1. Latest but not Last Word on Demurrage Time Bars
2. China-Australia Free Trade Agreement
3. Barge Captain gets Six Months in Clink after Propane Torch Cludge
4. SHIPARC 2015–Sustainable Arctic Shipping
5. The Psychology of Negotiation
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 âStarter, 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 yearsâ 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 âStarter, 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
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. Latest but not Last Word on Demurrage Time Bars
Gavin McGrath, the editor of the forwarderlaw e-zine has
sent in this note by Paul Bugden on Kassiopi Maritime Co Ltd v Fal Shipping
Co.Ltd [2015] EWHC 318 (Comm) (19 February 2015) Hamblen J.
Introduction
This case is the latest in a long line of reported cases
on demurrage time bars and almost certainly not the last. This note
considers the main points that arose in the case and some others too.
Background facts in Kassiopi
The Appellants, Kassiopi Maritime Co Ltd appealed pursuant
to Section 69 of the Arbitration Act 1996 in respect of questions of
law arising out of an award of Messrs. Simon Gault and John Schofield.
Kassiopi were the owners of the vessel M/T ADVENTURE which
was chartered to the Respondent, FAL Shipping Co Ltd, under a voyage
charterparty.
The Owners brought a claim for demurrage in the amount
of US$ 364,847.78 as a result of delays at both the loadport, Sitra,
and the discharge port, Port Sudan. A formal demurrage claim was submitted
by email which attached a number of documents. The Charterers disputed
that demurrage was due to the Owners on the principal grounds that the
demurrage claim had not attached all of the necessary documents and
that, because the 90-day period to submit those documents had elapsed,
the Owners’ demurrage claim had become time-barred.
The arbitration tribunal held that the Owners’ demurrage claim failed
as the Owners had failed to provide; (1) The port log and time sheets
kept as referred to in the Letters of Protest; and (2) A manuscript
note on an email, made by owners’ port captain that the Master had received
free pratique by VHF at Port Sudan. As a result, the claim for demurrage
was held to be partially barred by the failure to comply with Clause
19.7 and wholly barred by the failure to comply with Clause 20.1.
On appeal the judge upheld the award.
The charterparty was on the well-known BPVOY4 from with
additions and amendments etc and provided.
Read the note in full here:-
http://www.forwarderlaw.com/library/view.php?article_id=998
2. China-Australia Free Trade Agreement
The Transport Group of Holding Redlich have sent in the following note:-
The Free Trade Agreement with China was signed on 17 June and is likely
to come into effect by 1 January 2016. Although not free from controversy,
the Agreement will have a significant impact on two-way trade and investment
with China. We examine some of the key take-aways in the attached publication:-
3. Barge Captain gets Six Months in Clink after Propane Torch Cludge
We are indebted to Dennis.L.Bryant’s Maritime Newsletter for the reference
to a Department of Justice release concerning barge Captain Dennis Michael
Egan who was sentenced to six months in respect of a fatal 2005 explosion
which resulted in the discharge of slurry oil in a Chicago canal. The
marine company was ordered to pay over $5.3 Million in restitution:-
http://www.justice.gov/usao/iln/pr/chicago/2015/pr0626_02.html
4. SHIPARC 2015–Sustainable Arctic Shipping
The World Ocean Council (WOC) is a Supporting Partner of the âShipArc
2015â conference (Malmö, Sweden, 25-27 August 2015).
ShipArc 2015 is organized by the International Maritime Organization
(IMO), the World Maritime University (WMU) and the Arctic Councilâs
working group on Protection of the Arctic Marine Environment (PAME).
Koji Sekimizu, IMO Secretary-General, will open the conference.
ShipArc 2015 will bring together regulatory, governance, industry,
indigenous, civil society, academic, and research participants around
the theme of âSafe and Sustainable Shipping in a Changing Arctic
Environmentâ.
WOC has been invited to organize two industry panels to address: âIndustry
Developments, Opportunities and Challengesâ and âSustainable
Arctic Business Developmentâ.
Representatives from shipping, oil and gas, fishing, mining, tourism,
submarine cable, aquaculture or other sectors interested in participating
on these panels are encouraged to contact the WOC by 7 July.
More information on ShipArc 2015 can be found at:
http://www.wmu.se/events/shiparc-2015
5. The Psychology of Negotiation
An “epic list of negotiation tactics” which appear in the
blog of Nick Kolenda. Seems quite plausible.
http://www.nickkolenda.com/negotiation-tactics/
6. People and Places
The European Commission has announced the re-shuffling of several senior
management positions,
including the Directors General of DG MOVE and DG TAXUD.
Joao Aguiar Machado is to leave his position at the head of DG MOVE
to become Director General of
DG Maritime Affairs and Fisheries. He will be replaced by Henrik Hololei,
currently a Deputy
Secretary General of the Commission and previously the Head of Cabinet
to the former Transport
Commissioner Siim Kallas.
The current Director General of DG TAXUD, Heinz Zourek, is to be replaced
by Stephen Quest,
currently Director General of DG Informatics. Daniel Calleja Crespo,
currently the Director General of
DG Internal Market and previously Director for Air Transport in DG MOVE.
[Source: CLECAT Newsletter]
———-
ShipServ, the marine and offshore marketplace is opening of a new office
in Singapore. The office will be managed by ShipServâs VP of Sales
Sharon Gill.
———-
The Green Award has appointed three new committee members and two new
members to its board of experts.
New committee members are Intertankoâs Dragos Rauta, OCIMFâs
new head, Andrew Cassels, and IACS new secretary general, Robert Ashdown.
New board of experts members are arbitrator Hendrik Lorentz and Jai
Alimchandani, deputy director for regulatory affairs at Maersk Maritime
Technology.
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.
This publication has many references to negotiation, the daily bread
of the lawyer. For example, in Issue 13 of the old paper quarterly Maritime
Advocate of Novembner 2000, Georgina Noakes wrrote:-
The international maritime community is a small one. Everyone seems
to know, or at least know of, everyone else.
A need to understand the different cultures in which we work is crucial
to success. That may seem obvious. But how many of us read up on the
history and research the current political climate in the countries
we visit?
Peter Jones does. He is another well-known figure, this time in Greece,
who also celebrated forty years in shipping this year. Peter, managing
director of Shipserve International, shared over lunch some of the secrets
he has learned about successful negotiation. “Be calm, be patient”.
You have to be aware of the problems and of the terrain in which you
are walking,” he advised. Even now, every time Peter goes to work
in another country he makes sure he has first understood the culture
and is aware of what it is that makes its people tick.
So what else can be done to take the temperature of the cultures in
which we work, beyond immersing ourselves in literature, the current
news and a good travel guide on the plane journey? The really effective
operators listen to the people they meet and get them to tell stories
about themselves, their history and their working environment. This
could be described as the job of a journalist, but it should also be
the rule of thumb for a good lawyer – listen to clients, understand
their needs and problems and thus know how best to serve them. This
is the essence of what getting return business – and finding new work
– is all about.
http://www.avoarchive.com/searchBI.php
Excuse Notes Written by Kool Parents
1. Dear School: Please excuse John from being absent on Jan. 28, 29,
30, 31, 32, and also 33.
2. Please excuse Johnnie for being. It was his father’s fault.
3. Chris will not be in school because he has an acre in his side.
4. John has been absent because he had two teeth taken off his face.
5. Excuse Gloria. She has been under the doctor.
6. Lillie was absent from school yesterday because she had a going
over.
7. My son is under the doctor’s care and should not take fizical ed.
Please execute him.
8. Carlos was absent yesterday because he was playing football. He
was hit in the growing part.
9. Please excuse Joyce from P.E. for a few days. Yesterday she fell
off a tree and misplaced her hip.
10. Please excuse Ray Friday from school. He has very loose vowels.
11. Maryann was absent Dec. 11-16, because she had a fever, sore throat,
headache, and upset stomach. Her sister was also sick, fever and sore
throat, her brother had a low-grade fever. There must be the flu going
around, her father even got hot last night.
12. Please excuse Blanche from jim today. She is administrating.
13. George was absent yesterday because he had a stomach.
14. Ralph was absent yesterday because he had a sore trout.
15. Please excuse Lupe. She is having problems with her ovals.
16. Please excuse Sara for being absent. She was sick and I had her
shot.
[Paul Dixon’ Joke of the Day zine]
The Senator’s Decision
While walking down the street one day a U.S. senator is tragically
hit by a truck and dies. His soul arrives in heaven and is met by St.
Peter at the entrance.
“Welcome to heaven,” says St. Peter. “Before you settle
in, it seems there is a problem. We seldom see a high official around
these parts, you see, so we’re not sure what to do with you.”
“No problem, just let me in,” says the man.
“Well, I’d like to, but I have orders from higher up. What we’ll
do is have you spend one day in hell and one in heaven. Then you can
choose where to spend eternity.”
“Really, I’ve made up my mind. I want to be in heaven,” says
the senator.
“I’m sorry, but we have our rules.”
And with that, St. Peter escorts him to the elevator and he goes down,
down, down to hell. The doors open and he finds himself in the middle
of a green golf course. In the distance is a clubhouse and standing
in front of it are all his friends and other politicians who had worked
with him.
Everyone is very happy and in evening dress. They run to greet him,
shake his hand, and reminisce about the good times they had while getting
rich at the expense of the people.
They play a friendly game of golf and then dine on lobster, caviar
and champagne.
Also present is the devil, who really is a very friendly guy who has
a good time dancing and telling jokes. They are having such a good time
that before he realizes it, it is time to go.
Everyone gives him a hearty farewell and waves while the elevator rises…
The elevator goes up, up, up and the door reopens on heaven where St.
Peter is waiting for him.
“Now it’s time to visit heaven.”
So, 24 hours pass with the senator joining a group of contented souls
moving from cloud to cloud, playing the harp and singing. They have
a good time and, before he realizes it, the 24 hours have gone by and
St. Peter returns.
“Well, then, you’ve spent a day in hell and another in heaven.
Now choose your eternity.”
The senator reflects for a minute, then he answers: “Well, I would
never have said it before, I mean heaven has been delightful, but I
think I would be better off in hell.”
So St. Peter escorts him to the elevator and he goes down, down, down
to hell.
Now the doors of the elevator open and he’s in the middle of a barren
land covered with waste and garbage.
He sees all his friends, dressed in rags, picking up the trash and
putting it in black bags as more trash falls from above. His face falls,
he begins to cry . . .
The devil comes over to him and puts his arm around his shoulder.
“I don’t understand,” stammers the senator. “Yesterday
I was here and there was a golf course and clubhouse, and we ate lobster
and caviar, drank champagne, and danced and had a great time. Now there’s
just a wasteland full of garbage and my friends look miserable. What
happened?”
The devil looks at him, smiles and says, “Yesterday we were shooting
the TV campaign ads. And this morning you voted!”
[Randy Cassingham’s JumboJoke.Com]
Thanks for Reading the Maritime Advocate online
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