
- Deloitte Consulting - India
- Semirara Mining and Power Corporation, Philippines
- Uttam Galva Steels Limited - India
- Ind-Barath Power Infra Limited - India
- Siam City Cement - Thailand
- Central Electricity Authority - India
- Mercuria Energy - Indonesia
- Coalindo Energy - Indonesia
- Siam City Cement PLC, Thailand
- Central Java Power - Indonesia
- European Bulk Services B.V. - Netherlands
- Filglen & Citicon Mining (HK) Ltd - Hong Kong
- Bahari Cakrawala Sebuku - Indonesia
- SMC Global Power, Philippines
- Bhoruka Overseas - Indonesia
- ASAPP Information Group - India
- Global Business Power Corporation, Philippines
- Petrochimia International Co. Ltd.- Taiwan
- Binh Thuan Hamico - Vietnam
- Gujarat Electricity Regulatory Commission - India
- Merrill Lynch Commodities Europe
- Sindya Power Generating Company Private Ltd
- Straits Asia Resources Limited - Singapore
- Energy Link Ltd, New Zealand
- Karbindo Abesyapradhi - Indoneisa
- Parliament of New Zealand
- Timah Investasi Mineral - Indoneisa
- Planning Commission, India
- Indogreen Group - Indonesia
- Coal and Oil Company - UAE
- Sree Jayajothi Cements Limited - India
- Sojitz Corporation - Japan
- Alfred C Toepfer International GmbH - Germany
- LBH Netherlands Bv - Netherlands
- Bangladesh Power Developement Board
- Electricity Generating Authority of Thailand
- Kalimantan Lumbung Energi - Indonesia
- Antam Resourcindo - Indonesia
- Economic Council, Georgia
- Karaikal Port Pvt Ltd - India
- New Zealand Coal & Carbon
- Thai Mozambique Logistica
- Tamil Nadu electricity Board
- Goldman Sachs - Singapore
- Energy Development Corp, Philippines
- Rashtriya Ispat Nigam Limited - India
- Bharathi Cement Corporation - India
- Indonesian Coal Mining Association
- Port Waratah Coal Services - Australia
- Global Green Power PLC Corporation, Philippines
- GN Power Mariveles Coal Plant, Philippines
- Carbofer General Trading SA - India
- Truba Alam Manunggal Engineering.Tbk - Indonesia
- Bhatia International Limited - India
- Pendopo Energi Batubara - Indonesia
- Larsen & Toubro Limited - India
- Bukit Asam (Persero) Tbk - Indonesia
- Riau Bara Harum - Indonesia
- Leighton Contractors Pty Ltd - Australia
- Meenaskhi Energy Private Limited - India
- Krishnapatnam Port Company Ltd. - India
- India Bulls Power Limited - India
- Bulk Trading Sa - Switzerland
- PetroVietnam Power Coal Import and Supply Company
- Standard Chartered Bank - UAE
- Kartika Selabumi Mining - Indonesia
- Tata Chemicals Ltd - India
- Barasentosa Lestari - Indonesia
- Georgia Ports Authority, United States
- Savvy Resources Ltd - HongKong
- Pipit Mutiara Jaya. PT, Indonesia
- Aboitiz Power Corporation - Philippines
- GMR Energy Limited - India
- Sarangani Energy Corporation, Philippines
- Latin American Coal - Colombia
- Malabar Cements Ltd - India
- Baramulti Group, Indonesia
- IEA Clean Coal Centre - UK
- Chamber of Mines of South Africa
- Commonwealth Bank - Australia
- Price Waterhouse Coopers - Russia
- Asia Pacific Energy Resources Ventures Inc, Philippines
- ICICI Bank Limited - India
- IHS Mccloskey Coal Group - USA
- Samtan Co., Ltd - South Korea
- London Commodity Brokers - England
- Sakthi Sugars Limited - India
- Thiess Contractors Indonesia
- PNOC Exploration Corporation - Philippines
- Simpson Spence & Young - Indonesia
- Gujarat Mineral Development Corp Ltd - India
- Videocon Industries ltd - India
- Iligan Light & Power Inc, Philippines
- Toyota Tsusho Corporation, Japan
- Rio Tinto Coal - Australia
- Xindia Steels Limited - India
- Posco Energy - South Korea
- Semirara Mining Corp, Philippines
- White Energy Company Limited
- MS Steel International - UAE
- Ministry of Finance - Indonesia
- CNBM International Corporation - China
- Mercator Lines Limited - India
- Edison Trading Spa - Italy
- Parry Sugars Refinery, India
- Makarim & Taira - Indonesia
- Maheswari Brothers Coal Limited - India
- Formosa Plastics Group - Taiwan
- Mjunction Services Limited - India
- Interocean Group of Companies - India
- South Luzon Thermal Energy Corporation
- Essar Steel Hazira Ltd - India
- Directorate Of Revenue Intelligence - India
- Jorong Barutama Greston.PT - Indonesia
- Grasim Industreis Ltd - India
- Star Paper Mills Limited - India
- Bayan Resources Tbk. - Indonesia
- Mintek Dendrill Indonesia
- Lanco Infratech Ltd - India
- PTC India Limited - India
- Vijayanagar Sugar Pvt Ltd - India
- Bukit Baiduri Energy - Indonesia
- Petron Corporation, Philippines
- Power Finance Corporation Ltd., India
- Medco Energi Mining Internasional
- Neyveli Lignite Corporation Ltd, - India
- Ministry of Transport, Egypt
- Kumho Petrochemical, South Korea
- TeaM Sual Corporation - Philippines
- SMG Consultants - Indonesia
- Vizag Seaport Private Limited - India
- Oldendorff Carriers - Singapore
- Therma Luzon, Inc, Philippines
|
| |
| |
|
