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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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Monday, 05 May 14
SUB BIT-FOB INDONESIA COAL SWAPS LOST GROUND LAST WEEK
COALspot.com: Indonesian coal swaps for average Q3’ 2014 lost on day, week and on month according to AsiaClear OTC coal swap's reports ...
Monday, 05 May 14
API 8 CFR SOUTH CHINA COAL SWAP FOR AVERAGE Q3 14 DELIVERIES: LOST 0.82% M-O-M
COALspot.com: API 8 CFR South China Coal swaps for average Q3 14 deliveries lost 0.82 percent month on month and closed at US$ 75.20 per mt as o ...
Sunday, 04 May 14
INDONESIA TO INDIA FREIGHT RATES ARE SHOWING POSITIVE TREND
COALspot.com: The freight market is seems to be some recovery as cape index has increased by 7.84 pct week on week. Cape index closed at 1829 po ...
Friday, 02 May 14
ADARO ENERGY STARTS YEAR 2014 WELL DESPITE CURRENT MARKET CONDITIONS
COALspot.com: Adaro Energy, the second largest Indonesian coal miner's revenue increased 14% to US$ 845 million due to higher sales volume, ...
Friday, 02 May 14
US WEEKLY COAL PRODUCTION RELATIVELY FLAT AT -0.1%, SAYS EIA
COALspot.com – United States the world's second largest coal producer, produced approximately 19.0 million short tons (mmst) of coal i ...
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- Africa Commodities Group - South Africa
- PowerSource Philippines DevCo
- Ceylon Electricity Board - Sri Lanka
- CNBM International Corporation - China
- Wood Mackenzie - Singapore
- Wilmar Investment Holdings
- Rio Tinto Coal - Australia
- Indogreen Group - Indonesia
- Georgia Ports Authority, United States
- PetroVietnam Power Coal Import and Supply Company
- Toyota Tsusho Corporation, Japan
- CIMB Investment Bank - Malaysia
- TNB Fuel Sdn Bhd - Malaysia
- Gujarat Electricity Regulatory Commission - India
- Renaissance Capital - South Africa
- ASAPP Information Group - India
- New Zealand Coal & Carbon
- Bhatia International Limited - India
- Bhushan Steel Limited - India
- Rashtriya Ispat Nigam Limited - India
- Heidelberg Cement - Germany
- MS Steel International - UAE
- Bukit Asam (Persero) Tbk - Indonesia
- Aditya Birla Group - India
- Maharashtra Electricity Regulatory Commission - India
- Medco Energi Mining Internasional
- Chamber of Mines of South Africa
- Standard Chartered Bank - UAE
- Miang Besar Coal Terminal - Indonesia
- Ministry of Mines - Canada
- Mjunction Services Limited - India
- The Treasury - Australian Government
- Goldman Sachs - Singapore
- Anglo American - United Kingdom
- GVK Power & Infra Limited - India
- Siam City Cement PLC, Thailand
- Cigading International Bulk Terminal - Indonesia
- San Jose City I Power Corp, Philippines
- Energy Link Ltd, New Zealand
- Vizag Seaport Private Limited - India
- Australian Commodity Traders Exchange
- PTC India Limited - India
- Kepco SPC Power Corporation, Philippines
- Kumho Petrochemical, South Korea
- Antam Resourcindo - Indonesia
- Bank of Tokyo Mitsubishi UFJ Ltd
- Thai Mozambique Logistica
- Sakthi Sugars Limited - India
- Economic Council, Georgia
- Makarim & Taira - Indonesia
- Jaiprakash Power Ventures ltd
- The University of Queensland
- Videocon Industries ltd - India
- Eastern Energy - Thailand
- Sical Logistics Limited - India
- Gujarat Sidhee Cement - India
- Binh Thuan Hamico - Vietnam
- Ministry of Transport, Egypt
- Sinarmas Energy and Mining - Indonesia
- Chettinad Cement Corporation Ltd - India
- Electricity Authority, New Zealand
- SN Aboitiz Power Inc, Philippines
- Jindal Steel & Power Ltd - India
- Port Waratah Coal Services - Australia
- Thiess Contractors Indonesia
- Dr Ramakrishna Prasad Power Pvt Ltd - India
- Salva Resources Pvt Ltd - India
- Central Java Power - Indonesia
- Holcim Trading Pte Ltd - Singapore
- Central Electricity Authority - India
- Sindya Power Generating Company Private Ltd
- GAC Shipping (India) Pvt Ltd
- Indian Oil Corporation Limited
- SMG Consultants - Indonesia
- Parry Sugars Refinery, India
- Indika Energy - Indonesia
- Leighton Contractors Pty Ltd - Australia
- Minerals Council of Australia
- Straits Asia Resources Limited - Singapore
- Bukit Baiduri Energy - Indonesia
- White Energy Company Limited
- Jorong Barutama Greston.PT - Indonesia
- Metalloyd Limited - United Kingdom
- Bulk Trading Sa - Switzerland
- Mercator Lines Limited - India
- Samtan Co., Ltd - South Korea
- Meralco Power Generation, Philippines
- India Bulls Power Limited - India
- Coastal Gujarat Power Limited - India
- Orica Mining Services - Indonesia
- Formosa Plastics Group - Taiwan
- Altura Mining Limited, Indonesia
- Ministry of Finance - Indonesia
- GMR Energy Limited - India
- Maheswari Brothers Coal Limited - India
- PNOC Exploration Corporation - Philippines
- Vedanta Resources Plc - India
- Bukit Makmur.PT - Indonesia
- Tata Chemicals Ltd - India
- Karbindo Abesyapradhi - Indoneisa
- Tamil Nadu electricity Board
- ICICI Bank Limited - India
- Global Coal Blending Company Limited - Australia
- Mintek Dendrill Indonesia
- Kalimantan Lumbung Energi - Indonesia
- Meenaskhi Energy Private Limited - India
- Larsen & Toubro Limited - India
- Commonwealth Bank - Australia
- Deloitte Consulting - India
- Indo Tambangraya Megah - Indonesia
- The State Trading Corporation of India Ltd
- Therma Luzon, Inc, Philippines
- Latin American Coal - Colombia
- Independent Power Producers Association of India
- Savvy Resources Ltd - HongKong
- Mercuria Energy - Indonesia
- Ambuja Cements Ltd - India
- Edison Trading Spa - Italy
- Krishnapatnam Port Company Ltd. - India
- OPG Power Generation Pvt Ltd - India
- Indian Energy Exchange, India
- Merrill Lynch Commodities Europe
- Marubeni Corporation - India
- SMC Global Power, Philippines
- Banpu Public Company Limited - Thailand
- LBH Netherlands Bv - Netherlands
- Kohat Cement Company Ltd. - Pakistan
- Essar Steel Hazira Ltd - India
- Pendopo Energi Batubara - Indonesia
- Coal and Oil Company - UAE
- Power Finance Corporation Ltd., India
- Globalindo Alam Lestari - Indonesia
- Kartika Selabumi Mining - Indonesia
- Manunggal Multi Energi - Indonesia
- Bahari Cakrawala Sebuku - Indonesia
- Sojitz Corporation - Japan
- AsiaOL BioFuels Corp., Philippines
- Planning Commission, India
- Semirara Mining Corp, Philippines
- Vijayanagar Sugar Pvt Ltd - India
- Global Green Power PLC Corporation, Philippines
- Kideco Jaya Agung - Indonesia
- Petrochimia International Co. Ltd.- Taiwan
- Uttam Galva Steels Limited - India
- Riau Bara Harum - Indonesia
- IHS Mccloskey Coal Group - USA
- Trasteel International SA, Italy
- Bhoruka Overseas - Indonesia
- Ind-Barath Power Infra Limited - India
- Kobexindo Tractors - Indoneisa
- Semirara Mining and Power Corporation, Philippines
- Kaltim Prima Coal - Indonesia
- Siam City Cement - Thailand
- Agrawal Coal Company - India
- McConnell Dowell - Australia
- European Bulk Services B.V. - Netherlands
- Interocean Group of Companies - India
- Star Paper Mills Limited - India
- Attock Cement Pakistan Limited
- Parliament of New Zealand
- TeaM Sual Corporation - Philippines
- Intertek Mineral Services - Indonesia
- Madhucon Powers Ltd - India
- Malabar Cements Ltd - India
- VISA Power Limited - India
- Timah Investasi Mineral - Indoneisa
- Pipit Mutiara Jaya. PT, Indonesia
- Indonesian Coal Mining Association
- Coalindo Energy - Indonesia
- Orica Australia Pty. Ltd.
- Billiton Holdings Pty Ltd - Australia
- Dong Bac Coal Mineral Investment Coporation - Vietnam
- Directorate General of MIneral and Coal - Indonesia
- IEA Clean Coal Centre - UK
- Energy Development Corp, Philippines
- Carbofer General Trading SA - India
- Bangladesh Power Developement Board
- Asmin Koalindo Tuhup - Indonesia
- Dalmia Cement Bharat India
- Eastern Coal Council - USA
- Offshore Bulk Terminal Pte Ltd, Singapore
- Aboitiz Power Corporation - Philippines
- Asia Pacific Energy Resources Ventures Inc, Philippines
- Xindia Steels Limited - India
- Grasim Industreis Ltd - India
- Global Business Power Corporation, Philippines
- Karaikal Port Pvt Ltd - India
- Australian Coal Association
- Sarangani Energy Corporation, Philippines
- Electricity Generating Authority of Thailand
- Sree Jayajothi Cements Limited - India
- Petron Corporation, Philippines
- Cement Manufacturers Association - India
- Iligan Light & Power Inc, Philippines
- Filglen & Citicon Mining (HK) Ltd - Hong Kong
- London Commodity Brokers - England
- Singapore Mercantile Exchange
- Bharathi Cement Corporation - India
- Barasentosa Lestari - Indonesia
- Truba Alam Manunggal Engineering.Tbk - Indonesia
- Borneo Indobara - Indonesia
- GN Power Mariveles Coal Plant, Philippines
- Alfred C Toepfer International GmbH - Germany
- Lanco Infratech Ltd - India
- International Coal Ventures Pvt Ltd - India
- Romanian Commodities Exchange
- Oldendorff Carriers - Singapore
- Neyveli Lignite Corporation Ltd, - India
- Gujarat Mineral Development Corp Ltd - India
- South Luzon Thermal Energy Corporation
- Posco Energy - South Korea
- Directorate Of Revenue Intelligence - India
- Price Waterhouse Coopers - Russia
- Simpson Spence & Young - Indonesia
- Kapuas Tunggal Persada - Indonesia
- Bayan Resources Tbk. - Indonesia
- Baramulti Group, Indonesia
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