IN THIS ISSUE
1. Time Charter ‘trip’: a Red Herring?
2. American Hellenic Hull Insurance Lift Off
3. The Crew of the Ohio
4. The Ordure of the Livestock Trade
5. Esperanto
6. People and Places
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1. Time Charter ‘trip’: a Red Herring?
Pavlo Samothrakis, writing in the July edition of the Ince & Co
Shipping e-brief, notes the decision in SBT Star Bulk & Tankers
(Germany) GmbH & Co KG v. Cosmotrade SA (Wehr Trave) [2016] EWHC
583 (Comm)
The judgment in this case addressed the appeal of a preliminary issue
in an arbitration as to whether or not the Charterers had the right
under the charter to order the vessel to perform a second voyage, despite
the vessel already having completed one voyage or “trip”.
The Court found in favour of the Charterers, emphasising that a trip
charter is a time charter, where a vessel is taken on hire for a period
of time rather than chartered for a single voyage from one area to another.
During this time, the vessel remains under the directions and orders
of the Charterers in respect of its employment. The use of the word
“trip”, then, is misleading and a “red herring”.
The Court found in favour of the Charterers on the following grounds:
1. There is no single definition as to what constitutes a “trip”.
A trip could be a single voyage carrying cargo from one port to another
or any number of possible permutations of this, such as multiple loading
ports with discharge at one singular port, or perhaps a series of consecutive
loading and discharging operations, all at different ports along a given
route. All might be described as involving a single “trip”
and so, therefore, the reference to “one” time charter trip
is of little if any assistance.
2. Whether or not the Charterers were entitled to make a second voyage
in this particular instance depended very much upon the construction
of the charter and specifically whether or not the port of Sohar was
excluded as a loading port. The Court found that Sohar was within the
agreed trading limits and was not inconsistent with the contractual
route, since it fell between Dammam and the permissible discharge ports
of New Mangalore/Cochin, and between Dammam and Colombo (which was the
closest redelivery port).
3. Neither, as was submitted by the Owners, were the Charterers restricted
from loading at Sohar by the use of the phraseology “…via
eastmed/black sea…” and “to redsea/pg/india/fareast…”
in the charter. Use of the words “via” meant “by way
of” and “to” simply denoted the contractual route. Therefore,
the Charterers were entitled to direct the vessel to load and discharge
as they wished, within the agreed trading limits and on the contractual
route.
4. Finally, the Court rejected the Owners’ argument that if the
Tribunal was correct that the Charterers had the right to perform another
voyage, then the charter would be open-ended. The Court found that the
Charterers were restricted by the agreed trading limits and by the contractual
route. If the Owners were correct in their position that the trip should
have ended at the final discharge port of Dammam, this would have been
commercially unattractive to the Charterers, who would have been forced
to ballast the vessel to the redelivery area and pay hire to the Owners
without the possibility of earning freight.
Read the note in full here:-
http://www.incelaw.com/en/knowledge-bank/publications/time-charter-trip-a-red-herring
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2. American Hellenic Hull Insurance Lift Off
Eleni Antoniadou has passed us this news:-
LIMASSOL, CYPRUS, 1st July, 2016: The American Hellenic Hull Insurance
Company (AHHIC) Ltd is pleased to announce that the Cyprus regulatory
authorities have approved the company’s operating license. The
company, established in Cyprus in 2015 by the cooperation between the
American P&I Club and Hellenic Hull Management, is now officially
in operation with immediate effect. AHHIC is a global insurer and covers
all hull and machinery risks for shipowners worldwide. American Hellenic
Hull is the first marine insurance company in its region that meets
all the requirements of the European Solvency II Directive.
Management and operation of the new insurer has been undertaken by
Hellenic Hull Management, led by managing director Ilias Tsakiris. Hellenic
Hull’s team of assessors has already been working to ensure the
new company’s initial growth and
American Hellenic Hull will start with a healthy legacy of tonnage entered
with the Hellenic Hull Mutual Association, which is in run-off.
American Hellenic Hull was recently presented to the international
shipping market with a large reception at the Posidonia 2016 international
fair in Greece. The company’s first event, the evening reception
attracted 4,000 people from the
maritime sector including senior representatives of 350 shipowning groups.
The sponsors and managers of American Hellenic Hull thanked shipowners
present at the gathering for their support for the new venture. It was
underlined that the company is ready to compete for a significant share
of marine business worldwide in all the major markets.
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3. The Crew of the Ohio
Vicky Macleod has sent us this piece:-
As their British crew mates approach their 1,000th day in captivity,
the Indian and Ukrainian crew of MV Seamen Guard Ohio, who have also
been imprisoned in India, continue to be supported by Sailors’ Society.
Their vessel was engaged in an anti-piracy operation in October 2013
and travelled to Tuticorin as it was running low on fuel. Reportedly
unaware the fuel used was smuggled, the crew was arrested and during
investigations, the vessel’s weapons’ certificates were found
to have expired.
In January, the 35 men were found guilty of weapons charges and given
fines and prison sentences.
Manoj Joy, Sailors’ Society’s port chaplain in Chennai, has
been providing welfare and financial support for the crew and their
families throughout their ordeal, as well as helping the seafarers’
lawyers prepare an appeal. The Indian seafarers, who were released on
bail in April 2014, were jailed for five years on 11 January this year.
Previously a shipping advisor for an international law firm, Manoj
visits the ship’s Indian crew members and Ukrainian Captain and
Chief Engineer, who have been split between jails more than 14 hours
journey apart.
“The men are distraught and are often in tears,” said Manoj.
“I try to comfort them and tell them that we will do our best to
fight their case.”
Of his most recent visit, he said, “The seafarers were very happy
to see us. The lawyer was with me and we briefed them about the next
stage in court. I told the seafarers that their family members are in
touch with me and they needn’t worry about anything. They thanked
me for keeping in regular touch with their families.”
The families are too poor to travel to see them and Manoj acts as a
link between the imprisoned crew and their loved ones, working closely
with the local ITF inspector. He recently visited the wife of one who
gave birth whilst her husband was in jail.
“I told the seafarer that I would visit his family to see his child.
He was thrilled, but at the same time he was very upset that he has
not seen his son. We gave a grant and some clothes for the baby when
we visited to help through this time.”
Providing emotional support to seafarers and their families is one of
international maritime charity Sailors’ Society’s key missions and,
despite the long distances, Manoj is able to provide much needed aid.
Of another family, he said: “His father passed away 10 years ago
and his family were counting on him to support them. I told his Mother
that I met her son and he is keeping well, she was in tears.
“The families call me regularly and break down on the phone. I
tell them not to lose hope.”
In the meantime, the crew and their families await their appeal to be
heard.
http://www.sailors-society.org
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Henry.Hill@worldwidecurrencies.com…………………….+44 (0)20
3326 4514
4. The Ordure of the Livestock Trade
Our good friends at Splash 24/7 feature the writings and assorted videos
by Dr Lynn Simpson, one of Australia’s most experienced and respected
live export veterinarians. Her column is admirably free of euphemism
and well worth a read. Nothing much left to the imagination here:-
Go to:-
http://splash247.com/live-export-is-in-deep-shit/
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5. Esperanto
Following our item on Esperanto in Issue 659 we received the following
reply from Don Yearwood:-
Esperanto
In the late 50’s a number of engineering cadets at the US Merchant
Marine Academy petitioned the administration for an additional language
elective, Russian. Surprisingly, we got what we wanted. In short order
were all struggling. I think the instructor thought we were majoring
in Russian and had little else to do. After about two weeks he announced
that we could not spend a full year learning the Russian language for
it would never take that long. He said he planned to teach Esperanto
during the second half of the year. Luckily, I decided to bail.
The following year we petitioned for a course in nuclear physics. This
time the petition was preceded by much soul searching. The request granted
once again but the result thankfully was better for engineering students.
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6. People and Places
ROTTERDAM-based law firm AKD has appointed Annemieke Spijker a partner
in its Transport & Energy team with effect from 1 June, 2016.
Annemieke joined AKD in July 2006, and became a member of the firm’s
Transport & Energy team in January 2008. She specialises in disputes
involving road carriage and multimodal transportation, and has particular
experience in drafting and negotiating logistics contracts. Annemieke
is also involved in litigation, focusing on international transportation
law disputes and recoveries.
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Aspen Insurance has appointed Christopher Wildee as head of international
marine.
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Mr. Claudio Bozzo, Chief Operating Officer of Mediterranean Shipping
Company (MSC), has joined the World Shipping Council (WSC) Board. Mr.
Bozzo’s profile is available at:-
http://www.worldshipping.org/about-the-council/board-members/claudio-bozzo
Other WSC board members are: Mr. Randy Chen, Wan Hai Lines; Mr. Thomas
Crowley, Jr., Crowley Maritime Corporation; Dr. Ottmar Gast, Hamburg
Sud; Mr. Rolf Habben Jansen, Hapag-Lloyd AG; Mr. Hidetoshi Maruyama,
NYK Group; Mr. Tai Soo Suk, Hanjin Shipping; Mr. Soren Toft, Maersk
Group; Mr. Andy Tung, Orient Overseas Container Line (OOCL); Mr. Wang
Haimin, China COSCO Shipping Container Lines Co., Ltd.; and Board Chairman
Mr. Ron Widdows, Ronald D. Widdows & Associates Pte Ltd. Mr. Bozzo’s
appointment fills the vacancy created by the resignation of Mr. YC Ng
of NOL.
———-
Maritime recruitment specialist Halcyon Recruitment is delighted to
announce the appointment of Danni Devine as its new Operations Director.
———-
Alexander Goulandris, ceo of essDocs, has been appointed Member of
the Advisory Board of the ICC Banking Commission, the world’s foremost
authority on trade finance.
The ICC Banking Commission Advisory Board focuses on the commission’s
strategic decision-making processes and consists of an international
network of experts who provide the ICC with meaningful support and direction
on a regular basis, covering a variety of areas including organizational
development, policy, partnerships and outreach. Most notably, the Advisory
Board assists the ICC Banking Commission to enter into new areas of
work and partnerships to support emerging aspects of international trade.
———-
The Board of Directors at Maersk Group has appointed Søren Skou
as the new CEO of A.P. Møller – Mærsk A/S, replacing Nils
S. Andersen, who will leave Maersk
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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 for our earliest reference to livestockk we turned up this
characterstic contribution in Issue 156 of 18 May 04 from Andrew Tullock
which is lawyerly, procedural and no bullsh*t at all:-
Writ renewal in Australia
A RECENT decision of the federal court in Australia has helped clarify
the circumstances in which a writ ‘in rem’ will be renewed.
The federal court had issued proceedings against the vessel Rodolfo
Mato in a dispute with Pan United Shipyard involving a claim in respect
of the cost of converting the containership to a livestock carrier.
But the proceedings were not served.
The Australian Admiralty Act provided that the proceedings could only
be served in Australia, and the vessel had not been in Australian waters
since the issue of proceedings. The Federal Court Rules, furthermore,
make no provision for the renewal of a writ.
The federal court, however, found that the admiralty rules gave the
court power to extend the time within which a writ in rem could be served
by granting leave to serve the writ after twelve months. The court was
satisfied that the shipyard had not had the opportunity to serve proceedings,
nor to start proceedings against a surrogate vessel, bearing in mind
that the Rodolfo Mata was owned by a one-ship company.
Commenting on the case in its latest Transport & Trade e-Bulletin,
Australian law firm Phillips Fox says it is open to debate whether it
is reasonable for the judge to take into consideration in exercising
his discretion the ability to serve a surrogate vessel, especially in
a case where proceedings had been started and no surrogate vessel named.
But Phillips Fox concludes, ?The decision resolves any concern that
the federal court might respond differently to the state supreme courts
when faced with an application to extend the time for service of a writ,
and represents a sensible approach to the absence of a federal court
ruling dealing with the renewal of writs.?
Andrew Tulloch
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Other Profession: Engineers
People who work in the fields of science and technology are not like
other people. This can be frustrating to the nontechnical people who
have to deal with them. The secret to coping with technology-oriented
people is to understand their motivations. This chapter will teach you
everything you need to know. I learned their customs and mannerisms
by observing them, much the way Jane Woodall learned about the great
apes, but without the hassle of grooming.Engineering is so trendy these
days that everybody wants to be one. The word "engineer" is
greatly overused. If there’s someone in your life who you think is trying
to pass as an engineer, give him this test to discern the truth.
ENGINEER IDENTIFICATION TEST
You walk into a room and notice that a picture is hanging crooked.
You…
A. Straighten it.
B. Ignore it.
C. Buy a CAD system and spend the next six months designing a solar-powered,
self-adjusting picture frame while often stating aloud your belief that
the inventor of the nail was a total moron.
The correct answer is "C" but partial credit can be given
to anybody who writes "It depends" in the margin of the test
or simply blames the whole stupid thing on "Marketing."
SOCIAL SKILLS
Engineers have different objectives when it comes to social interaction.
"Normal" people expect to accomplish several unrealistic
things from social interaction:
* Stimulating and thought-provoking conversation
* Important social contacts
* A feeling of connectedness with other humans
In contrast to "normal" people, engineers have rational objectives
for social interactions:
* Get it over with as soon as possible.
* Avoid getting invited to something unpleasant.
* Demonstrate mental superiority and mastery of all subjects.
FASCINATION WITH GADGETS
To the engineer, all matter in the universe can be placed into one
of two categories: (1)things that need to be fixed, and (2) things that
will need to be fixed after you’ve had a few minutes to play with them.
Engineers like to solve problems. If there are no problems handily available,
they will create their own problems. Normal people don’t understand
this concept; they believe that if it ain’t broke, don’t fix it. Engineers
believe that if it ain’t broke, it doesn’t have enough features yet.
No engineer looks at a television remote control without wondering
what it would take to turn it into a stun gun. No engineer can take
a shower without wondering if some sort of Teflon coating would make
showering unnecessary. To the engineer, the world is a toy box full
of sub-optimized and feature-poor toys.
FASHION AND APPEARANCE
Clothes are the lowest priority for an engineer, assuming the basic
thresholds for temperature and decency have been satisfied. If no appendages
are freezing or sticking together, and if no genitalia or mammary glands
are swinging around in plain view, then the objective of clothing has
been met. Anything else is a waste.
LOVE OF "STAR TREK"
Engineers love all of the "Star Trek" television shows and
movies. It’s a small wonder, since the engineers on the starship Enterprise
are portrayed as heroes. This is much more glamorous than the real life
of an engineer, which consists of hiding from the universe.
DATING AND SOCIAL LIFE
Dating is never easy for engineers. A normal person will employ various
indirect and duplicitous methods to create a false impression of attractiveness.
Engineers are incapable of placing appearance above function.
Fortunately, engineers have an ace in the hole. They are widely recognized
as superior marriage material: intelligent, dependable, employed, honest,
and handy around the house. While it’s true that many normal people
would prefer not to date an engineer, most normal people harbor an intense
desire to mate with them, thus producing engineer-like children who
will have high-paying jobs long before losing their virginity.
HONESTY
Engineers are always honest in matters of technology and human relationships.
That’s why it’s a good idea to keep engineers away from customers, romantic
interests, and other people who can’t handle the truth.
FRUGALITY
Engineers are notoriously frugal. This is not because of cheapness
or mean spirit; it is simply because every spending situation is simply
a problem in optimization, that is, "How can I escape this situation
while retaining the greatest amount of cash?"
RISK
Engineers hate risk. They try to eliminate it whenever they can. his
is understandable, given that when an engineer makes one little mistake,
the media will treat it like it’s a big deal or something.
EXAMPLES OF BAD PRESS FOR ENGINEERS
* Hindenburg.
* Space Shuttle Challenger.
* SPANet(tm)
* Hubble space telescope.
* Apollo 13.
* Titanic.
* Ford Pinto.
* Corvair.
EGO
Ego-wise, two things are important to engineers:
* How smart they are.
* How many cool devices they own.
The fastest way to get an engineer to solve a problem is to declare
that the problem is unsolvable. No engineer can walk away from an unsolvable
problem until it’s solved. No illness or distraction is sufficient to
get the engineer off the case. These types of challenges quickly become
personal, a battle between the engineer and the laws of nature.
Engineers will go without food and hygiene for days to solve a problem.
(Other times just because they forgot.)
Nothing is more threatening to the engineer than the suggestion that
somebody has more technical skill. Normal people some- times use that
knowledge as a lever to extract more work from the engineer. When an
engineer says that something can’t be done (a code phrase that means
it’s not fun to do), some clever normal people have learned to glance
at the engineer with a look of compassion and pity and say something
along these lines: "I’ll ask Bob to figure it out. He knows how
to solve difficult technical problems."
At that point it is a good idea for the normal person to not stand
between the engineer and the problem. The engineer will set upon the
problem like a starved Chihuahua on a pork chop.
[Source: Paul Dixon]
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More Employee Evaluations
In many companies this is the time of year when appraisals are made.
Here are some quotes allegedly taken from employee performance evaluations:-
1. Since my last report, this employee has reached rock bottom and
has started to dig.
2. I would not allow this employee to breed.
3. This employee is really not so much of a has-been, but more of a
definite won’t be.
4. Works well when under constant supervision and cornered like a rat
in a trap.
5. When she opens her mouth, it seems that it is only to change feet.
6. He would be out of his depth in a parking lot puddle.
7. This young lady has delusions of adequacy.
8. He sets low personal standards and then consistently fails to achieve
them.
9. This employee is depriving a village somewhere of an idiot.
10. This employee should go far, and the sooner he starts, the better.
11. Got a full 6-pack, but lacks the plastic thing to hold it all together.
12. A gross ignoramus – 144 times worse than an ordinary ignoramus.
13. He doesn’t have ulcers, but he’s a carrier.
14. I would like to go hunting with him sometime.
15. He’s been working with glue too much.
16. He would argue with a signpost.
17. He brings a lot of joy whenever he leaves the room.
18. When his IQ reaches 50, he should sell.
19. If you see two people talking and one looks bored, he’s the other
one.
20. A photographic memory but with the lens cover glued on.
21. A prime candidate for natural de-selection.
22. Donated his brain to science before he was done using it.
23. Gates are down, the lights are flashing, but the train isn’t coming.
24. He’s got two brains, one is lost and the other is out looking for
it.
25. If he were any more stupid, he’d have to be watered twice a week.
26. If you give him a penny for his thoughts, you’d get change.
27. If you stand close enough to him, you can hear the ocean.
28. It’s hard to believe he beat out 1,000,000 other sperm.
29. One neuron short of a synapse.
30. Some drink from the fountain of knowledge; he only gargled.
31. Takes him two hours to watch 60 minutes.
32. The wheel is turning, but the hamster is dead.
33. Has a high opinion of himself due to the low standards he sets.
34. His staff will follow him anywhere, but only out of curiosity
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