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Thursday, 08 May 14
'TRIAL BY MEDIA, TRIAL BY LAW' - A REPORT FROM TRACK 1 OF BIMCO'S ANNUAL CONFERENCE DUBAI 2014
 KNOWLEDGE TO ELEVATE
Aiming to bring a very different type of event into their annual conference, BIMCO presented ‘Double Jeopardy – ‘Trial by Media, Trial by Law*’, simulating a marine casualty and arbitration to delegates at the Jumeirah Beach Hotel, Dubai. A professional, innovative and creative production not only gave a realistic portrayal of the events following a maritime casualty but enabled the audience to participate with well posed questions by way of interactive voting meters.
Based on a true event, this realistic account of a maritime casualty was narrated by Lindsay East, Consultant, Reed Smith, London. The vessel ‘Idle Star’ having loaded with sugar in Thailand and heading to the discharge port, had grounded on a river bed on the West Coast of California in an area of natural beauty. While there were no human casualties, there was a significant bunker spill and with a fast flowing river the environmental implications to wildlife and the local community were huge.
As the story unfolded, the owner representative, played by John Tsatsas from London and the charterers representative played by Han van Blanken from Rotterdam, portrayed each stage from the initial Captain’s call. With the initial limited information, the chain of events were shown to unfold as the owner and charterer brought in assistance and sought advice from P&I, lawyers, classification society, hull and machinery insurers, local agents and representatives and demonstrated how the process evolved as more information became available, giving an overview of the practicalities involved in the process. The expert advice to the owner and charterer was provided by video clips of real practitioners in conversation with the two stage actors.
The casualty centred on whether the destination port was ‘safe’. It was known to have a low draft and underwater obstructions that shifted and were uncharted. The vessel therefore had to not only be of certain specification when laden but also the conditions of making the final part of the voyage through those water needed to be assessed with the latest information available to see if the port was suitable for discharge. The owners proceeded to complete the voyage and the vessel ran aground so who was liable? The Master for proceeding with the voyage despite concerns or the charterer for the choice of a difficult destination with the cargo in mind?
With neither the owner or charterer accepting liability and indeed blaming each other, this session focussed on two areas; media and how if not handled correctly incidents can become a media and public relations nightmare and legal arbitration, examining the legalities of the charter agreement and how this would be dealt with by the legal system.
The morning session focussed on ‘Trial by Media’ and with neither party having any crisis management or PR in place, the simulated public backlash of the environmentalists, shrimp farmers and the local community as pollution grew, quickly escalated without an appropriate, measured response. Julian Bray, Tradewinds Editor-in-chief portrayed the media, keen for a story, blame and clearly supporting the affected parties who were keen for compensation.
The clear message of the morning session was that handling media during such an incident is a serious matter and can easily spiral out of control. Media will always seek to sensationalise and exploit sensitive areas and it is very easy to say the wrong things however well intentioned. Advice was to be well prepared, seeking professional crisis management to enable you to get every step right and above all, be honest. By knowing the all facts, you can provide just enough factual information and slow the media frenzy down.
The afternoon session ‘Trial by Law’ consisted of a panel of three maritime arbitrators, presided by Jude Benny, from Singapore, Bruce Harris from London and Jack Warfield from New York.
The owner sought indemnity from the charterer and the case was to ascertain whether the port was unsafe, whether the charterer was in breach of the agreement by ordering the ship to go there and whether that caused the loss.
Chirag Karia, a QC from London, counsel for the owner, put forward a strong case after witness testimonies that the owner had expressed concerns to the charterer which has gone unresolved. There had been correspondence regarding the draft of the port and that the waters were uncharted and the charterer had been asked to arrange lightening and/or a harmless agreement to indemnify the owner from any losses should there be a problem. The charterer did not lighten and was confident there would be no issue with the voyage, however did not confirm any harmless agreement which the owner assumed from their conversations. He argued that by sending the vessel to its destination the charterers were sending the vessel to an unsafe port and the owners had been commercially pressured to continue.
Nevil Phillips a barrister from London, counsel for the charterer, argued the defence with regard to whether the port was safe at the time of nomination and that the owners had a responsibility to ensure the vessel was laden appropriately to ensure safe passage. The owners should have reduced the cargo and taken further action to avoid such an incident and the Master was negligent in not doing so, causing the vessel to ground. Ultimately it was the owner’s decision to continue with the voyage with the known risks and any negligence by the Master obliterates any question of safety.
The arbitrators retired to consider their findings, each from the perspective of their own jurisdictions, and the audience were able to vote on their own judgment, finding in favour of the owner. However on returning the arbitrators, giving three separate judgments found in favour of the charterer by two to one on the basis that the grounding was found to be in general down to the Master’s negligence. Jude Benny summing up said “There were sufficient red light warnings and with good seamanship this could have been avoided.”
There was a lively question and answer session to close the session and attendees found the day both enlightening and informative. The new style of interactive session proved popular with attendees and the final vote was to definitely repeat such an event next time.
Source: BIMCO / Hellenic Shipping
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Saturday, 25 March 23
COAL INDIA HAS STRONG CASE TO INCREASE PRICES, TALKS ON: CMD AGRAWAL - BUSINESS STANDARD
Coal India (CIL) Chairman and Managing Director Pramod Agrawal said on Monday there is a “strong case” for increasing coal prices, and ...
Saturday, 25 March 23
ASIAN CRUDE PALM OIL WATCH 1Q23 - FITCH RATINGS
Malaysian benchmark crude palm oil (CPO) spot prices have averaged around USD915 per tonne (t) so far in 1Q23, sharply lower than the average of ar ...
Saturday, 25 March 23
INDONESIA’S COAL EXPORT INCREASED BY 21.0% YOY TO 388.4 MLN T IN 2022 - BANCHERO COSTA
After a slow start in the first quarter, global coal trade has really picked up pace last year, and is now fully back to pre-Covid levels. In the f ...
Saturday, 25 March 23
GLOBAL LNG-ASIA SPOT PRICES SLIP AS WEAK NORTHERN DEMAND REMAINS - REUTERS
Asian spot prices of liquefied natural gas (LNG) declined this week, falling to a 21-month low, as weak demand in the northeast Asia region continu ...
Wednesday, 22 March 23
OIL PRICE FALL SPECULATIVE, TO HIT $140 BY YEAR-END -ANDURAND: REUTERS
The recent fall in oil prices due to banking jitters is speculative and oil will hit $140 a barrel by the end of the year, hedge fund manager Pierr ...
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- Kideco Jaya Agung - Indonesia
- Singapore Mercantile Exchange
- Trasteel International SA, Italy
- Madhucon Powers Ltd - India
- Metalloyd Limited - United Kingdom
- Antam Resourcindo - Indonesia
- Economic Council, Georgia
- Coastal Gujarat Power Limited - India
- Kobexindo Tractors - Indoneisa
- Holcim Trading Pte Ltd - Singapore
- Parliament of New Zealand
- South Luzon Thermal Energy Corporation
- Chamber of Mines of South Africa
- Electricity Generating Authority of Thailand
- Sinarmas Energy and Mining - Indonesia
- Semirara Mining and Power Corporation, Philippines
- Interocean Group of Companies - India
- Tamil Nadu electricity Board
- The University of Queensland
- Bhatia International Limited - India
- Kalimantan Lumbung Energi - Indonesia
- Miang Besar Coal Terminal - Indonesia
- Bhushan Steel Limited - India
- Meenaskhi Energy Private Limited - India
- Orica Mining Services - Indonesia
- OPG Power Generation Pvt Ltd - India
- Jorong Barutama Greston.PT - Indonesia
- Kapuas Tunggal Persada - Indonesia
- Mercator Lines Limited - India
- Ind-Barath Power Infra Limited - India
- Posco Energy - South Korea
- Larsen & Toubro Limited - India
- Malabar Cements Ltd - India
- Wilmar Investment Holdings
- Toyota Tsusho Corporation, Japan
- TNB Fuel Sdn Bhd - Malaysia
- Karaikal Port Pvt Ltd - India
- SN Aboitiz Power Inc, Philippines
- Asia Pacific Energy Resources Ventures Inc, Philippines
- Rio Tinto Coal - Australia
- Maharashtra Electricity Regulatory Commission - India
- Orica Australia Pty. Ltd.
- Offshore Bulk Terminal Pte Ltd, Singapore
- Siam City Cement PLC, Thailand
- Filglen & Citicon Mining (HK) Ltd - Hong Kong
- Petrochimia International Co. Ltd.- Taiwan
- London Commodity Brokers - England
- Ceylon Electricity Board - Sri Lanka
- Ministry of Transport, Egypt
- Leighton Contractors Pty Ltd - Australia
- Videocon Industries ltd - India
- Borneo Indobara - Indonesia
- White Energy Company Limited
- Mintek Dendrill Indonesia
- Maheswari Brothers Coal Limited - India
- San Jose City I Power Corp, Philippines
- Uttam Galva Steels Limited - India
- Essar Steel Hazira Ltd - India
- Xindia Steels Limited - India
- Coalindo Energy - Indonesia
- GMR Energy Limited - India
- Lanco Infratech Ltd - India
- Straits Asia Resources Limited - Singapore
- PNOC Exploration Corporation - Philippines
- Agrawal Coal Company - India
- Cigading International Bulk Terminal - Indonesia
- Bangladesh Power Developement Board
- Central Java Power - Indonesia
- Kepco SPC Power Corporation, Philippines
- ASAPP Information Group - India
- Sical Logistics Limited - India
- Bank of Tokyo Mitsubishi UFJ Ltd
- Salva Resources Pvt Ltd - India
- IHS Mccloskey Coal Group - USA
- Alfred C Toepfer International GmbH - Germany
- Indonesian Coal Mining Association
- Savvy Resources Ltd - HongKong
- Edison Trading Spa - Italy
- Bahari Cakrawala Sebuku - Indonesia
- Ambuja Cements Ltd - India
- Africa Commodities Group - South Africa
- Cement Manufacturers Association - India
- Heidelberg Cement - Germany
- Neyveli Lignite Corporation Ltd, - India
- Karbindo Abesyapradhi - Indoneisa
- Energy Link Ltd, New Zealand
- Bayan Resources Tbk. - Indonesia
- Electricity Authority, New Zealand
- Pipit Mutiara Jaya. PT, Indonesia
- Altura Mining Limited, Indonesia
- Ministry of Finance - Indonesia
- Mercuria Energy - Indonesia
- Kumho Petrochemical, South Korea
- Indogreen Group - Indonesia
- GN Power Mariveles Coal Plant, Philippines
- Iligan Light & Power Inc, Philippines
- Wood Mackenzie - Singapore
- Truba Alam Manunggal Engineering.Tbk - Indonesia
- Kartika Selabumi Mining - Indonesia
- Directorate Of Revenue Intelligence - India
- Carbofer General Trading SA - India
- GVK Power & Infra Limited - India
- Latin American Coal - Colombia
- Directorate General of MIneral and Coal - Indonesia
- Riau Bara Harum - Indonesia
- Eastern Coal Council - USA
- Samtan Co., Ltd - South Korea
- Standard Chartered Bank - UAE
- Kaltim Prima Coal - Indonesia
- Intertek Mineral Services - Indonesia
- SMC Global Power, Philippines
- Global Business Power Corporation, Philippines
- Ministry of Mines - Canada
- GAC Shipping (India) Pvt Ltd
- Indian Energy Exchange, India
- Barasentosa Lestari - Indonesia
- Romanian Commodities Exchange
- Thiess Contractors Indonesia
- Eastern Energy - Thailand
- Sojitz Corporation - Japan
- Rashtriya Ispat Nigam Limited - India
- CIMB Investment Bank - Malaysia
- Independent Power Producers Association of India
- Krishnapatnam Port Company Ltd. - India
- Commonwealth Bank - Australia
- Power Finance Corporation Ltd., India
- Thai Mozambique Logistica
- Tata Chemicals Ltd - India
- Coal and Oil Company - UAE
- PowerSource Philippines DevCo
- PetroVietnam Power Coal Import and Supply Company
- McConnell Dowell - Australia
- Gujarat Sidhee Cement - India
- Central Electricity Authority - India
- Jaiprakash Power Ventures ltd
- Australian Coal Association
- Australian Commodity Traders Exchange
- Global Green Power PLC Corporation, Philippines
- New Zealand Coal & Carbon
- Merrill Lynch Commodities Europe
- Gujarat Electricity Regulatory Commission - India
- VISA Power Limited - India
- India Bulls Power Limited - India
- Goldman Sachs - Singapore
- Pendopo Energi Batubara - Indonesia
- Sree Jayajothi Cements Limited - India
- Gujarat Mineral Development Corp Ltd - India
- Binh Thuan Hamico - Vietnam
- ICICI Bank Limited - India
- Banpu Public Company Limited - Thailand
- Renaissance Capital - South Africa
- Bukit Asam (Persero) Tbk - Indonesia
- Deloitte Consulting - India
- Vijayanagar Sugar Pvt Ltd - India
- Medco Energi Mining Internasional
- Simpson Spence & Young - Indonesia
- Star Paper Mills Limited - India
- Timah Investasi Mineral - Indoneisa
- SMG Consultants - Indonesia
- Semirara Mining Corp, Philippines
- Dong Bac Coal Mineral Investment Coporation - Vietnam
- Bulk Trading Sa - Switzerland
- Asmin Koalindo Tuhup - Indonesia
- Vedanta Resources Plc - India
- Vizag Seaport Private Limited - India
- TeaM Sual Corporation - Philippines
- The Treasury - Australian Government
- Sarangani Energy Corporation, Philippines
- Bukit Baiduri Energy - Indonesia
- Marubeni Corporation - India
- Meralco Power Generation, Philippines
- Dalmia Cement Bharat India
- Petron Corporation, Philippines
- Oldendorff Carriers - Singapore
- Indika Energy - Indonesia
- Aditya Birla Group - India
- IEA Clean Coal Centre - UK
- Dr Ramakrishna Prasad Power Pvt Ltd - India
- Baramulti Group, Indonesia
- MS Steel International - UAE
- Bukit Makmur.PT - Indonesia
- Bharathi Cement Corporation - India
- CNBM International Corporation - China
- Mjunction Services Limited - India
- Bhoruka Overseas - Indonesia
- AsiaOL BioFuels Corp., Philippines
- International Coal Ventures Pvt Ltd - India
- Global Coal Blending Company Limited - Australia
- Manunggal Multi Energi - Indonesia
- Kohat Cement Company Ltd. - Pakistan
- Planning Commission, India
- Aboitiz Power Corporation - Philippines
- PTC India Limited - India
- Sindya Power Generating Company Private Ltd
- Globalindo Alam Lestari - Indonesia
- LBH Netherlands Bv - Netherlands
- Georgia Ports Authority, United States
- Indian Oil Corporation Limited
- Energy Development Corp, Philippines
- Siam City Cement - Thailand
- Anglo American - United Kingdom
- Grasim Industreis Ltd - India
- Makarim & Taira - Indonesia
- Price Waterhouse Coopers - Russia
- Chettinad Cement Corporation Ltd - India
- Port Waratah Coal Services - Australia
- Formosa Plastics Group - Taiwan
- European Bulk Services B.V. - Netherlands
- The State Trading Corporation of India Ltd
- Billiton Holdings Pty Ltd - Australia
- Therma Luzon, Inc, Philippines
- Parry Sugars Refinery, India
- Attock Cement Pakistan Limited
- Sakthi Sugars Limited - India
- Jindal Steel & Power Ltd - India
- Indo Tambangraya Megah - Indonesia
- Minerals Council of Australia
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