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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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Thursday, 08 May 14
INDONESIAN COAL PRICE REFERENCE IN MAY CRASHES THROUGH $74
COALspot.com - The Ministry of Energy & Mineral Resources of Indonesia has revised down again the coal bench mark price by US$ 1.21 / MT to ...
Wednesday, 07 May 14
THE DRY BULK MARKET HAS NOTED ANOTHER WEEKLY POSITIVE GAIN
Chartering (Wet: Softer- / Dry: Stable+)
The Dry Bulk market has noted another weekly positive gain, driven by the Capesize segment, but we ne ...
Wednesday, 07 May 14
SGX ENHANCES ITS COMMODITIES PRODUCT OFFERING
COALspot.com: SGX is building up its bulk commodity product offerings with 9 more derivative contracts over the next 2 months, subject to regula ...
Tuesday, 06 May 14
NEWCASTLE COAL EXPORT SLIPS 7.92% WEEK ON WEEK
COALspot.com: In the week ended 07:00 hours 5 May 2014, power plant and semi-soft coking coal shipments from the port of Newcastle in Queensland ...
Monday, 05 May 14
HUANENG CLEAN ENERGY RESEARCH INSTITUTE HAS CONFIRMED TO SPEAK AT CCF2014
Press Release: Produced by CDMC Events, The 13th Clean Coal Forum 2014 will be held on June 12,13, 2014 in Beijing, China. We are glad to invite ...
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- Eastern Coal Council - USA
- Georgia Ports Authority, United States
- Global Coal Blending Company Limited - Australia
- Goldman Sachs - Singapore
- SMC Global Power, Philippines
- Malabar Cements Ltd - India
- Xindia Steels Limited - India
- Eastern Energy - Thailand
- OPG Power Generation Pvt Ltd - India
- Mjunction Services Limited - India
- The State Trading Corporation of India Ltd
- Meralco Power Generation, Philippines
- Mintek Dendrill Indonesia
- IEA Clean Coal Centre - UK
- Marubeni Corporation - India
- CNBM International Corporation - China
- Indian Energy Exchange, India
- Edison Trading Spa - Italy
- San Jose City I Power Corp, Philippines
- Lanco Infratech Ltd - India
- Neyveli Lignite Corporation Ltd, - India
- New Zealand Coal & Carbon
- Kalimantan Lumbung Energi - Indonesia
- TeaM Sual Corporation - Philippines
- Gujarat Sidhee Cement - India
- Parliament of New Zealand
- Standard Chartered Bank - UAE
- Vijayanagar Sugar Pvt Ltd - India
- Kideco Jaya Agung - Indonesia
- Semirara Mining Corp, Philippines
- Leighton Contractors Pty Ltd - Australia
- Makarim & Taira - Indonesia
- Energy Development Corp, Philippines
- Metalloyd Limited - United Kingdom
- Bukit Makmur.PT - Indonesia
- Posco Energy - South Korea
- Australian Coal Association
- Orica Australia Pty. Ltd.
- Semirara Mining and Power Corporation, Philippines
- Vizag Seaport Private Limited - India
- Kohat Cement Company Ltd. - Pakistan
- Dong Bac Coal Mineral Investment Coporation - Vietnam
- Iligan Light & Power Inc, Philippines
- Miang Besar Coal Terminal - Indonesia
- Ambuja Cements Ltd - India
- SMG Consultants - Indonesia
- Price Waterhouse Coopers - Russia
- Kartika Selabumi Mining - Indonesia
- Bukit Asam (Persero) Tbk - Indonesia
- GAC Shipping (India) Pvt Ltd
- Africa Commodities Group - South Africa
- Offshore Bulk Terminal Pte Ltd, Singapore
- Sree Jayajothi Cements Limited - India
- Karbindo Abesyapradhi - Indoneisa
- MS Steel International - UAE
- Vedanta Resources Plc - India
- Borneo Indobara - Indonesia
- Manunggal Multi Energi - Indonesia
- Alfred C Toepfer International GmbH - Germany
- Barasentosa Lestari - Indonesia
- Sarangani Energy Corporation, Philippines
- Banpu Public Company Limited - Thailand
- Central Electricity Authority - India
- Riau Bara Harum - Indonesia
- Essar Steel Hazira Ltd - India
- Cement Manufacturers Association - India
- Tamil Nadu electricity Board
- Intertek Mineral Services - Indonesia
- Aboitiz Power Corporation - Philippines
- Salva Resources Pvt Ltd - India
- Trasteel International SA, Italy
- Larsen & Toubro Limited - India
- Toyota Tsusho Corporation, Japan
- Indonesian Coal Mining Association
- Pipit Mutiara Jaya. PT, Indonesia
- Bahari Cakrawala Sebuku - Indonesia
- Antam Resourcindo - Indonesia
- Kobexindo Tractors - Indoneisa
- Agrawal Coal Company - India
- Cigading International Bulk Terminal - Indonesia
- Minerals Council of Australia
- Bhushan Steel Limited - India
- The University of Queensland
- London Commodity Brokers - England
- Pendopo Energi Batubara - Indonesia
- Altura Mining Limited, Indonesia
- Port Waratah Coal Services - Australia
- South Luzon Thermal Energy Corporation
- Chettinad Cement Corporation Ltd - India
- Rio Tinto Coal - Australia
- Independent Power Producers Association of India
- LBH Netherlands Bv - Netherlands
- AsiaOL BioFuels Corp., Philippines
- PowerSource Philippines DevCo
- Ministry of Transport, Egypt
- Dalmia Cement Bharat India
- Parry Sugars Refinery, India
- Coastal Gujarat Power Limited - India
- Central Java Power - Indonesia
- Kaltim Prima Coal - Indonesia
- European Bulk Services B.V. - Netherlands
- Filglen & Citicon Mining (HK) Ltd - Hong Kong
- Timah Investasi Mineral - Indoneisa
- Rashtriya Ispat Nigam Limited - India
- Bhoruka Overseas - Indonesia
- Petrochimia International Co. Ltd.- Taiwan
- Power Finance Corporation Ltd., India
- Kumho Petrochemical, South Korea
- Merrill Lynch Commodities Europe
- White Energy Company Limited
- Bayan Resources Tbk. - Indonesia
- Ind-Barath Power Infra Limited - India
- Carbofer General Trading SA - India
- Tata Chemicals Ltd - India
- Romanian Commodities Exchange
- GN Power Mariveles Coal Plant, Philippines
- Kepco SPC Power Corporation, Philippines
- Videocon Industries ltd - India
- Billiton Holdings Pty Ltd - Australia
- Dr Ramakrishna Prasad Power Pvt Ltd - India
- Krishnapatnam Port Company Ltd. - India
- Maheswari Brothers Coal Limited - India
- Uttam Galva Steels Limited - India
- Jaiprakash Power Ventures ltd
- Economic Council, Georgia
- Heidelberg Cement - Germany
- TNB Fuel Sdn Bhd - Malaysia
- PNOC Exploration Corporation - Philippines
- Savvy Resources Ltd - HongKong
- India Bulls Power Limited - India
- Attock Cement Pakistan Limited
- Sinarmas Energy and Mining - Indonesia
- Electricity Generating Authority of Thailand
- Electricity Authority, New Zealand
- Star Paper Mills Limited - India
- Holcim Trading Pte Ltd - Singapore
- Coal and Oil Company - UAE
- Indo Tambangraya Megah - Indonesia
- Renaissance Capital - South Africa
- Oldendorff Carriers - Singapore
- McConnell Dowell - Australia
- Karaikal Port Pvt Ltd - India
- Indian Oil Corporation Limited
- Maharashtra Electricity Regulatory Commission - India
- PetroVietnam Power Coal Import and Supply Company
- Directorate General of MIneral and Coal - Indonesia
- Bhatia International Limited - India
- Gujarat Mineral Development Corp Ltd - India
- CIMB Investment Bank - Malaysia
- Asia Pacific Energy Resources Ventures Inc, Philippines
- The Treasury - Australian Government
- International Coal Ventures Pvt Ltd - India
- Global Green Power PLC Corporation, Philippines
- Globalindo Alam Lestari - Indonesia
- Simpson Spence & Young - Indonesia
- Siam City Cement - Thailand
- Therma Luzon, Inc, Philippines
- Jorong Barutama Greston.PT - Indonesia
- Bukit Baiduri Energy - Indonesia
- Asmin Koalindo Tuhup - Indonesia
- ICICI Bank Limited - India
- Interocean Group of Companies - India
- Mercator Lines Limited - India
- Mercuria Energy - Indonesia
- Grasim Industreis Ltd - India
- Energy Link Ltd, New Zealand
- Samtan Co., Ltd - South Korea
- Sical Logistics Limited - India
- SN Aboitiz Power Inc, Philippines
- Ministry of Finance - Indonesia
- Thai Mozambique Logistica
- Petron Corporation, Philippines
- Indogreen Group - Indonesia
- Wilmar Investment Holdings
- Binh Thuan Hamico - Vietnam
- Directorate Of Revenue Intelligence - India
- Commonwealth Bank - Australia
- Ceylon Electricity Board - Sri Lanka
- Australian Commodity Traders Exchange
- Sakthi Sugars Limited - India
- GMR Energy Limited - India
- Straits Asia Resources Limited - Singapore
- Truba Alam Manunggal Engineering.Tbk - Indonesia
- PTC India Limited - India
- Wood Mackenzie - Singapore
- Anglo American - United Kingdom
- Ministry of Mines - Canada
- Chamber of Mines of South Africa
- ASAPP Information Group - India
- Gujarat Electricity Regulatory Commission - India
- Latin American Coal - Colombia
- Sindya Power Generating Company Private Ltd
- Global Business Power Corporation, Philippines
- Aditya Birla Group - India
- Thiess Contractors Indonesia
- Indika Energy - Indonesia
- Siam City Cement PLC, Thailand
- Bulk Trading Sa - Switzerland
- Bharathi Cement Corporation - India
- Sojitz Corporation - Japan
- Baramulti Group, Indonesia
- Bank of Tokyo Mitsubishi UFJ Ltd
- Coalindo Energy - Indonesia
- IHS Mccloskey Coal Group - USA
- VISA Power Limited - India
- Formosa Plastics Group - Taiwan
- Orica Mining Services - Indonesia
- Medco Energi Mining Internasional
- Planning Commission, India
- Singapore Mercantile Exchange
- Jindal Steel & Power Ltd - India
- Meenaskhi Energy Private Limited - India
- Madhucon Powers Ltd - India
- GVK Power & Infra Limited - India
- Deloitte Consulting - India
- Kapuas Tunggal Persada - Indonesia
- Bangladesh Power Developement Board
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