The Maritime Advocate–Issue 744


1. General Average
2. Global Maritime Issues Survey
3. Feds Give Carnival Cruise Lines Another Wigging
4. Telematics Device Data Merge
5. Space Road Not Taken
6. People and Places


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1. General Average

Mike Ryan has sent in a copy of the Spring Edition of the Cargo Newsletter published by the USMLA’s Committee on Carriage of Goods and edited by him. He writes:-

On May 18, 2011, the CMA CGM LIBRA, while leaving the Port of Xiamen, China, ran aground. The vessel and her cargo were salvaged at a cost of some $9.5 million. The owner declared General Average, and the General Average claim against cargo interests was some $13 million.

Ninety-two (92%) percent of the cargo interests paid their contribution to GA, but some 8% refused to do so. The sum payable by those interests was approximately $800,000. Owners brought suit and after some 6 days of hearings and further written submissions, Mr. Justice Teare rendered a detailed decision on March 8, 2019 (comprising some 129 paragraphs). It covers the issues of unseaworthiness, due diligence, negligent navigation, and causation.

Mr. Justice Teare found for the claimants.

Although navigation by the master outside the marked channel was found to be negligent navigation, the Judge found preparation of the voyage plan failed to properly show information concerning marked/unmarked shoals. The lack of a proper voyage plan evidenced a lack of due diligence to make the vessel seaworthy before the vessel sailed and was causative of the grounding.

[The Editors urge the Reader to study the full decision of Mr. Justice Teare which sets forth in some detail the points of various evidence presented to him and his evaluation of such. Also note the first line of the decision states the grounding occurred on “May 17”. The grounding occurred on May 18.]

ALIZE 1954 and CMA CGM SA vs. Allianz ElemenntarVersicherungs and Others; High Court of Justice (Admiralty Court); [2019] EWHC 481 (Admlty); Decision of Mr. Justice Teare dated March 8, 2019.


2. Global Maritime Issues Survey

Marcus Baker, the Global Head of Marine and Cargo for Marsh JLT Specialty writes:-

I would likle to invite your Reders to participate in the Global Maritime Issues Survey, the primary data collection method for the Global Maritime Issues Monitor, which is to be published in October 2019.

The survey has been designed to gather insight on a broad range of issues, and their impacts on the maritime industry as perceived by maritime leaders. It begins by examining global maritime issues on a variety of topical areas before taking a more in-depth look at the future of the maritime workforce on potential impacts of shipping’s decarbonisation.

The survey and the subsequent report are collated, authored, and administered by the Global Maritime Forum, Marsh, and IUMI. All information collected is treated confidentially; individual responses are not identifiable and will not be used for any other purposes.

The survey should take no longer than 5 minutes to complete and will remain open until 23 June 2019.


3. Feds Give Carnival Cruise Lines Another Wigging

We learn from Dennis Bryant’s maritime newsletter that the Department of Justice (DOJ) has announced that Princess Cruise Lines and its parent, Carnival Cruise Lines, have been ordered to pay a $20 million criminal penalty and will be subject to enhanced supervision after admitting to violations of environmental probation attributable to senior Carnival management in a case in which Princess had already paid $40 million.

Here is a copy of the announcement, which should make the cruiseline management wince:-


4. Telematics Device Data Merge

Patrick Hicks has sent us this release:-

The Container Owners Association, the international organisation representing the common interests of freight containers owners, has announced today that its Telematics/Track Trace Work Group will take the unprecedented step of providing an open standard (at the application layer level) to permit interoperability of telematics device data from the various solution providers in the maritime shipping sector.

The open standard, which will start with refrigerated containers, but then be expanded to cover all container types, will pave the way for all container owners to have multiple choices of vendors and platforms for their container fleets when choosing telematics systems. This will reduce risk and provide a more competitive and innovative marketplace of solutions to be explored and deployed.

Commenting on this initiative, Brian Darnowski, Chairman of the Container Owners Association, stated: “We are very pleased that the COA has been able to facilitate the coming together of all the prominent telematics vendors in the market today and support them to agree to take this vital step that is essential for the growth of technology solutions in our industry.”

He continued: “This new open standard will allow container owners to explore more complex IT, Artificial Intelligence and even Blockchain applications to bring efficiencies and cost savings to our members.”

The first step of this open standard is at the application layer, but the COA Work Group has also drawn up a roadmap to be expanded right down to the device level in terms of specification. The open standard is scheduled to be published in October 2019


5. Space Road Not Taken

George Musser writing in the American Scholar argues that we might be on Mars by now had we stuck with the Saturn rockets instead of opting for the space shuttle. A pity really.

6. People and Places

The momentum is building for digitalisation and standardisation within
the container shipping industry, with five more major container lines
announcing their intention to join the recentlyestablished Digital Container
Shipping Association (DCSA).
CMA CGM confirmed its status as a “founding member” of DCSA,
hence gaining a seat on theSupervisory Board of the non-profit association,
which was established April 2019 in Amsterdam, The Netherlands. Evergreen
Line, Hyundai Merchant Marine, Yang Ming Marine Transport Corporationand
ZIM Integrated Shipping Services announced that they are to join DCSA
as members, pendingregulatory approval.

The five carriers join the association’s initial members, namely
A.P. Moller-Maersk, Hapag-Lloyd, MSC and ONE. Once regulatory approval
has been gained, the members will represent 70% of the market, DCSA
said. The association, which says its purpose is “to pave the way
for digitalisation and standardisation in the container shipping industry,”
stressed that all ocean carriers are invited to join,and close collaboration
with the entire industry is expected. “It is critical for our success
that thestandards developed will be implemented, and the commitment
and engagement of many containershipping lines is therefore crucial,”
said Mr Thomas Bagge, CEO of DCSA.

[Source: CLECAT Newsletter]


Richard Linacre is joining Shipowners Claims Bureau (UK) Ltd. in London.
Recruited to undertake an important market liaison role, Mr. Linacre
will add further expertise and technical capabilities to Eagle Ocean
MArine’s London presence in support of its activity both in the local
market and more globally.


The Association of Average Adjusters has appointed Richard Cornah as
chairman for its 150th anniversary year. Liverpool-based Mr Cornah is
chairman of the Richards Hogg Lindley division of Charles Taylor plc.


The International Union of Marine Insurance (IUMI) has appointed a
new additional Asia Ambassador to enhance its position in the region.
Agnes Choi, Chair of Promotion and External Relations for the Hong Kong
Maritime and Port Board and former IUMI Executive Committee member,
has been selected to take on this role. Agnes’ key responsibilities
will include close liaison with the Asian markets, advising insurance
professionals on IUMI and IUMI policy; providing information about Asian
marine insurance to the IUMI Executive Committee; working with and building
IUMI’s membership across the region; and acting as an IUMI education

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.

Arresting Headlines of the Year

Something Went Wrong in Jet Crash, Expert Says

Police Begin Campaign to Run Down Jaywalkers

Iraqi Head Seeks Arms

Is There a Ring of Debris around Uranus?

Prostitutes Appeal to Pope

Panda Mating Fails; Veterinarian Takes Over

Teacher Strikes Idle Kids

Miners Refuse to Work after Death

Crack Found on Governor’s Daughter

Juvenile Court to Try Shooting Defendant

War Dims Hope for Peace

If Strike Isn’t Settled Quickly, It May Last Awhile

Cold Wave Linked to Temperatures

Enfield (London) Couple Slain; Police Suspect Homicide

Red Tape Holds Up New Bridges

Typhoon Rips Through Cemetery; Hundreds Dead

Man Struck By Lightning Faces Battery Charge

New Study of Obesity Looks for Larger Test Group

Astronaut Takes Blame for Gas in Spacecraft

Kids Make Nutritious Snacks

Chef Throws His Heart into Helping Feed Needy

Local High School Dropouts Cut in Half

Hospitals are Sued by 7 Foot Doctors

Bar Calculations

Two men walk into a bar. One sits at one end of the bar and the other
at the opposite end. The bartender asks the first man what he wants.

I’ll have a Frizzle…that’s a beer with a splash of tonic, a splash
of orange juice, a squeeze of lemon, no lime.”

Then the man at the other end of the bar orders. “Make mine a
Frizzle.It’s a beer with just a bit of tonic, a bit of orange juice,
a squeeze of lemon, but no lime.”

The astonished bartender makes the drinks. Then he asks the first man
what he does for a living.

“I am a theoretical mathematician at the university.”

Then he asks the other man what he does.

“Theoretical mathematician at the college.”

“This is remarkable,” says the bartender. “You both
order a drink that I’ve never heard of. You have the identical profession
and you both walk into my bar on the same day at the same time. What
are the odds on something like that happening?”

Both men look up and answer in unison, “Twelve trillion, nine
hunderd, and eighty-seven billion to one.”

[Paul Dixon]

Thanks for Reading the Maritime Advocate online

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