The Maritime Advocate online–Issue 634

Posted:

1.Risk and Responsibility: Who’s on the Hook for Poor
Loading and Discharge?
2. Enhanced Court Fees for Money Claims–An Own Goal for the System?
3. Mediating Superyacht Claims
4. Construction of Commercial Contracts–Literal Terms Mean what they
Say
5. Sword Fish Dispute
6. People and Places


Job Vacancies

W.A.M. COMPANY LIMITED
Bahamian Surveying Firm in Freeport, Bahamas is seeking competent professional
individuals to join its team as a Marine Surveyor.

Individual must possess, but not limited to the following:-

* Mature Individual preferably between 35 and 60 years of age
* Possess an unlimited or unrestricted Certificate as Master, under
STCW Reg 11/2 or 111/2
* At least 10 years sea-going experience (international preferred)
* Internationally recognised degree or certificate in Marine Surveying,
Masters Unlimited
* Knowledge of Cargo Surveys, Draft Survey, On/Off – Hire Surveys, Compass
Adjustment, Stability Surveys.
* Familiarity with P & I Requirements, Marine Surveying Reports
and Formats of other international maritime organisation reporting standards.
* Familiar with International Maritime Organisation codes and standards
and procedures/ International Shipping regulations
* ISO Certified or similar Quality Standards certification
* Must have experience in performing surveys on commercial, pleasure
and fishing vessels of various sizes
* Must have knowledge and inspection competency in various vessel types
* Must have experience performing the Caribbean Cargo Ship Safety Code
inspections
* Marine Salvage and Tow experience a plus
* Broad knowledge of large variety of vessels and equipment
* Computer Literate (as will be responsible for producing reports and
maintaining international clientele assignments)
* Communicate efficiently and effectively in English
* Self –Starter, managerial skills, with hands-on attitude.
* Must be able to train and supervise Junior Surveying Staff.
———
W.A.M. COMPANY LIMITED
Marine Surveying Firm in Freeport, Bahamas is seeking competent professional
individual to join its team as a Marine Engineer Surveyor.

Individual must possess, but not limited to the following:-

* Mature Individual preferably between 30 and 55 years of age
* At least three years’ experience as chief or second engineer
on ocean going ships, under STCW Reg 11/2 or 111/2
I* nternational recognised degree or certification in marine engineering
* Must be able to conduct Hull & Machinery, Condition and Evaluation
Surveys and other Technical Investigation and Surveys on large variety
of vessels.
* Familiarity with P & I Requirements, Marine Insurance Reports
and Formats, other international maritime organisation reporting standards.
* Familiar with International Maritime Organisation codes and standards
and procedures/ International Shipping regulations
* Must have experience with leading Classification Societies
* ISO Certified or similar Quality Standards certification
* Must have experience in performing surveys on commercial and fishing
vessels of various sizes
* Must have experience performing the Caribbean Cargo Ship Safety Code
inspections
* Marine Salvage and Tow experience a plus
* Broad knowledge of large variety of vessels and equipment
* Computer Literate (as will be responsible for producing reports and
maintaining international clientele)
* Communicate efficiently and effectively in English and able to train
junior marine staff
* Self –Starter, managerial skills, with hands-on attitude.

W.A.M. COMPANY LIMITED is an international marine surveying and consulting
firm based in the Bahamas. We invite you to visit our website:-

http://www.westatlanticmarine.net

CARICOM Nationals welcome and encouraged to apply.

All Interested professionals please direct CV to the Recruitment Committee:
Attn Chairman

DMG INTERNATIONAL MARINE SERVICES AGENCY
DMG MARINE CENTER
#12 SHELLEY STREET, QUEENS HIGHWAY
P.O. BOX F-41848 ~ FREEPORT, Grand Bahama ISLAND ~ BAHAMAS
(Tel) 242-352-8371/ (Fax) 242-352-9014
W.A.M. COMPANY, LTD
MARINE MANAGEMENT, SURVEYORS, SERVICES & CONSULTANCY

wamco@batelnet.bs

dmgintladmin@coralwave.com

http://www.westatlanticmarine.net

Deadline for all Applications is July 31st, 2015

STARTING COMPENSATION IS TO BE NEGOTIATED BASED ON EXPERIENCE &
SKILLS


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1. Risk and Responsibility: Who’s on the Hook
for Poor Loading and Discharge?

The latest edition of the Ince & Co Shipping E-Brief
contains a note by Daniel Jones on Societe de Distribution de Toutes
Merchandises en Cote D’Ivoire trading as “SDTM-CI” and
others v. Continental Lines N.V. and another (Sea Miror) [2015] EWHC
1747 (Comm) in which the Commercial Court considered a preliminary issue
of contractual interpretation and ruled emphatically on the responsibility
for loading and discharge in the standard Synacomex 90 Form.

The background facts

Judgment has recently been handed down on a preliminary issue in a
dispute between various claimant cargo interests (“the Cargo Interests”)
and the carrier (“the Carrier”) over responsibility for the
loading, stowage and discharging of nearly half a million bags of rice
(“the Cargo”), which were carried in two consignments from
Karachi, Pakistan, to Abidjan in the Ivory Coast. The Cargo was carried
on board the SEA MIROR (“the Vessel”) pursuant to bills of
lading which contained and/or evidenced contracts of carriage incorporating
the Hague Rules and some of the terms of a Booking Note dated 15 March
2012 between the Carrier and Louis Dreyfus Commodities Limited. That
Booking Note, in turn, incorporated, in so far as was relevant, the
terms of a previous voyage charterparty on the Synacomex 90 Form.

The Receivers brought claims in respect of alleged loss and damage
arising from:

wet and mouldy bags;
bags allegedly being torn during loading and/or carriage and/or discharge;
and
alleged short delivery.
By the consent of the parties, the Court was asked to decide on the
following preliminary issue:

”Whether on the proper construction of the contract of carriage
contained in or evidenced by the bill of lading dated 7 April 2012 the
First Defendant is liable for loss or damage to the cargo caused by
improper loading, stowage or discharging of the cargo.”

Read the full note here:-

http://tinyurl.com/inceonthehook


2. Enhanced Court Fees for Money Claims–An Own Goal for the System?

Sarah Longden of Stone Chambers writes:-

One of the final measures passed by the Coalition government in its
last weeks was enhanced court fees for money claims. This has meant
a 5% issue fee on claims worth between £10,000 and £200,000
capped at £10,000. For businesses involved in commercial litigation,
£200,000 is by no means an unusual amount of money to claim.

Ravi Aswani has written an article discussing the issue and suggesting
that the thirst for revenue of the modern UK government may not be helping
the country to attract international dispute resultion to these shores
much at all.

http://tinyurl.com/StChbrsFees


3. Mediating Superyacht Claims

Mediation is a fast flexible and inexpensive way of resolving disputes.
The article below appears in Arabic in the 1st July 2015 edition of
The World of Yachts and Boats whose website is at:-

http://theworldofyachts.com/

An English version of the article can be found on the Ross and Co Solicitors
LLP website at:-

http://www.finnross.com/Mediation%20Final%20Version.pdf


4. Construction of Commercial Contracts–Literal Terms Mean what
they Say

Michael J Davar of Squire Patton Boggs has drafted an article, which
he thinks will be very relevant to the shipping industry. The article
is an analysis of a recent Supreme Court Judgement, which provides clarification
(and potentially reduces the impact) from the Rainy Sky decision.

Read the note in full here:-

https://www.scribd.com/doc/272494864/Michael-Davar


5. Sword Fish Dispute

Derek Luxford from Hickson’s in Sydney writes:-

I thought your Readers might be interested in an article I wrote for
yesterday’s local Lloyd’s List Australia on a recent English case Carlos
Soto Sau v. AP Moeller-Maersk involving bills of lading and letters
of credit where our law is similar. It arose from a contaminated cargo
of frozen swordfish from Indonesia to Spain.

http://www.hicksons.com.au/derek-luxfords-article-featured-in-lloyds-list-australia-july-2016.html

[Derek has attached a scan of a paper Lloyds List still appearing in
Australia and seemingly thriving on it–ed]


6. People and Places

Shipowners Claims Bureau, Inc., which manages international P&I
insurer the American Club, has recently announced new appointments and
promotions at its offices in Greece, the United Kingdom and China:

* Dorothea Ioannou, Managing Director of SCB (Hellas) Inc., assumes
the role of Global Business Development Director, the first woman in
the American Club’s history to do so

* Joanna Koukouli promoted to Claims Manager for the Club’s Piraeus
office

* Marivi Banou appointed as Deputy Claims Manager in Piraeus

* Maria Mavroudi joins the Piraeus office as Business Development and
Claims Executive

* Gustavo Gomez promoted to Claims Liaison Manager in London

* Katherine (Kat) Wang joins as Marketing Manager for Greater China
and North Asia

———-

London International Shipping Week (LISW) has announced that HRH Princess
Royal has agreed to be Patron for LISW in 2015. LISW will take place
from September 7th to 11th, 2015

http://www.londoninternationalshippingweek.com


From the Avo Archive

The website of this newsletter contains all the editorial material
since the inception of the Maritime Advocate as a print based quarterly
in 1997 under the founding aegis of John Guy, Chris Hewer and Manfred
Arnold. Readers can go to the site and search the database on the home
page in its entirety. If you are looking for an old case, an old controversy
or you would just like to see how many times you and your firm have
featured in our annals feel free to access the archive. It is like this
e-zine, free to Readers and we always appreciate the support of advertisers
and sponsors.

Looking across the archive for references to Superyachts we came across
this timely article which appeared in Issue 574 on July 30th, 2013.

GPS Spoofed and Subordinated by Texans

Our IT correspondent Peter Marshall writes:-

It’s a story almost as implausible as the idea that Elliot Carver could
make his yacht invisible to all and sundry in Tomorrow Never Dies, but
it appears that students from the University of Texas really were able
to redirect the course of an $80 million superyacht by using some $2000
worth of sneaky kit in a briefcase sized box they carried onboard themselves.
By broadcasting counterfeit GPS signals from this device, they were
able to override the true signals, to fool the ship’s onboard nav kit
to think it was off track and therefore alter course– all without raising
any alarm. Obviously it only had an effect because the ship was on autopilot,
and it would rely on the ship’s crew not noticing that there was something
amiss, but even so, it’s only a small step we imagine from this to some
super villain taking control of all ships around the world from their
volcano lair!! Now, where did I put that white cat?

The full story is here:-

http://tinyurl.com/jwvzyu5

http://www.avoarchive.com/searchBI.php


Used To Sharing Everything

He ordered only one hamburger, only one order of French fries and only
one drink. The old man unwrapped the plain hamburger, carefully cut
it in half, and placed one half in front of his wife.

He then carefully counted out the French fries, dividing them into
two piles and neatly placed one pile in front of his wife. Then he put
the drink cup on the table, exactly half-way between him and his wife.

As he began to eat his few bites of hamburger, the people around them
kept looking over and whispering. You could tell they were thinking,
“That poor old couple — all they can afford is one meal for the
two of them.”

As the man began to eat his fries a young man came to the table. He
politely offered to buy another meal for the old couple. The old man
said they were just fine — “We are used to sharing everything,”
he said simply.

The surrounding people noticed the little old lady hadn’t eaten a bite.
She sat there watching her husband eat.

Again the young man came over and begged them to let him buy another
meal for them. This time it was the old woman who said, “No, thank
you, we are used to sharing everything.”

As the old man finished and was wiping his face neatly with the napkin,
the young man yet again came over to the little old lady who had yet
to eat a single bite of food and asked, “OK, but what is it you
are waiting for?”

She paused a bit before she answered, as if it were quite obvious,
“the teeth!”

[Source: JumboJoke.Com]


Analogies and Metaphors Found in High School Essays

– John and Mary had never met. They were like two hummingbirds who
had also never met.

– He fell for her like his heart was a mob informant and she was the
East River.

– Even in his last years, grandpappy had a mind like a steel trap,
only one that had been left out so long, it had rusted shut.

– Shots rang out, as shots are wont to do.

– The plan was simple, like my brother-in-law Phil. But unlike Phil,
this plan just might work.

– The young fighter had a hungry look, the kind you get from not eating
for a while.

– He was as lame as a duck. Not the metaphorical lame duck, either,
but a real duck that was actually lame. Maybe from stepping on a landmine
or something.

– The Ballerina rose gracefully en pointe and extended one slender
leg behind her, like a dog at a fire hydrant.

– It was an American tradition, like fathers chasing kids with power
tools.

– He was deeply in love. When she spoke, he thought he heard bells,
as if she were a garbage truck backing up.

– Her eyes were like limpid pools, only they had forgotten to put in
any pH cleanser.

– She walked into my office like a centipede with 98 missing legs.

– Her voice had that tense grating quality, like a generation thermal
paper fax machine that needed a band tightening.

– It hurt the way your tongue hurts after you accidentally staple it
to the wall.

[Source: Paul Dixon]


Thanks for Reading the Maritime Advocate online

Maritime Advocate Online is a weekly digest of news and views on the
maritime industries, with particular reference to legal issues and dispute
resolution. It is published to over 15 500 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 45 000 Readers in over 120 countries.