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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 April 14
API 8 CFR SOUTH CHINA COAL SWAPS GAINED 2.09% M-O-M
COALspot.com: API 8 CFR South China Coal swaps for average Q2 14 deliveries gained 2.09 percent month on month and closed at US$ 75.68 per ...
Sunday, 06 April 14
THE FREIGHT MARKET KEEPS SLIDING
COALspot.com: The freight market continued to drop this week. The BDI (Baltic Dry Index) is a widely followed metric that reflects the overall r ...
Friday, 04 April 14
UNITED STATES COAL OUTPUT UP 5.4% IN PAST WEEK
COALspot.com – United States the world's second largest coal producer, produced approximately 19.9 million short tons (mmst) of coal i ...
Thursday, 03 April 14
PANAMAX SECTOR IS WATCHING A SEVERE DROP IN RATES - FEARNLEYS
Handy
A further weaker sentiment for the Supras as well in both hemispheres this week with oversupply of tonnage being the major headline. Tra ...
Wednesday, 02 April 14
CHINA: ARBITRATION CLAUSES IN BILLS OF LADING UNDER CHINESE LEGAL PRACTICE - SKULD
KNOWLEDGE TO ELEVATE
Successful incorporation of a charterparty arbitration clause into the bills of lading is not a straight forward matte ...
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Showing 3766 to 3770 news of total 6871 |
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- Siam City Cement - Thailand
- Antam Resourcindo - Indonesia
- Dalmia Cement Bharat India
- Directorate Of Revenue Intelligence - India
- Oldendorff Carriers - Singapore
- Anglo American - United Kingdom
- Pipit Mutiara Jaya. PT, Indonesia
- Rio Tinto Coal - Australia
- VISA Power Limited - India
- GVK Power & Infra Limited - India
- Grasim Industreis Ltd - India
- Vedanta Resources Plc - India
- McConnell Dowell - Australia
- Xindia Steels Limited - India
- Toyota Tsusho Corporation, Japan
- Economic Council, Georgia
- Mercuria Energy - Indonesia
- New Zealand Coal & Carbon
- Aditya Birla Group - India
- TeaM Sual Corporation - Philippines
- Mercator Lines Limited - India
- SMC Global Power, Philippines
- Globalindo Alam Lestari - Indonesia
- Merrill Lynch Commodities Europe
- Rashtriya Ispat Nigam Limited - India
- Ind-Barath Power Infra Limited - India
- Sree Jayajothi Cements Limited - India
- Bhatia International Limited - India
- Thiess Contractors Indonesia
- Ceylon Electricity Board - Sri Lanka
- Bharathi Cement Corporation - India
- Kobexindo Tractors - Indoneisa
- Simpson Spence & Young - Indonesia
- Price Waterhouse Coopers - Russia
- Energy Development Corp, Philippines
- Uttam Galva Steels Limited - India
- Sindya Power Generating Company Private Ltd
- Bayan Resources Tbk. - Indonesia
- Parry Sugars Refinery, India
- Electricity Authority, New Zealand
- Alfred C Toepfer International GmbH - Germany
- Eastern Energy - Thailand
- Energy Link Ltd, New Zealand
- San Jose City I Power Corp, Philippines
- London Commodity Brokers - England
- Vijayanagar Sugar Pvt Ltd - India
- Aboitiz Power Corporation - Philippines
- Straits Asia Resources Limited - Singapore
- Banpu Public Company Limited - Thailand
- Marubeni Corporation - India
- Karaikal Port Pvt Ltd - India
- Bhoruka Overseas - Indonesia
- Ministry of Finance - Indonesia
- Kepco SPC Power Corporation, Philippines
- LBH Netherlands Bv - Netherlands
- Karbindo Abesyapradhi - Indoneisa
- Timah Investasi Mineral - Indoneisa
- Ministry of Transport, Egypt
- SN Aboitiz Power Inc, Philippines
- Dr Ramakrishna Prasad Power Pvt Ltd - India
- Heidelberg Cement - Germany
- The University of Queensland
- IEA Clean Coal Centre - UK
- Commonwealth Bank - Australia
- Pendopo Energi Batubara - Indonesia
- Intertek Mineral Services - Indonesia
- Orica Mining Services - Indonesia
- Iligan Light & Power Inc, Philippines
- Gujarat Sidhee Cement - India
- South Luzon Thermal Energy Corporation
- Miang Besar Coal Terminal - Indonesia
- Indian Oil Corporation Limited
- Star Paper Mills Limited - India
- GN Power Mariveles Coal Plant, Philippines
- Semirara Mining Corp, Philippines
- Riau Bara Harum - Indonesia
- India Bulls Power Limited - India
- Leighton Contractors Pty Ltd - Australia
- Carbofer General Trading SA - India
- Holcim Trading Pte Ltd - Singapore
- CIMB Investment Bank - Malaysia
- Coastal Gujarat Power Limited - India
- Romanian Commodities Exchange
- PTC India Limited - India
- Borneo Indobara - Indonesia
- OPG Power Generation Pvt Ltd - India
- Petron Corporation, Philippines
- Meenaskhi Energy Private Limited - India
- Chamber of Mines of South Africa
- Billiton Holdings Pty Ltd - Australia
- Bahari Cakrawala Sebuku - Indonesia
- Sinarmas Energy and Mining - Indonesia
- Indonesian Coal Mining Association
- Therma Luzon, Inc, Philippines
- Medco Energi Mining Internasional
- Indogreen Group - Indonesia
- Semirara Mining and Power Corporation, Philippines
- Metalloyd Limited - United Kingdom
- Krishnapatnam Port Company Ltd. - India
- The State Trading Corporation of India Ltd
- Makarim & Taira - Indonesia
- International Coal Ventures Pvt Ltd - India
- Power Finance Corporation Ltd., India
- White Energy Company Limited
- Meralco Power Generation, Philippines
- Salva Resources Pvt Ltd - India
- Bukit Makmur.PT - Indonesia
- Savvy Resources Ltd - HongKong
- Agrawal Coal Company - India
- Latin American Coal - Colombia
- Deloitte Consulting - India
- Parliament of New Zealand
- Global Green Power PLC Corporation, Philippines
- Jindal Steel & Power Ltd - India
- Indika Energy - Indonesia
- Binh Thuan Hamico - Vietnam
- Truba Alam Manunggal Engineering.Tbk - Indonesia
- PNOC Exploration Corporation - Philippines
- Kartika Selabumi Mining - Indonesia
- MS Steel International - UAE
- Electricity Generating Authority of Thailand
- Malabar Cements Ltd - India
- Maheswari Brothers Coal Limited - India
- Mjunction Services Limited - India
- Lanco Infratech Ltd - India
- European Bulk Services B.V. - Netherlands
- Renaissance Capital - South Africa
- Larsen & Toubro Limited - India
- Kapuas Tunggal Persada - Indonesia
- Trasteel International SA, Italy
- Sical Logistics Limited - India
- Neyveli Lignite Corporation Ltd, - India
- Posco Energy - South Korea
- CNBM International Corporation - China
- Bangladesh Power Developement Board
- Independent Power Producers Association of India
- Wood Mackenzie - Singapore
- Australian Coal Association
- Maharashtra Electricity Regulatory Commission - India
- Formosa Plastics Group - Taiwan
- Asia Pacific Energy Resources Ventures Inc, Philippines
- Sakthi Sugars Limited - India
- Sojitz Corporation - Japan
- Georgia Ports Authority, United States
- Indo Tambangraya Megah - Indonesia
- AsiaOL BioFuels Corp., Philippines
- Filglen & Citicon Mining (HK) Ltd - Hong Kong
- Vizag Seaport Private Limited - India
- Bank of Tokyo Mitsubishi UFJ Ltd
- Gujarat Mineral Development Corp Ltd - India
- Ambuja Cements Ltd - India
- Eastern Coal Council - USA
- Bukit Asam (Persero) Tbk - Indonesia
- Asmin Koalindo Tuhup - Indonesia
- Kalimantan Lumbung Energi - Indonesia
- Madhucon Powers Ltd - India
- Sarangani Energy Corporation, Philippines
- IHS Mccloskey Coal Group - USA
- Cigading International Bulk Terminal - Indonesia
- Global Business Power Corporation, Philippines
- GMR Energy Limited - India
- GAC Shipping (India) Pvt Ltd
- Directorate General of MIneral and Coal - Indonesia
- Barasentosa Lestari - Indonesia
- Chettinad Cement Corporation Ltd - India
- Bhushan Steel Limited - India
- Interocean Group of Companies - India
- Tata Chemicals Ltd - India
- The Treasury - Australian Government
- Port Waratah Coal Services - Australia
- Jorong Barutama Greston.PT - Indonesia
- Essar Steel Hazira Ltd - India
- Planning Commission, India
- Central Electricity Authority - India
- Central Java Power - Indonesia
- Tamil Nadu electricity Board
- Edison Trading Spa - Italy
- Baramulti Group, Indonesia
- Petrochimia International Co. Ltd.- Taiwan
- SMG Consultants - Indonesia
- Jaiprakash Power Ventures ltd
- Thai Mozambique Logistica
- Bukit Baiduri Energy - Indonesia
- Attock Cement Pakistan Limited
- TNB Fuel Sdn Bhd - Malaysia
- Cement Manufacturers Association - India
- ICICI Bank Limited - India
- ASAPP Information Group - India
- Videocon Industries ltd - India
- Goldman Sachs - Singapore
- Minerals Council of Australia
- Standard Chartered Bank - UAE
- Kideco Jaya Agung - Indonesia
- Coal and Oil Company - UAE
- Offshore Bulk Terminal Pte Ltd, Singapore
- Altura Mining Limited, Indonesia
- PetroVietnam Power Coal Import and Supply Company
- Coalindo Energy - Indonesia
- Siam City Cement PLC, Thailand
- Kumho Petrochemical, South Korea
- Mintek Dendrill Indonesia
- Indian Energy Exchange, India
- Gujarat Electricity Regulatory Commission - India
- Global Coal Blending Company Limited - Australia
- Africa Commodities Group - South Africa
- Samtan Co., Ltd - South Korea
- Kaltim Prima Coal - Indonesia
- Ministry of Mines - Canada
- Singapore Mercantile Exchange
- Dong Bac Coal Mineral Investment Coporation - Vietnam
- Manunggal Multi Energi - Indonesia
- Bulk Trading Sa - Switzerland
- Wilmar Investment Holdings
- Orica Australia Pty. Ltd.
- Kohat Cement Company Ltd. - Pakistan
- PowerSource Philippines DevCo
- Australian Commodity Traders Exchange
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