The Maritime Advocate–Issue 735



1. The Obligation to Proceed with Utmost Dispatch
2 .Electric Ferries
3. Report on Marine Casualties and Incidents
4. Cargo Theft Report
5. The Inspection Paradox
6. People and Places


FOB Network News

Searching for Group Sponsors

Some FOB Groups already have sponsors – for example JLT (P&I), Bloomfield Law (West Africa Maritime), Chalos (Criminalisation). the Publishers are also looking for sponsors for existing Groups for example Hull & Machinery, Salvage, Piracy, Maritime Singapore/Cyprus/Norway, Superyachts, Surveyors and Major Casualty Investigation.

In addition there is plenty of scope for possible new Groups such as War Risks, Multi-Modal Insurance, Energy Insurance and many geographical areas eg Maritime New Zealand/Germany to name but a few.

1. Please join FOB, and

2. Let us know if you would like a quote for sponsoring a Group


Situation Vacant

Marine Surveyors, Consultants, General Marine Services & Project Management
DMG Marine Centre: #12 Shelley Street: P.O. Box F-41848: Freeport: Grand Bahama Island: Bahamas
(Tel) 242-352-8371: (Fax) 242-352-9014

Bahamian Surveying Firm in Freeport, Bahamas is seeking a competent professional individual 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 (physically and mentally fit)
” Possess an unlimited or unrestricted Certificate as Master
” At least 10 years’ sea-going experience (international)
” 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 be able to conduct Draft Surveys and Compass adjustments manually and electronically.
” 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.

W.A.M. COMPANY LIMITED is an international marine surveying and consultant firm based in the Bahamas. We invite you to visit our Face book Page: West Atlantic Marine Surveyors and Consultants. CARICOM Nationals welcome and encouraged to apply.

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

P.O. BOX F-41848 ~ FREEPORT, Grand Bahama ISLAND ~ BAHAMAS
(Tel) 242-352-8371/ 242-602-6675

Deadline for all Applications is November 30th, 2018


1. The Obligation to Proceed with Utmost Dispatch

David Bennet, Harriet Defreyne Kelk, Andrew Rourke and Eleanor Coates of Clyde & Co have written a note on CSSA Chartering and Shipping Services SA v Mitsui O.S.K Lines Ltd – The Pacific Voyager [2018] 1 Lloyd’s Rep. 57:-

For some time the question of whether the Monroe v Ryan [1935] 2 KB 28 authorities apply when there is neither a loadport Expected Ready to Load Date (“ERTL”), nor Estimated Time of Arrival date (“ETA”), has been open. The question of course touches upon the allocation of risk before a vessel enters into its chartered service, particularly where Owners have agreed to take on, or are already engaged in, a preceding fixture.

The Court of Appeal has affirmed that the duty arises even without the ETRL/ETA, and the Parties should look to the full terms of the Charter to determine what the reasonable expectations for the time of commencing the approach voyage is. Here, that involved considering the itinerary stated, assessing a reasonable time for discharge at the discharge port of the preceding voyage and thereby finding the date when “reasonably” the Owner should commence the approach voyage.

Read the note in full here:-


2. Electric Ferries

ForSea (formerly HH Ferries Group) have sent us word of their conversion of the world’s largest battery ferries, the Tycho Brahe and Aurora

The ships were converted from conventional diesel engine operations to battery power at Öresund Dry Docks, as part of ForSea’s strategy to reduce the environmental footprint along the 4km route between Sweden and Denmark. The vessels operate on a high intensity ferry route that transfers over 7.4 million passengers and 1.9 million vehicles between urban port terminals in Denmark and Sweden.

The conversion of these over 100-meter ferries, both built in 1991, required installation of a 4160 kWh battery on each vessel, as well as battery racks, energy storage control systems and ABB’s Onboard DC Gridℱ power distribution technology.

The project was supported by INEA, the European Union’s executive agency for innovation and network.

The company also sent us some visual links:-

Aurora electric ferry:-

Aurora at sea:-

Battery power on board Tycho Brache:-

Shore charging station:-


3. Report on Marine Casualties and Incidents

The Europen Maritime Safety Agency (EMSA) has published its Annual Overview of Marine Casualties and Incidents which it says “consists in a high-level analysis of accidents reported by the EU Member States in European Marine Casualty Information Platform (EMCIP)”. The Report is 175 pages long. It should enjoy quite a following amongst our Readers. Both links below should lead to the document.


4. Cargo Theft Report

Peter Owen has passed us a copy of the new report issued by BSI Supply Chain Services and Solutions and the TT Club called the 2018 Semi-Annual Global Cargo Theft Intelligence and Advisory Report.

The report describes the severe impact which cargo theft has on global supply chains. As highlighted in the report, the Food and Beverage sector suffers from the highest rates of cargo crime across the globe, accounting for 27 percent of all incidents; whilst Consumer Products and Hi-Tech Electronics industries suffer high rates of cargo theft as well. Transport by road is the most often targeted mode for cargo crime across the globe, attributed to over 75% of all cargo theft incidents, with warehousing being the second most vulnerable target 19 percent.

The report highlights trends in the following cargo disruption-related topics, including:

– Regional Breakdown
– Countries of concern
– Tactics and Trends

o Targeted modes
o Targeted Commodities
o Top Locations of Thefts
o Prevalence of hijackings

– Incident Highlight and Analysis article

To download the full report:-


5. The Inspection Paradox

Courtesy of the Browser we learned of this paradox described by Allen Downey in his Probably Overthinking it blog:-

Here is the prospectus:-

“Airlines complain that they are losing money because so many flights are nearly empty. Passengers complain that flying is miserable because planes are too full. They could both be right. When a flight is nearly empty, only a few passengers enjoy the extra space. When a flight is full, many passengers feel the crunch. Once you notice the inspection paradox, you see it everywhere. Does it seem like you can never get a taxi when you need one? [Especially in Singapore?–ed]. When there is a surplus of taxis, only a few customers enjoy it. When there is a shortage, many people feel the pain.”


6. People and Places

Miami maritime attorney Michelle Otero Valdés has appeared in a recent article describing the exquisite glass ceiling for women in maritime law before the age of enlightenment which we enjoy:-

[Source: Manny Valdés]


Kierstin M Lachtman is to take over as General Secretary of the Liberian Shipowners’ Council Ltd (LSC) in February 2019 from Joseph E Ludwiczak, who is retiring after 17 years in charge.

Kierstin, who will operate from the LSC offices in Dulles, Virginia, is currently Manager, Maritime Policy for Cruise Lines International Association (CLIA) in Washington DC. There, her responsibilities include developing maritime policy in concert with shipowner members, determining and co-ordinating shipping industry positions on safety, environmental, operational, and regulatory issues and advocating members’ positions at regulatory and industry fora, including IMO.


DelRosarioLaw in Manila has welcomed Ruben Jose G. Del Rosario Jr., as a Junior Associate of the firm. He is a 2011 Bachelor of Science in Management, Major in Legal Management graduate of Ateneo de Manila and a 2017 Bachelor of Laws graduate of San Beda College – Alabang.


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.

Work is underway to lodge the Archive within a new site for this publication.


Incorrect Joke

This joke, taken from Paul Dixon’s Joke-of-the- Day blog is so wrong on so many fronts it cries out for suppression. All the same, it is funny…

n 1875 a Danish couple converted to become Mormons and moved to Cache Valley Utah. They set up a farm in Rural Providence, Utah, and were self sufficient for a couple of years. By the third year, the husband decided to take a second wife, as Mormons of the time did. His wife was not too keen on the idea, so he convinced a Swedish neighbour to help in a plan to convince her.

“Let us go to the barn, and pray for guidance on this major decision”, said the husband. Whatever God tells us, that’s what we’ll do”.

They went to the barn, got on their knees, and old farmer Madsen started with the usual openings to Mormon prayers. After a few minutes of this, he posed the question: “heavenly father, should I take another wife?”

Farmer Olson was in the rafters, as previously arranged, and in the most booming, deep voice he could muster, said, “Brother Madsen, I command thee to take another wife”. After a moment, farmer Madsen looked over to his wife, and saw that she was sobbing uncontrollably. He put his arm around her, and said, “There there, a second wife will be an addition to the family, but she will never be a replacement for you. I’ll still love you just as much.”

Mrs. Madsen said, “I have no problem with you taking a second wife, I’ve been resigned to that for a year now. But in my worst nightmare, I NEVER imagined that God was a Swede!”


Bread Dangers

1. More than 98 percent of convicted felons are bread users.

2. Fully HALF of all children who grow up in bread-consuming households score below average on standardized tests.

3. In the 18th century, when virtually all bread was baked in the home, the average life expectancy was less than 50 years; infant mortality rates were unacceptably high; many women died in childbirth; and diseases such as typhoid, yellow fever, and influenza ravaged whole nations.

4. More than 90 percent of violent crimes are committed within 24 hours of eating bread.

5. Bread has been proven to be addictive. Subjects deprived of bread and given only water to eat, begged for bread after as little as two days.

6. Bread is often a “gateway” food item, leading the user to “harder” items such as butter, jam, peanut butter, and even cream cheese.

7. Bread has been proven to absorb water. Since the human body is more than 90 percent water, it follows that eating bread could lead to your body being taken over by this absorptive food product, turning you into a soggy, gooey, bread-pudding person.

8. Newborn babies can choke on bread.

9. Bread is baked at temperatures as high as 450 degrees Fahrenheit! That kind of heat can kill an adult in less than two minutes.

10. Many bread eaters are utterly unable to distinguish between significant scientific fact and meaningless statistical babbling.

Note: Bagel holes seem to be relatively safe…and inexpensive, too.


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 21 000 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.