The Maritime Advocate–Issue 750

Posted:

 

1 Milano Bridge – a bridge too far
2 Main engine damage – beware luboil starvation
3 A pilot’s perspective
4 COVID-19: charterparty matters
5 Demurrage claim time-barred?
6 Arbitration: virtually speaking
7 Mediation: Zoom into the new normal
8 A new journal joins our ranks
9 Stowaways by sea, not forgetting migrants
10 People and Places: Nobu Su and others

Plus: A poem, and a joke or two.


1. Roose+Partners’ Joanna Waterfall and Mark Meredith feature a collision involving the MILANO BRIDGE, gantry cranes and another berthed vessel on arrival into Busan.

Alarming video footage graphically illustrates the casualty as it happens. Unlike other transport modes, when a ship’s involved the event progresses at an excruciatingly slow rate. The video link is below, courtesy of Maritime Bulletin and complete with a suitably dramatic soundtrack!

Milano Bridge struck a number of gantry cranes at Busan New Port’s container terminal as well as colliding with the containership Seaspan Ganges which was berthed in the port. The 2018 built ultra-large containership, which had just arrived from Shanghai, was undergoing berthing operations under control of a local pilot, and being guided by tugs, when she came into contact with one of the port’s gantry cranes as she was manoeuvring to berth. The Milano Bridge initially struck crane No. 85 sending it crashing down to the ground, with part of the structure falling onto the stern of the vessel. She continued to move forward and came into contact with crane Nos. 81 and 84, pushing them both off their rails, leaving crane 81 at risk of collapse…

FULL ARTICLE:
http://rooselaw.co.uk/RoosePartners%20Casualty%20Newsletter%20-%20Edition%20367%20-%208%20April%202020.pdf

https://www.youtube.com/watch?v=5jWQ9PkEoIk


2. Risk focus: Main engine damage

Maritime Cyprus has flagged a paper from the Swedish Club on this subject. Main engine damage is expensive and all too frequent. Statistically a vessel will suffer between one and two incidents of main engine damage during its lifetime. Considering the costly consequences for owners, it is important to identify the main causes of this damage and examine how these can be prevented. Main engine claims account for 28% of all machinery claims and 34% of the costs, with an average claims cost close to US$ 650,000. Passenger vessels/ferries have the highest frequency with 0.066 claims per vessel a year. And vessels propelled by medium/high speed engines have a claims frequency 2.5 times higher compared with slow speed engines. Lubrication oil related failure is the most common cause of damage while the most expensive is on crank shaft/bearings with an average cost of US$ 1.2m per claim.

FULL ARTICLE:
https://maritimecyprus.files.wordpress.com/2020/04/main-engine-riskfocus.pdf


3. A UK Pilot’s perspective of seafarer’s challenges.

Port of London Authority marine Pilot, Ms Ivana Carrioni-Burnett, provides an insightful personal opinion into her recent experiences in UK waters as a newly qualified Pilot in relation to her interactions with seafarers away from their families, including during the COVID-19 crisis.
The post appeared first on Human Rights At Sea.

FULL ARTICLE:
https://www.humanrightsatsea.org/2020/04/13/op-ed-a-uk-marine-pilots-perspective-of-seafarers-challenges/


4. COVID-19: Charterparty matters for shipowners – Skuld

Whilst the plight of cruise ships, stranded offshore with sick passengers and crew may be dominating media headlines, the current COVID-19 pandemic is having a significant effect on the shipping industry as a whole. This article first explores owners’ rights to refuse to call at a port which is affected by the virus, before examining the rights, obligations and liabilities of owners under charterparties in the context of delays at loading and discharging ports.

Can owners refuse to comply with charterers’ orders? Owners may be concerned that proceeding to a particular port could expose the crew to COVID-19, thereby endangering their health. The crew themselves may express concerns and indeed there have been recent reports in the industry press of a crew refusing to berth and allow stevedores on board the ship due to their fears of coming into contact with the virus.

FULL ARTICLE:
https://www.skuld.com/topics/people/diseases/coronavirus/covid-19-charterparty-matters-for-shipowners/


5. Lisa Meller of Reed Smith reports on Tricon Energy Ltd v. MTM Trading LLC, Queen’s Bench Division, Commercial Court

Summary Charterers successfully appealed an arbitration award under section 69 Arbitration Act 1996 on the basis that Owners did not submit all supporting documents for a demurrage claim within the 90-day time bar under the charterparty. Mr Justice Robin Knowles ruled that as the calculation of demurrage was pro-rated under the charterparty where another parcel…
 
FULL ARTICLE:
https://www.shiplawlog.com/2020/04/22/tricon-energy-ltd-v-mtm-trading-llc-2020-ewhc-700-comm-queens-bench-division-commercial-court-mr-justice-robin-knowles-cbe-23-march-2020/


6. The London Maritime Arbitrators Association’s Daniella Horton writes:

Given the current restrictions on movement, virtual meeting technology has suddenly become of widespread interest and is being readily adopted by old and young, the tech-savvy and not alike. In 2016, an enquiry was made at the LMAA AGM of that year whether the Association had considered holding the AGM virtually. An idea unimaginable just a few years ago.

And yet wholly unforeseen circumstances have now brought about just that: the LMAA’s first virtual AGM, which will take place on 20 May 2020. In the meantime, LMAA arbitration business, in particular oral hearings, continues to take place virtually.  In this regard, I attach guidance which the LMAA has issued recently, which might be of interest to your readers.

FULL ARTICLE:
https://themaritimeadvocate.com/wp-content/uploads/2020/04/COVID-19-Arbitration-Hearings.pdf


7. Jonathan Lux of Lux Mediation shows the benefits of E-dispute resolution in “World War C” and the ongoing resolution of maritime disputes.

Mediation has particular advantages where there are relationships to preserve and this tends to be the case with longer term supply contracts, charter-parties, contracts of affreightment, ship repair and shipbuilding contracts. However, even where the relationship is not a major factor the speed, economy and left-field solutions which Mediation offers make it a good candidate for the resolution of all maritime disputes.

Online or e-dispute resolution has long been a beneficial  option  for resolving business disagreements, even before the spread of COVID-19. With the current disruption and bans on travel and meetings in many countries, using remote mediation means that companies still have a way to solve problems and move their businesses on.

There are different platforms which can be used for meetings and hearings. Zoom is a widely trusted option, allowing as many parties as necessary to see and hear each other and to share documents, either via computer or other smart device.

The mediator will be in control of the set-up of all Zoom meetings and can control who attends each meeting and ensure that no Zoom recording is made. They will also use the platform to speak confidentially to any co-mediator or observer who may be involved.

The mediator can also arrange for meetings for parties who may want to converse privately between each other, without the mediator being present…

FULL ARTICLE:
https://www.lux-mediation.com/e-dispute-resolution-and-world-war-c/


8. We learn of a new addition to the canon of maritime publications: The International Journal of Maritime Crime and Security (IJMCS) is the first high-quality multi/interdisciplinary journal devoted to the newly identified field and academic discipline of maritime security and to the study of maritime crime, Editor, Lars H Bergqvist tells us.

The latter has been neglected, as the scientific study of crime has remained essentially landlocked. The Journal is covering the following, broadly constructed and interpreted, disciplines as they relate to maritime security: economics, environmental studies, global governance studies, anthropological and cultural studies, human factors and psychology, security, criminology and crime science, cyber security, international and national law (Maritime Law, Law of the Sea and National Jurisdictions), political and policy perspectives, strategic security and war studies, naval and maritime history as they relate to current issues, maritime crime, including cyber-crime, fraud, piracy and armed robbery at sea, Illegal, Unregulated and Unreported (IUU) Fishing, smuggling, people trafficking, illegal immigration, stowaways and pollution, disaster management and resilience at sea and in littoral areas. ‘Maritime Security’ includes port facility, offshore platform and undersea resource extraction security – not just ships.

FULL ARTICLE:
http://www.ijmcs.co.uk/about


9. The Nautical Institute is publishing a fully updated edition of its handbook Stowaways by Sea, to which has now been added ‘and Rescue of Migrants’, taking into account many of the changes that have happened since the first edition came out in 2012.

The author, Steven Jones, has updated most of the text and added new case studies, which could be useful for onboard training sessions. A reminder about the need for crew encountering migrants or stowaways to take appropriate precautions to minimise the risk of picking up an infectious disease, has also been added. As ever with the NI’s books, this handbook’s primary aim is to keep seafarers safe.


10. People and Places

TradeWinds’ Holly Birkett has been following the fascinating case of shipowner, Nobu Su tenaciously as summarised here.

Former head of Taiwanese shipowner Today Makes Tomorrow (TMT), Su walked free from prison on 9 April after serving 12 months of his 21-month sentence. Su, who was jailed for contempt of court, has claimed he can assist in finding a cure for Covid-19. But  he has been ordered to stay in the UK until further notice, ahead of another court hearing.

Cypriot shipowner Polys Haji-Ioannou, who is chasing Su for payment of a $60m judgment debt, made an application for Su’s jail time to be continued, but this was denied on Wednesday by Judge David Foxton, according to a written judgment. However, Foxton ruled that Su is still considered a flight risk. Su has suggested that he has “no motivation” to flee the jurisdiction, but has also made submissions that he is concerned for his mother, who lives in Tokyo. Foxton ordered that Su must stay in England and make daily check-ins with police in London. TradeWinds understands that Su will be staying with a contact from the shipping industry.

Jonathan Cooke has been appointed as a Director at Mills & Co solicitors in Newcastle.  Jonathan joined the firm as a trainee in 2008, qualifying in 2010. Since then, Jonathan has gained a broad range of experience advising on bill of lading, charterparty and commodity disputes. Recently, he has been involved in a number of complex casualties with multi-jurisdictional aspects.

CJC appoints two new directors
CJC has appointed two new Directors, following the promotion of London-based Senior Associates Duncan Ealand and James Clayton, the appointments taking effect from 1 May. Both bring considerable insight to their new roles and exemplify the firm’s readiness to promote young talent from within.

James “Jim” Kline joins Martin & Ottaway
James “Jim” Kline, USCG (Ret)., has joined the firm as an engineering and surveying consultant.
The firm provides engineering, operational, and financial analysis/ship valuation services to the worldwide maritime community.  Each year the firm performs hundreds of projects related to new construction, ship surveys, forensic analysis, new technology development, and regulatory consulting.
Kline recently retired from a 25-year career at the United States Coast Guard (USCG) culminating in his posting as a master marine inspector in USCG District 1.

Dominique White writes with permission from Fernando Meana’s family to inform us that he passed away on Thursday 9th April. “I worked as his secretary from the year 2000 until his retirement in December 2014 at the age of 79. He often joked that he hired me to work at the firm because he wanted a Geordie in his team. Newcastle was the only city he would regularly visit in the UK, apart from London, because of clients such as The North of England P&I club and Mills & Co”.

Dominique has written the attached eulopgy which is being circulated by the Spanish Association of Maritime Law (Asociación Española de Derecho Marítimo).

https://themaritimeadvocate.com/index.php/articles/a-eulogy-to-fernando-meana-green/
Please notify the Editor of your appointments, promotions, new office openings and other important happenings: contactus@themaritimeadvocate.com


Our Invisible Seafarers

While carrying out a coronavirus survey with members of the Hon. Company of Master Mariners, highlighting the invisibility of seafarers’ essential role in keeping the global supply chain working, Steve Cameron was inspired to pen the following lines:.

For all British Seafarers stuck at sea during the Corona Virus Pandemic

When we go to the shops with all the food on the shelves,
We buy what we want, in sixes and twelves.

For the strawberries and others, we buy out of season,
We expect them to be there, on the shelves without reason.
Anchor butter from New Zealand, via the Panama Canal,
After a month at sea, arrives with us, somehow.

There is our fish caught at sea, in treacherous storms,
By fishermen, whose risks they consider the norm.
Or the meat and the wheat, from Argentina,
And, tinned tomatoes via the Straits of Messina.

Working months at sea for the global supply chain,
Our invisible seafarers through the wind and the rain,
Keep our supermarkets supplied and fulfill our needs.
Ensuring our children their regular feeds.

Surrounded by water here on the British Isles,
It’s the seafarers’ efforts, that support our lifestyles.
Locked down by the virus, stuck at sea,
Missed at home by friends and family,
Their efforts unrecognised by you and me.

So next time you applaud all our front-line staff,
Who work so hard on our behalf,
Please try to make it just a little bit fairer,
And give recognition for the British Seafarer.

Stephen Cameron AFNI
Liveryman, Hon. Company of Master Mariners
Freeman City of London.
CMR www.cmrsupport.copm


And finally, courtesy of Paul Dixon…
The one thing that unites all human beings, regardless of age, gender, religion, economic status or ethnic background, is that, deep down inside, we ALL believe that we are above-average drivers.

And things to say when your boss catches you sleeping:

5)”They told me at the blood bank that this might happen.”

4) “This is one of the seven habits of highly effective people.”

3) “Why did you interrupt me? I almost had our biggest problem solved!”

2)”Someone must have put decaf in the wrong pot.”

1)”Amen. Yes, may I help you?”


Thanks for Reading the Maritime Advocate online

Maritime Advocate Online is a fortnightly digest of news and views on the maritime industries, with particular reference to legal issues and dispute resolution. It is published to over 20,000 individual subscribers each week and republished within firms and organisations all over the maritime world. It is the largest publication of its kind. We estimate it goes to around 60,000 readers in over 120 countries.