The Maritime Advocate-Issue 759

Posted:


1. Seafarers ‘the core of shipping’s future’
2. CMA CGM LIBRA debate
3. Covid-19 testing in Chinese ports
4. Seafarer workforce report
5. Subjective view
6. Maritime leadership programme goes virtual
7. SCMA rules consultation
8. SAFETY4SEA awards
9. Early termination of seafarer agreement
10. Identifying the shipper
11. Bulk carrier safety
12. Highlighting dangers
13. Lay-up loss prevention
14. Ballast water changes
15. TT Club invests in Motorway Buddy app

Notices & Miscellany

Readers’ responses to our articles are very welcome and, where
suitable, will be reproduced:
Write to: contactus@themaritimeadvocate.com

New website launched
Today, we are delighted to announce the launch of our website, www.themaritimeadvocate.com.
We hope that you will make a point of visiting the site which will
contain all the back issues of the publication on a fully
searchable basis. We are also looking to attract new sponsors and
advertisers. Please get in touch with us for details of our rates.
(contactus@themaritimeadvocate.com).


1. Year of the Seafarer

“Seafarers: at the core of shipping?s future” has been
selected by the International Maritime Organization as the world
maritime theme for 2021, reflecting a clear need to raise
awareness of seafarers? vital role in world trade and increase
their visibility.

The focus on seafarers comes as the Covid-19 pandemic has placed
extraordinary and unprecedented demands on them. Hundreds of
thousands faced, and are still facing, extended sea times, going
months at sea without seeing families and loved ones. The crew
change crisis in 2020 has highlighted seafarers? exceptional
contribution as key and essential workers, on the front line of
delivering world trade through a pandemic and in ordinary times.

The IMO Council endorsed the theme following a proposal by IMO
Secretary-General Kitack Lim. It will provide flexibility to the
secretariat, member states and NGOs   to focus on
seafarers as the people at the heart of shipping, while also
allowing for activities to delve into specific topics relevant to
the role of the seafarer in safety, maritime security,
environmental protection and seafarers? well-being; and the future
of seafaring against a backdrop of increased digitalisation and
automation.


2. Defective passage planning:  The CMA CGM LIBRA case

The UK Supreme Court has granted leave to appeal the recent
decision in Alize 1954 v Allianz Elementar Versicherungs AG (The
CMA CGM LIBRA). While the decision involved General Average,
P&I Club Gard discusses the ramifications of the finding of
unseaworthiness as it applies to the allocation of risk and
liabilities in the wider context of the marine transport of goods.

As the club comments in an online insight, international law aims
to apportion risk in the transport of goods between the ship
interests and cargo interests.  Simply put, shipowners are
responsible for cargo claims caused by unseaworthiness of the ship
but are exempt from liability for cargo claims caused by certain
risks, including navigational errors.

As Gard explains, the decision in Alize 1954 v Allianz Elementar
Versicherungs AG (The CMA CGM LIBRA) [2020] EWCA Civ 293 shifts
the established boundary between what is considered
“seaworthiness” and “navigation” resulting in shipowners’ bearing
a greater portion of the risk of the adventure. While
the   case involved General Average, it comes as no
surprise that the decision led to an increase in claims by cargo
interests alleging unseaworthiness on the basis of navigational
decisions. The vessel owners recently obtained permission to
appeal the decision to the UK Supreme Court and the International
Group of P&I Clubs supports the vessel owners’ position.

Given the importance of this case regarding the allocation of risk
between ship and cargo in a maritime adventure, the International
Group   has welcomed the UK Supreme Court’s decision to
hear the case, and has backed the application made seeking leave
to appeal to the Supreme Court. Gard says it will continue to
provide updates on developments in this case as they unfold.

FULL ARTICLE:
http://www.gard.no/web/updates/content/30269267/defective-passage-planning-unseaworthiness-or-a-navigational-decision-the-cma-cgm-libra-question-sails-on-to-the-uk-supreme-court

 




3. Covid-19 testing in Chinese ports

The UK Club has outlined a number of issues that owners need
to address in Chinese ports if crew test positive for Covid-19.

Due to a spike in the number of Covid-19 cases in China linked to
vessels arriving in Chinese ports following crew changes, the
local customs authority has introduced enhanced procedures for
testing.
The club’s local correspondents, Oasis P&I, have issued a
circular to explain the new procedures and the consequences for
members and their vessels if any crew member tests positive for
Covid-19. The club strongly recommends that members review the
correspondents’ circular for guidance. They recommend that careful
arrangements are made to test crew members for Covid-19 when the
crew members sign-on to avoid the subsequent problems highlighted
in the circular, when the vessel arrives at Chinese ports.

Downloads: Oasis circular 2009 (137 KB) Download
PDF.


4. Seafarer Workforce report

With the future of crewing high on the agenda, BIMCO and the
International Chamber of Shipping are seeking input from the
industry for the latest Seafarer Workforce Report, the industry
standard resource for ship operators, agencies and governments
seeking the market intelligence they need to develop crewing and
training strategies fit for the future.
“The shipping industry is evolving rapidly,” says Guy Platten,
Secretary General of the International Chamber of Shipping. “With
the challenges and changes wrought by the Covid-19 pandemic,
decarbonisation and rapid technological developments, ship
operators now more than ever need a management tool that provides
them with an understanding of both today’s and tomorrow’s crewing
landscape.”

Over the next few months shipping companies, national maritime
administrations, and maritime education and training institutions
will be asked to contribute to the new report. Their insight and
data on the status of maritime training and recruitment, attrition
and retention rates and the number and profiles of seafarers
qualified and certificated under the STCW Convention will provide
the foundation for the publication.

“I believe that this study will be one of the most important that
we have launched. The Covid-19 pandemic represents a crew change
crisis as well a financial crisis for our industry that may
influence the global supply and demand of seafarers for many years
to come. The result will help provide answers to where the
shipping world is heading and what new crewing initiatives might
be required,” says David Loosley, BIMCO Secretary General.

For further information on the new Seafarer Workforce Report
please contact Debra Massey on +44 1296 682675, email dmassey@elabor8.co.uk


5. Subjective view

Law firm Watson Farley has been considering the decision in
Nautica Marine Limited v Trafigura Trading LLC, where the English
High Court has provided helpful guidance on the legal effect of
agreements on “subjects” or “subs”.

This case will be of interest to all those engaged in contract
negotiation since it provides an important reminder of the need
for clarity and precision when using “subjects”, the law firm
says.

FULL ARTICLE:
https://www.wfw.com/articles/lifting-the-lid-on-subjects-the-decision-in-nautica-v-trafigura/


6. Maritime leadership programme goes virtual

Recruitment firm Spinnaker is delivering its Maritime
Leadership Development Programme virtually this autumn, adapting
to demand during the   pandemic and to help keep
employees who are working from home engaged. According to
Spinnaker only one-fifth of maritime industry employees believe
their employers develop their people well or promote those with
the best management aptitude.

The Maritime Leadership Development Programme is provided by
Spinnaker and t-three and incorporates the personality profiling
tool Facet5. Before the virtual workshop maritime leadership
sessions, each attendee completes their Facet5 personality profile
and receives feedback via video call. The one to one coaching that
follows the workshop not only helps to embed changes at an
individual level but provides a confidential overview for the
chief executive of any challenges.

Delivered globally as an open programme for individuals or small
group attendance, it is also available for exclusive, in-house
delivery.  The first open programme, taking place this
autumn, can be booked by contacting Lucy McQuillan at lmcquillan@spinnaker-global.com.


7. SCMA rules consultation.

The Public Consultation period on the Singapore Chamber of
Maritime Arbitration (SCMA) Rules has been extended and will now
close on 30 September, 2020. Singapore-based law firm Dentons
Rodyk is considering a submission and would be pleased to hear
from readers if they would like the firm to consider any comments
or views. Alternatively, readers may wish to submit their comments
or views entitled “Consultation on SCMA Rules Amendments” directly
to the SCMA at Punit.Oza@scma.org.sg.

In any event, readers should stay tuned to find out which proposed
changes are in fact implemented and how, Dentons Rodyk advises.


8. SAFETY 4 SEA awards

Steamship Mutual has been nominated for the 2020 SAFETY4SEA
Training Award for the series of coronavirus videos which offer
guidance to seafarers. The SAFETY4SEA Training Award is to be
awarded to any organisation that provided a significant
achievement or breakthrough or significant contribution in any
aspect of maritime training.

Voting for the award is underway and you can register
your vote here.

So far there are 4 films in the Steamship Mutual Coronavirus
series:

Coronavirus
– Stay Safe on Board

Coronavirus
– Mental Resilience on Board

Coronavirus
– Protection on Board

Coronavirus
– Crew Change

All films can be viewed and downloaded from the Steamship Mutual
website where you will also find links to subtitled versions in
Korean, Chinese, Brazilian Portuguese and Tagalog.

Voting is open until Friday 4 September 2020 and votes can be registered
here.


9. Early termination of seafarer agreement

Cyprus-based law firm Michael Kyprianou has been considering
the legal position in relation to early termination by the
shipowner and/or the master of a Cyprus flag ship of a Seafarer
Employment Agreement (SEA).

The article considers a hypothetical scenario involving a seafarer
on a Cyprus-flagged ship under a valid SEA for the duration of six
months who is discharged prior to the expiration of his/her SEA.

It considers the rights and obligations of both parties to the SEA
agreement under the relevant legislation as well as compensation
issues in the event of termination of employment through no fault
of the seafarer.

For further details see:
https://www.kyprianou.com/en/news/publications/view?publication=2020/earlier-discharge-of-a-seafarer-under-cyprus-law.html



10. Identifying the shipper

TT Club has been considering a recent RockSolid judgment which
sets out a useful analysis of contracts where a court will examine
the conduct of the parties and surrounding circumstances to reach
a conclusion. Carriers should be alerted to the importance of
knowing who they are dealing with, ensuring that the shipper on a
bill of lading is correctly identified.

MVV contracted with RockSolid to carry consignments of waste
(unprocessed incinerator bottom ash) from its electricity
production plant in Plymouth to RockSolid’s plant in the
Netherlands for treatment and disposal. Risk and title transferred
to RockSolid from collection at MVV’s plant.

RockSolid used its own vehicles to collect the product, chartered
ships and issued bills of lading through its agents, Sanders
Stevens, for each of 34 shipments over a period of 18 months. All
the bills incorrectly named MVV as shipper. RockSolid approved the
bills and Sanders Stevens emailed copies to MVV. Neither RockSolid
nor MVV commented on the error.

The day after the 34th shipment was loaded on board a ship
chartered by RockSolid from NTO two explosions occurred, injuring
the chief engineer and damaging the ship.

The bill for the 34th shipment incorporated a charter party
between RockSolid and NTO, and specifically referred to
arbitration. NTO claimed losses in excess of €700,000 from MVV in
London (LMAA) arbitration, relying on the contract of carriage as
evidenced by the bill. MVV pleaded that the bill had been prepared
in error, and it was neither the shipper nor a party to the
contract of carriage, and was therefore not subject to the
arbitration agreement referred to in the bill. The tribunal
rejected this pleading and took jurisdiction. MVV appealed by
application to the High Court.

Further details can be found on the TT Club website, www.ttclub.com.


11. Bulk carrier safety

The Nautical Institute is set to launch new guidance on bulk
carrier operations and potential risks in handling certain types
of cargo.

Bulk carriers are the workhorses of international maritime trade.
Those responsible for operating them need to manage significant
risks inherent to the dry bulk trade. Certain cargoes can deplete
oxygen, catch fire, explode, corrode holds or simply deteriorate.
At terminals, the master may come under pressure to accept cargoes
that are too hot or wet, which could endanger vessel and crew.

The dry bulk sector has made huge efforts to improve safety, but
“there is no room for complacency and more work is needed,” says
Intercargo Secretary General Dr Kostas Gkonis.
In collaboration with Intercargo and vetting organisation
RightShip, The Nautical Institute has responded by publishing A
Guide to Bulk Carrier Operations.

In the words of RightShip General Manager David Peel, the book has
been designed as “a comprehensive end-to-end guide to exemplary
safety practices that will be useful for all participants in our
workforce, including shipowners, ports, terminals, charterers and
associations”.

Subjects covered include strength and stability, hatch cover care,
enclosed spaces, charterparties, legislation, draught surveys,
deballasting, monitoring hazardous cargoes, spontaneous
combustion, fumigation, coal fires, liquefaction and
oxygen-depletion, safe mooring and access, ship-shore
communication and ship/shore damage.

 


12. Highlighting dangers

A good example from the Nautical Institute of the dangers
inherent in completing everyday tasks like checking a light bulb –
the kind of job we  carry out almost without thinking.

When a crew member saw a single slipper lying near the lifebuoy
release station he immediately raised the alarm. Realising the OOW
was nowhere to be seen, the ship put out a pan-pan message and
initiated a Williamson turn. Some 2½ hours later, a rescue
helicopter spotted someone in the water. It was the OOW, but
unfortunately he was already dead.

Investigation indicated that the OOW had been checking the
lifebuoy, as the light cap was partly unscrewed and the bulb – in
good condition – had been removed, presumably for inspection. The
buoy was difficult to access, mounted on the outside of the guard
rail stanchion. The OOW was 173cm (5ft 8in) tall, so he may have
had to step on to the lower guard rail in order to reach the
fitting. It would appear that he slipped and fell overboard.

The incident highlights the dangers of working alone and the need
to consider the risks involved in all maintenance tasks –
especially those in hard-to-reach areas. In this case, wearing
proper footwear with a good grip might have made a critical
difference to the outcome.

More details about the incident and the lessons to be learned from
it are contained
in the report 202039
on the Institute’s free online
MARS database


13. Lay-up loss prevention

The latest version of North’s Vessel Lay- Up Loss Prevention
briefing offers guidance on lay-up and its effect on P&I
insurance.

Additionally, it refers to the differences in storage
characteristics between traditional residual fuels such as RMG380
and the modern very low sulphur fuel oils (VLSFOs) used after the
0.50% IMO global sulphur cap came into place.

Read
the briefing here
. North’s recent article – The Changing
Face of Fuels looks in more detail at the problems experienced so
far from using VLSFOs.

Read more on fuels in our dedicated 2020 sulphur
cap expertise area here
.


14. Ballast water changes

North P & I Club highlights that the United States Coast
Guard (USCG) has implemented changes to the ballast water
management reporting requirements for vessels calling to the USA.

This latest revision of the reporting form is effective
immediately and replaces all previous versions. The National
Ballast Information Clearinghouse (NBIC) no longer accepts old
formats of the reporting form.

 


15. TT Club invests in Motorway Buddy App

The TT Club is investing in the Motorway Buddy App which
brings together the existing technology of a reputable road
haulage app and detailed crime data, which maps the cargo and fuel
theft hotspots provided by the Freight Unit of the National
Vehicle Crime Intelligence Service (NaVCIS).

The Motorway Buddy smartphone app is an established suite of
products recognised by the UK government and trade organisations
as the go-to truck stop locator for UK and European drivers. The
app is a driver-friendly compliance and safety management tool,
among other functions it provides the location of over 300
recognised truck stop facilities across the UK. From its
collaboration with the BSI Group in producing an annual
cargo theft report
TT Club recognises that in Europe over
60% of reported cargo thefts occur in transit, typically in rest
areas or unsecured parking areas. “There is a critical need for
hauliers and drivers to be able to make informed risk decisions
when it comes to parking their vehicle,” said TT Club’s managing
director for loss prevention Mike Yarwood. “The development of
Motorway Buddy, which we are funding, will enable a data-informed,
proactive approach to a constantly evolving risk environment.”

The intention is for Motorway Buddy to become a unified platform,
merging its existing truck stop and driver compliance
functionality with the theft and crime data provided by NaVCIS to
produce a series of heat maps visualising recorded cargo and fuel
theft incidents. The data will be updated on a three-month rolling
basis, with 12 months of data displayed at any one time.

Motorway Buddy (MWB) app


Events and appointments

The London Shipping Law Centre and Linklaters are holding a live
webinar on Wednesday 16 September 2020 at 12.30 UK time entitled
‘The Good Faith Debate: English Law and the International Tide.
LSLC says good faith is a hot topic in English law and an issue
which may yet prove to be relevant in disputes triggered by the
Covid crisis, which will be determined in arbitration and the
English courts.   This webinar will consist of a round
table discussion by leading experts from a range of specialisms:
maritime, commercial, and financial.

Attendance is Free. Link
to the Booking Form for this event

2nd Cyprus Legal Conference – IMH Digital Events – 9 September
2020

The Conference will focus on law firms and legal service providers
and how they are driving innovation among in-house legal teams and
legal operations professionals.  It will also review the
current state of the legal industry, in the wake of Covid-19 and
the rapid need for digitalisation of businesses in  order to
future-proof them.

Julian Clark global senior partner at Ince will be
presenting on virtual entrepreneurship and the need to digitalize
the legal sector after Covid-19, with other speakers
including,  Holly Stebbing partner at Norton Rose Fulbright,
George L. Savvides, Attorney General of the Republic of Cyprus,
Stelios Nathanael President, Supreme Court of the Republic of
Cyprus, Emily Yiolitis, Minister of Justice and Public Order
Republic of Cyprus.

New Lloyd’s Register CEO
The Board of Lloyd’s Register Group has announced that group chief
executive, Alastair Marsh has decided to step down from his role
and retire from the Lloyd’s Register Group Board on 31 December
2020, with a view to taking on some non-executive and advisory
roles. Nick Brown, currently marine and offshore director, will
succeed Marsh as group chief executive and join the LR Group board
on 1 January 2021. Brown will continue in his current role until
this date. A successor to Brown will be announced in due course.

IUMI Annual Conference
The International Union of Marine (IUMI) Annual Conference is
scheduled to take place   over a two-week period from
14-25 September 2020. This year IUMI was supposed to be returning
to the great maritime city of Stockholm for the fourth time but –
for the first time in its history – this conference will be held
online due to the continuing challenging global conditions.

For information on the conference and the outline agenda please
visit www.iumi2020.com.
For the full programme please click here.

Some of Jonathan’s readers may be aware that his wife Mary has a
small business breeding thoroughbred racehorses. Mary is currently
in the process of setting up a racing syndicate for a colt, sired
by French Fifteen. French Fifteen is best known as
coming second to Camelot (beaten by a neck) in the English
classic race, The Two Thousand Guineas. If anyone is
interested in finding more about the syndicate, Mary can be
contacted by email mary.ignarski@googlemail.com

Please notify the Editor of your appointments, promotions, new
office openings and other important happenings: contactus@themaritimeadvocate.com

 


Misecellany


Exam turmoil

Given the recent turmoil surrounding the issue of student exam
results in the UK, it is perhaps worth considering some of the
replies they might have been able to put to questions  if, of
course, they had had the opportunity to do so. The following are
some actual excerpts from student science exam papers.

1. The theory of evolution was greatly objected to because it made
man think.

2. Three kinds of blood vessels are arteries, vanes and
caterpillars.

3. The process of turning steam back into water again is called
conversation.

4. The Earth makes one resolution every 24 hours.

5. Bar magnets have north and south poles, horseshoe magnets have
east and west poles.

6. Parallel lines never meet, unless you bend one or both of them.

7. Algebraical symbols are used when you do not know what you’re
talking about.

8. A circle is a line which meets its other end without ending.

9. The pistol of a flower is its only protection against insects.

10. The moon is a planet just like the Earth, only it is even
deader.

11. When you smell an odourless gas, it is probably carbon
monoxide.

12. A super-saturated solution is one that holds more than it can
hold.

13. Blood flows down one leg and up the other.

14. Before giving a blood transfusion, find out if the blood is
affirmative or negative.

15. When you haven’t got enough iodine in your blood you get a
glacier.

16. It is a well-known fact that a deceased mind harms the body.
(Just look around at some co-workers and you’ll find
proof!–Aiken)

17. For fractures: to see if the limb is broken, wiggle it gently
back and forth.

18. For nosebleed: put the nose much lower than the body.


Thanks for Reading the Maritime Advocate online

Maritime Advocate Online is a fortnightly digest of news and
views on the maritime industries, with particular reference to
legal issues and dispute resolution. It is published to over
20,000 individual subscribers each week and republished within
firms and organisations all over the maritime world. It is the
largest publication of its kind. We estimate it goes to around
60,000 readers in over 120 countries.