The Maritime Advocate–Issue 790

Posted:

1. Damned if you do …
2. Emissions trading
3. Op costs
4. Good Catch
5. Law of the Sea convention
6. R&D investment needed
7. Biofouling
8. Longshore compensation
9. Container fire safety
10. Piracy threats
11. Decarbonisation
12. Seafarers happiness
13. Carrier surcharge
14. DNV net zero pathway
15. Below the waterline
16. Supply chain security

Notices & Miscellany

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


1. Damned if you do …

By Michael Grey

In this world where virtue-signalling competes with the need to blame everyone, maybe we should not be surprised at the growing enthusiasm to second-guess somebody else’s decision-making. The dogs of blame are clearly out for the master of the 4526teu Zim Kingston, which lost some 100 boxes over the side in heavy weather off the coast of British Columbia, with commentators and low-ranked coastguards appearing to be surprised that the ship did not shelter from the approaching storm, rather than tough it out in the Pacific. And as more boxes or their contents drift up on the shoreline, one would not be surprised to see the poor old master ending up in court for his decision making.

Cases like this bring back memories of the way in which blame invariably attaches to the people who are in the decision-making hot seat, while everyone in management who might have put him there escapes any retribution. “There is always some b….. who knows better than me, even though I have more than forty years at sea and nearly thirty in command” I recall an exasperated senior officer declaiming from the podium at a conference I once attended. He received a good round of applause, although I expect some blighter in the back of the hall was marking him down as a trouble-maker.

I can look back further to the words of one the best shipmasters I ever sailed with, who seemed unusually downcast as he drank his evening cocoa with me as he wrote up his night orders. Normally the very soul of cheerfulness, he said he had been reading an account of an inquiry into a collision in fog in which the master of one of the ships, who had lost his daughter in the crash, has subsequently been censured and had his certificate suspended. “Whatever you do, Mister, somebody is going to blame you, because hindsight is a wonderful thing”. In the same gloomy mood, he went on to say that if he was unfortunate enough ever to lose a ship, he would “make sure he went down in her”. He was a lovely chap, but while he never did have a serious accident, he did not enjoy his retirement for very long.

So, whatever the logbooks aboard the Zim containership might record, they will now be picked over to discover what better alternatives the master might have chosen, to keep his boxes safe aboard as the storm approached. Should he have sought some safe anchorage? But would the anchorage be indeed safe, with the amount of windage of a laden containership? And surely it is a very natural reaction, on a ship which was designed for ocean-going, and not a tiny  coaster, to stay well clear of a rocky coast, with plenty of sea room for manoeuvre. But whatever he did, it will inevitably be judged wrong, and there will be plenty of critics coming forward. The chances are he will get the blame if it is discovered that the lashing points might be a trifle worn on the 13 year old workhorse. Was the crew out checking the lashings, every minute of the passage? There will surely be plenty of scope for blame – there always is.

Sadly, in the media, in the general public and often in a lot of shore-side management, there is a lack of comprehension about what it is actually like to run big ships at sea. Sometimes you get the impression that they all believe a big ship handles with the precision of a small car, no matter what weather she might be in. I see the people investigating the burst pipeline that recently spilt oil on the Californian beaches are busy trawling through AIS records for the past year, to try and find some wretched shipmaster to blame.

I don’t know that was advertised as one of the primary uses of this device, when it first appeared, but dragging an anchor tends to be viewed as a potential crime, no matter how extreme the weather or what we used to call the “quality of the bottom”. It never occurs to anyone that those who fail to properly bury cables and pipelines sufficiently might have some small responsibility, if their vulnerability is exposed by an anchor or trawl. And while the needs of ships invariably seem to come well behind the demands of those positioning offshore rigs, wind turbines and the like, it wouldn’t hurt for them to be rather more “precautionary” in their approach.

But the ships are invariably in the wrong, possibly because they are manned by foreigners and fly funny flags. I am trying to avoid any reference to the great doom-laden enviro-fest in Glasgow, where the contribution of the world fleet “to global warming” will be under review. But I did note there was some reptile this morning complaining that the two big Baltic ferries moored in the Clyde for accommodation were disgracefully running their diesel generators, polluting the pristine air. Greta will not be amused.

Michael Grey is former editor of Lloyd’s List.


2. Emissions trading

The European Community Shipowners’ Association has published its policy with regard to an EU emissions trading system and is calling for a sector-dedicated fund to assist in handling the costs involved.

ECSA published its policy paper on the EU ETS proposal this month. The Association said European shipowners welcomed the increased climate ambition of the ‘Fit for 55’ package, recognising that the climate crisis is one of the greatest economic and environmental challenges to be faced.

“European shipowners firmly support a dedicated fund to be set up under the EU ETS to stabilise the carbon price. In addition, any revenues generated under the EU ETS should be used to financially support R&D projects and should contribute to lowering the price differential between cleaner and conventional fuels,” ECSA said in a statement. ECSA said the EU ETS proposal makes a reference   to the financing of the decarbonisation of the sector under the innovation fund, including through the carbon contracts for difference. However, there is no legally binding commitment in the articles of the proposal to earmark revenues for the shipping sector.

“Even though our first preference always is an international regulation for shipping at IMO level, the sector should contribute its fair share to address the climate crisis at EU level as well. ECSA advocates for a dedicated fund to be set up under the EU ETS to stabilise the carbon price, which is especially important for the many shipping SMEs. Importantly, generated revenues should support the uptake of clean fuels” said Claes Berglund, ECSA’s president.

ECSA supports the proper implementation of the ‘polluter pays’ principle and the pass-through of the costs of the EU ETS to the entity responsible for taking operational decisions, which affect the CO2 emissions of a ship. In this regard, ECSA welcomed the recognition of the role of the commercial operator in the recitals of the EU ETS proposal. Notwithstanding this clear political message, no binding requirements are introduced and the pass-through of the costs is left to the devices of the market instead.

“Applying the ‘polluter pays’ principle to shipping is critical for taking further efficiency measures and for the uptake of clean fuels in the sector. ECSA supports that the commercial operator should bear the costs of the EU ETS. The law should require the entity responsible for the decisions affecting the CO2 emissions of a ship to bear the costs arising from the implementation of the EU ETS in the context of a contractual agreement” said Sotiris Raptis, ECSA’s acting Secretary General.

European shipowners propose the introduction of a legally binding requirement in the articles of the EU ETS proposal. Such a requirement should provide for passing through the costs of the system from the shipping companies to the commercial operators in the context of a contractual agreement.

Read more about ECSA’s policy paper here and the summary here.

The Association’s framework conditions for an MBM for shipping are to be found here and the summary here.


3. Op costs

Vessel operating cost inflation has slowed this year as some Covid-19 related expenses unwound and high vessel earnings encouraged some owners to postpone non-essential maintenance work, but wider macroeconomic developments are raising inflationary risks as will decarbonisation initiatives, according to the latest Ship Operating Costs Annual Review and Forecast 2021/22 report published by global shipping consultancy Drewry.

Drewry estimates that average daily operating costs across the 47 different ship types and sizes covered in the report rose 0.7% in 2021, which represented a sharp slowdown from the increase of 4.4% recorded in 2020 when opex rose at its fastest pace in over a decade. This compared to increases of 2-2.5% in the two prior years and a net 8% decline in operating costs over 2015-17.
 


4. Good Catch

The American Club has recently launched an important new loss prevention initiative entitled Good Catch. As it gains increasing momentum, five safety advisories having been issued in the two months since the campaign was launched, Good Catch is aimed directly at seafarers themselves.  It combines alerts and animations on safety-related issues in a focused format. Good Catch is currently available for download in English and in both new and traditional Mandarin.

Good Catch recognizes that, although there may be differences in detail between individual safety management systems, they all have a common purpose in ensuring seafarers’ situational awareness and their personal responsibility for their own safety, that of their shipmates, the marine environment, and the many other interests involved in their service at sea. The initiative emphasizes the importance of a strong safety culture which identifies, assesses and reports unsafe conditions, unsafe acts and near misses using case study examples.

Elements of the campaign already released include: reduction of CO2 emissions; dangers of over reliance on ECDIS; engine room egress in case of fire and questionable risk assessments of various situations. A number more are planned over the coming months.

See details at https://www.american-club.com/page/good_catch

 



 
5. Law of the Sea Convention

An inquiry into the future of the United Nations  Law of the Sea Convention (UNCLOS) and its applicability in the 21st century has been launched by the UK House of Lords Select Committee on International Relations and Defence.

The post UK House of Lords Inquiry. Is the UN Convention on the Law of the Sea still fit for purpose? appeared first on Human Rights At Sea.

 


6. R&D investment needed

A massive scaling up of finance for research and development is essential to achieve zero carbon emissions by 2050, says a report by International Chamber of Shipping and global engineering, environmental and strategic consultancy Ricardo.

A Zero Emission Blueprint for Shipping outlines the urgent steps that will be required to completely transform shipping’s current dominant propulsion technology and fuels landscape in less than three decades.

To ensure shipping can achieve its ‘4th propulsion revolution’ the report highlights the need for a major scaling up of finance for technology and development in shipping. Latest figures from the International Energy Agency on Private Sector R&D in maritime reveals R&D spending has fallen from 2.7 billion USD in 2017 to 1.6 billion USD in 2019.

Launched ahead of COP26 and pivotal meetings at the International Maritime Organization, the report provides a blueprint for governments and industry to target their investment in innovation. Ricardo has identified a list of more than 260 example R&D projects needed to overcome key technical and systemic challenges and accelerate the transition to zero-carbon emissions in shipping. An estimated cost of $4.4bn would be needed to fund these projects.

Of the hundreds of projects, 20 example projects in hydrogen, ammonia and battery power have been presented in greater detail, serving as a potential blueprint for R&D projects to be commissioned in the future. The example projects were picked on the basis that they are ‘high priority’ and give the broadest coverage of zero carbon fuel and technology options available to the sector. Many of the projects identified will take between 1-6 years to reach commercialisation.
 


7. Biofouling

The Global Industry Alliance (GIA) for Marine Biosafety has presented the early findings of its new Report on the Impact of Ships’ Biofouling on Greenhouse Gas Emissions at COP 26. The findings will be revealed at the ‘Managing Biofouling – A Win-Win Solution to Help Curb Climate Change and Preserve Ocean Biodiversity’ event this week led by BIMCO, and in collaboration with the International Chamber of Shipping (ICS) and International Association of Oil and Gas Producers (IOGP).

Lilia Khodjet El Khil, IMO Project Technical Manager for GloFouling Partnerships says, “Stakeholders can take a number of complementary actions to reduce GHG emissions from shipping. Using alternative fuels or technology to curb emissions can help meet the 2050 targets for the industry, but reducing fuel consumption is a vital part of the equation. Biofouling management creates a smooth ship’s hull, and this will reduce friction and thereby reduce fuel consumption and associated GHG emissions. Biofouling management is an important part of the roadmap to a decarbonized future.”

There are multiple studies demonstrating the impact of biofouling on ship performance, but preliminary results demonstrate how the perceived impact of biofouling is likely to have been historically underestimated by industry leaders and policy makers. The GIA Report on Biofouling compiles the results of published literature and presents them in a consolidated manner – highlighting some truly revealing numbers. The Report also features newly developed research focused on analyzing the effect of currently available industry practices for biofouling management, such as the importance of selecting the most appropriate fouling control coating, hull cleaning, propeller polishing and the use of ultrasonic antifouling systems.

The report aims to highlight the importance of biofouling mitigation measures in the short to medium term: biofouling management may be used as a means of compliance with IMO carbon intensity requirements, while the development and deployment of other GHG reduction strategies based on new low-carbon and zero-carbon fuels or technologies come to fruition.

In addition to getting a preview of the report, attendees will also hear about the perspectives from key stakeholders who may benefit from a push to facilitate the deployment of innovative technological solutions to tackle biofouling, including representatives from the Small Island Developing State of Tonga, BIMCO, ICS and UNDP.

 


8. Longshore compensation

Our thanks to Carra Miller’s Miller’s Maritime Newsletter for the following information.

“The US Court of Appeals for the Eleventh Circuit has affirmed a district court’s grant of a defendant-vessel-owner’s motion for summary judgment in a Longshore and Harbor Workers Compensation Act section 905(b) case involving the death of a diver, who was killed when a crewmember activated a bow thruster. The plaintiffs alleged that the LHWCA’s narrow Scindia duties should not be controlling over the negligence cause of action, and that, rather, the broader general maritime law duty of reasonable care should apply. Specifically, the plaintiffs contended that the decedent was excepted from the LHWCA under section 902 because the vessel he was engaged to repair was a recreational vessel.

The vessel owner countered that the exclusion applies only when the employee is subject to coverage under a state workers’ compensation law, and that the plaintiffs failed to demonstrate coverage of the claim under state workers’ compensation law. The Eleventh Circuit held that the claim was governed by the LHWCA because the record below was devoid of any evidence or argument from the plaintiffs that the claim was covered by state workers’ compensation law. In re M/V HONEY, No. 20-11204, 2021 U.S. App. LEXIS 32400 (11th Cir. Oct. 29, 2021) (unpublished) (10/29/21)”

https://media.ca11.uscourts.gov/opinions/unpub/files/202011204.pdf
 


9. Container fire safety

The Standard Club has published an article written by David Townsend, principle fire investigator at Andrew Moore & Associates focused on the prevention and handling of fires, design of the container box or cargo transport unit (CTU) and changes in the use and construction of the CTU that will enhance fire safety. In recent years the maritime industry has seen an increase in the number and value of container ship related casualties. These claims are usually related to stack collapses, lost containers and fires on board. For many years the Standard Club has been advocating  an improved due diligence during the booking process to prevent misdeclared cargoes from being loaded on board ships.

More information on this can be found in the 2018 publication ‘Better Box Booking’.

Stack collapses and lost containers are a more recent development, and the club is involved in a number of industry working groups looking at the issue of securing arrangements on board ships. More news on this will follow once available.

To read the full story see https://www.standard-club.com/knowledge-news/container-ctu-fire-safety-time-for-change-3904/.

Other issues discussed on the Standard Club website include amendments to crew change rules in Singapore and requirements for ships travelling to Australia from high risk countries. See https://www.standard-club.com/knowledge-news/news-insights/results/.
 


10. Piracy threats

Gard P& I has warned of the threat of piracy to the lives and livelihoods of seafarers, quoting the latest set of figures of the ICC.

While reported incidents of piracy and armed robbery are down to their lowest level in decades, violence against crew remains high in many areas of the world. A Gard correspondent was recently called to attend onboard a ship where crew members had been severely beaten by robbers during a stay at the Conakry Anchorage, Guinea. The ICC International Maritime Bureau’s Piracy Reporting Centre (IMB PRC) latest global piracy report recorded 97 incidents of piracy and armed robbery for the first nine months of 2021.

This is the lowest level of reported incidents since 1994 and down from 132 incidents in the same period in 2020. Most notable are the reduction of incidents in the Gulf of Guinea. Compared to the same period in 2020, the region saw a 40% reduction of piracy and armed robbery incidents in the first nine months of 2021, a reduction that can primarily be attributed to improvements in Nigeria.

For the full story see https://www.gard.no/web/updates/content/32555323/modern-piracy-is-a-threat-to-the-lives-and-livelihoods-of-seafarers
 


11. Decarbonisation

As countries debate the issue of climate change at COP26 in Glasgow, Stephenson Harwood’s Haris Zografakis is guest writer on the issue on the Gard website. He suggests that a new contractual structure is needed in shipping to address the issue of greenhouse gas emissions reduction immediately rather than waiting for legislation.

See https://www.gard.no/web/updates/content/32513672/the-third-pillar-a-contractual-architecture-for-maritime-decarbonisation.
 


12.  Seafarers happiness

The latest Seafarers Happiness Index from The Mission to Seafarers highlights the long term repercussions if welfare standards don’t change. The report highlights happiness levels have increased overall to 6.59/10, from 5.99 in the previous reporting period, returning to the same levels seen pre-COVID in Q3 2019.

The survey, conducted with support from Wallem Group and the Standard Club, suggests that COVID-19 related strains on seafarers are beginning to ease, and support measures for seafarer welfare have now had a chance to take effect, yet challenges with shore leave and ship-shore connectivity remain.

Shore leave and extended contracts have been a huge challenge since the start of the pandemic. 5% of seafarers responding said that they have been away at sea for over a year and a further 13% of respondents have served at sea for over 9 months, with the remainder reporting less than 9 months – so far.

The challenges of balancing home life with the uncertainties of the crew change crisis have led to many who were tentatively considering a move ashore accelerating their career change plans. The report emphasises that many seafarers are not intending to return to sea once they eventually get home.

The issue of retention in an already stressed workforce is a major concern. There is likely to be a growing shortfall of seafarers in the coming years, with seemingly little or no coherent mechanism to manage the problems coming over the horizon. The seafaring experience and expertise that is potentially going to be lost should serve as a warning to all.

Ship-to-shore connectivity is a long-held contentious issue. The crews who either have no access or feel that it is poor quality, slow, patchy and expensive, are not happy. Many respondents see the issue of internet access as one of the most telling ways of assessing how a company feels about its crews.

The issue of the cost of online access came up repeatedly this quarter. One seafarer stated, “Our internet on board costs US$25 for 100MB”. That is the scale of how challenging the fee structures are for seafarers. Others bemoaned the size of their internet allocation, with one stating that owners gave them 250MB for the whole month’s consumption; potentially not even enough for one video call to their family.

This feedback raises stark concerns over the affordability and rationing of internet access on board, which is such a priority for so many seafarers from a welfare perspective. Owners and managers are encouraged to look again at the steps that could be taken to improve this.

Andrew Wright, Secretary-General of The Mission to Seafarers commented: “The issues relating to COVID-19 continue to impact seafarers, and are likely to for some time to come. That said, the data suggests that crew sentiment has stabilised, which is at face value good to see. However, it is too soon to say whether this is a start of positive change, or if seafarers are simply more resilient to the situation they are experiencing because of the pandemic – in other words, whether the strains they have been placed under for the past 21 months are a ‘new normal’.

“Seafarers have been through so much over the past two years. They have been key to world trade at a time of unparalleled risk and disruption, they have kept the lights and heat on, they have kept shop shelves stocked and they have allowed the world to edge towards recovery. We owe them all a huge debt of gratitude and enormous respect and recognition.

“We urge every shipowner, operator and manager to study this report, listen to their crew and act on what is needed to address their needs, whether that is the longstanding issue of crew changes or, as we see in this latest survey, the costs and constraints on internet access, which can be a lifeline for homesick seafarers.”

Read the latest Seafarers Happiness Index report
 


13. Carrier surcharge

The ports of Long Beach and Los Angeles are set to apply a surcharge to ocean carriers for import containers that remain on marine terminals. Under the new policy, in the case of containers scheduled to be moved by truck, ocean carriers will be charged for every container remaining nine days or more.

For containers moving by rail, ocean carriers will be charged if the container has remained for three days or more. From November 1, the ports are charging ocean carriers with cargo in those two categories $100 per container, progressively increasing $100   per container per day.  See https://polb.com/port-info/news-and-press/san-pedro-bay-ports-announce-new-measure-to-clear-cargo-10-25-2021/
 


14. DNV net zero pathway

North America and Europe must be carbon neutral by 2042 and then carbon negative thereafter, according to DNV’s pathway to net zero. The pathway also finds that Greater China must reduce emissions by 98% from 2019 levels by 2050.  There are regions that cannot realistically transition completely away from fossil fuels in the same timeframe, such as the Indian Subcontinent, which will reduce emissions by 64%. 

Pathway to Net Zero Emissions also lays out the pace at which different industry sectors need to decarbonize.  The so-called hard-to-abate sectors will take longer to decarbonize and even if sectors like maritime (-90% CO2 emissions in 2050) and iron and steel production (-82%) scale up the introduction of greener technologies, they will still be net emitters by 2050. Whilst the DNV Energy Transition Outlook forecasts the most likely energy future through to 2050, the Pathway to Net Zero Emissions offers a feasible way to limit global warming to 1.5°C.  The report claims to be the only one that starts from the point of where we most likely will be in 2050 and then seeks to close this gap.

“Zero is not enough. That is because, try as they might, many developing nations and hard-to-abate sectors will not be able to achieve zero emissions by 2050 – the critical threshold for the world to stay within 1.5°C of warming,” said Remi Eriksen, group president and chief executive of DNV. “Developed nations, leading companies and easy-to-electrify sectors are therefore going to have to go below zero before 2050.”

The primary energy mix laid out in the net zero report is radically different from the current trajectory.  Electricity meets just above half (51%) of the energy demand with wind and solar supplying 86% of electricity.  Hydrogen, which is vital to decarbonize the hard-to-abate sectors, has a 13% share.  Fossil fuels will still be required by countries and industries that are unable to decarbonize completely by 2050.  21% of the energy mix is derived from fossil fuels (8% oil, 10% natural gas and 3% coal), although there will be no need for new oil and gas fields after 2028 in this pathway.  Carbon capture and removal technologies are a must according to the net zero report to remove the final 20% of emissions.  Nuclear does not feature prominently because it is too costly compared to renewable energy.
 
Time is the key restraint to realizing the Pathway to Net Zero Emissions, rather than money. Even with very large investments required, particularly in the short term, (cumulatively USD 55trn in renewables and USD 35trn in grids over 30 years) the sum of additional costs of reaching 1.5°C amounts to less than 1% of global GDP in 2050, according to the report.

 


15. Below the waterline

What happens below the waterline is being ignored as a prime lever in shipping’s drive to decarbonise according to towage operator Svitzer. The fuel consumption differential between a clean, smooth hull and a one with significant degradation can be as high as 8% – making hull performance central to achieving decarbonisation goals, the company said.

Svitzer has highlighted the need for the shipping industry to prioritise hull performance and standardisation in hull management practices in its drive to decarbonise. Recently, the company has established a new Hull Performance Services business unit, Svitzer HPS, to support its customers to increase operational efficiency and reduce their environmental footprints.
 
While shipping companies invest millions of dollars in engine technology and real-time performance monitoring, focus on holistic hull performance is arguably being lost, Svitzer argues. The company also posits that while the industry is spending hundreds of thousands of dollars on hull coatings to both drive down its operational expenditure whilst also maintaining environmental, social & governance (ESG) goals, it might not be tackling the root causes of performance degradation below the waterline.  
 
There is a poor understanding of the immediate impact that good hull performance can have on fuel consumption and emissions, Svitzer said, particularly compared to its relative simplicity and cost-effectiveness.  
 


16. Supply chain security

TT Club says it remains dedicated to heightening awareness of the risks to security in the supply chain.  It has launched a series of brief informative and instructive animations to highlight specific vulnerabilities.

A total of seven animations simply and clearly illustrate in graphic form a variety of theft techniques from driver attacks, false authority personnel and inadequate perimeter fencing to theft from moving vehicles.  They are intended to alert all operatives throughout the supply chain no matter their function, location or level of experience.
 
Supply chain security is a vital consideration for all actors in the global supply chain, regardless of where they are operating or the  nature of their contractual obligations,” comments TT Club’s managing director of loss prevention, Mike Yarwood. “Cargo loss through theft or criminal damage has always been a concern but the current stresses and strains on supply chains across the world make security an even higher priority for operators and cargo owners alike.  Such conditions as cargo congestion, delays, longer dwell times and shortage of secure storage facilities all mean the opportunities for criminals increase.  Alterations to well established transport procedures or ‘work arounds’ also bring heightened risk.”
 


Notices & Miscellany

OCIMF appointment
Karen Davis from US-based global oil and gas company ConocoPhillips will succeed Rob Drysdale as managing director of the Oil Companies International Marine Forum (OCIMF). Davis will join the organisation on a three-year secondment from December 2021.
 
Davis is currently seconded to Qatargas Operating Company Limited as a Senior Advisor in the North Field Expansion Project and is a member of the Marine Risk Quality and Projects team. Davis has been in the role since 2019 during which time she has been dedicated to improving the level of marine safety success by promoting best operating practices and working with internal teams and vessel operators. No stranger to OCIMF, Davis served on the organisation’s Executive Committee from 2016 to 2019. 

On demand guarantees
Issue 754 of the Maritime Advocate dated 19 June 2020 featured Watson Farley & Williams’ briefing article “Making Demands of Parents – Interpreting See-to-it and on-demand guarantees” (https://www.wfw.com/articles/making-demands-of-parents-interpreting-see-to-it-and-on-demand-guarantees), which reported on the first instance decision in the English court case of Shipyard Co. Ltd. v Reignwood International Investment (Group) Company Limited & Ors [2020] EWHC 803 (Comm).  The Court of Appeal has now reversed this decision and WFW has prepared an update article as follows: https://www.wfw.com/articles/interpreting-see-to-it-and-on-demand-guarantees/
 
In summary, the Court of Appeal’s decision in this case gives primacy to the wording of the guarantee itself to determine whether it is a see-to-it or on-demand guarantee.  As such, the decision moves away from reliance on Paget’s presumption that guarantees issued outside of a banking context will be construed as see-to-it guarantees.  The judgment also recognises the value of on-demand guarantees in the context of shipbuilding, where cashflow is often the “lifeblood of the business”. In light of this decision, parties should give careful consideration to the wording of their documents to ensure that their intentions are effectively reflected and can be enforced in future.
 
Anchor issues
From 2019 to 2020, anchor losses and damages increased by more than 20%. What’s going wrong and why? More importantly, what can we do to minimize or prevent these incidents? This joint webinar from DNV, Gard and The Swedish Club will focus on how to reduce or prevent incidents leading to damages or loss of anchoring equipment.

Sign up now and block your calendar for the preferred time on 17 November.

STCW amendments
The UK Maritime and Coastguard Agency has published its consultation report regarding proposed amendments to the Merchant Shipping (Standards of Training, Certification and Watchkeeping) Regulations 2021. Following the report’s release, the proposed amendments will be finalized and enacted in January 2022. https://www.gov.uk/government/consultations/proposed-amendments-to-the-merchant-shipping-stcw-regulations-2021#history

London arbitration
Those interested in catching up with arbitration issues and how London maritime arbitration is perceived by its users can find links to the London Shipping Law Centre’s arbitration round table debate which took place in September.
 
The overarching theme was about party autonomy, the interplay between party autonomy and arbitral autonomy, and who is in control of the process.  For those who missed the presentations, see the links below.

Should you wish to view Part 1 London Maritime Arbitration – costs and time are the thorny issues for users – Who is in control? Please click on this link: https://youtu.be/fOJg3Ou0Rb8
 
Should you wish to view Part 2 – Reality Testing in London Arbitration – does the system serve the needs of users? Please click on this link: https://youtu.be/yTAM9IiWUlM
 
Copies of the Lecture Notes from these events are attached below:

Arbitration RoundTable Debate – Part 1- London Maritime Arbitration – costs and time are the thorny issues for users – Who is in control?

Arbitration RoundTable Debate – Part 2 – Reality Testing in London Arbitration – does the system serve the needs of users?

Unsung heroes
The Australia and New Zealand Branch of the Institute of Chartered Shipbrokers (ICS-ANZ) holds frequent Online webinars and Tutorials on topical issues of concern to the maritime industry and, in some cases, to a wider, global audience.
On 18 November 2021 at 0800 UTC/GMT, the issue will be Unsung Heroes of the Covid Pandemic – Ships’ Crews – Key Workers.
https://us02web.zoom.us/meeting/register/tZUvf-ihrjsiE9bTwt_SmXKDUyL4kC4OiWmj

Developing maritime leaders of the future
Spinnaker’s Maritime Leadership Development Programme is coming in December 2021.
The core focus of this programme is to build and improve leadership and management capabilities, energise and engage employees, and develop high performing teams.
 
The programme provides a range of different leadership approaches, as one size does not fit all.
It is delivered over a 4-6 month period, which includes:

• Personality profiling (Facet5) with one to one feedback
• Online workshops
• Group and 1 to 1 coaching sessions
 
Find out more on the website, or alternatively contact Helen McCaughran by email, or call the office on +44 (0)1702 481 643.

Crew change in Singapore
The Maritime and Port Authority of Singapore has issued updated requirements for crew changes within the Port of Singapore and COVID-19 vaccination application procedures. 

https://www.mpa.gov.sg/web/portal/home/port-of-singapore/circulars-and-notices/detail/6888e4b7-e9e3-4ee7-90a2-736568d33b7b

MRV webinar
The UK Chamber of Shipping will be hosting a virtual webinar and panel discussion on the UK Monitoring, Recording and Verification (MRV) regime on 18 November to give insight into the legislative changes happening from 1 January 2022. The webinar will explore the changes which will occur to ensure there is compliance with the UK MRV regime. 
Book your place
 

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

 


And finally,

With thanks to Paul Dixon

A first grade teacher collected well known proverbs. She gave each child in her class the first half of a proverb and asked them to come up with the remainder of the proverb. Their insight may surprise you.

Better to be safe than………………..punch a 5th grader.
Strike while the……………………..bug is close.
It’s always darkest before…………… Daylight Saving Time.
Never underestimate the power of……….termites.
You can lead a horse to water but………how?
Don’t bite the hand that…………….. looks dirty.
No news is…………………………..impossible.
A miss is as good as a………………..Mr.
You can’t teach an old dog new…………math.
If you lie down with dogs, you’ll………stink in the morning.
Love all, trust………………………me.
The pen is mightier than the…………..pig.
An idle mind is………………………the best way to relax.
Where there’s smoke there’s……………pollution.
Happy the bride who…………………..gets all the presents.
A penny saved is……………………..not much.
Two’s company, three’s………………..the Musketeers.
Don’t put off till tomorrow what……….you put on to go to bed.
Laugh and the whole world laughs with you, cry and…….you have to blow your nose.
Children should be seen and not………..spanked or grounded.
If at first you don’t succeed………….get new batteries.
You get out of something what you………see pictured on the box.
When the blind leadeth the blind……….get out of the way.
And the favourite…Better late than…….pregnant.
 


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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.