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Superyacht dispute offers guidance on applicable jurisdiction

Superyacht dispute offers helpful guidance on applicable jurisdiction
Superyacht dispute offers helpful guidance on applicable jurisdiction

In an important decision handed down, the Commercial Court accepted that it had applicable jurisdiction to hear claims arising out of the loss of a superyacht which had fallen from the deck of a transporting vessel in heavy weather conditions.

The Italian owner of the yacht had brought proceedings in Italy, despite having signed a contract containing an exclusive applicable jurisdiction clause in favour of the English courts, asserting that as a consumer he was entitled to sue in the courts of his own domicile. Continue reading “Superyacht dispute offers guidance on applicable jurisdiction”

Insurers pinpoint the complex causation of container casualties

Haphazardly placed containers on a shipA webinar organised by the Thomas Miller managed insurance mutuals, container freight specialist TT Club and protection & indemnity insurer, UK P&I Club, revealed the diverse range of factors important to safe container ship operations and the security of the container stacks they carry. ‘Container Casualties – the sum of the parts’ looked in detail at the complex range of moving parts involved in these operations and concluded that each must be considered individually and collectively in order to keep collapse of stow incidents to a minimum.

In chairing the session, UK P&I Club’s Loss Prevention Director, Stuart Edmonston set the scene, “Container loss incidents and container casualties attract attention. Overall, the industry loses a relatively small amount of roughly one unit per 160,000 carried but each loss has significance to a range of stakeholders, including the ship operators, cargo interests, insurers and, not least to the natural environment both at sea and on shore.”

A review of the webinar proceedings (https://vimeo.com/444176895) highlights the wide range of influences that can impinge on stack collapses on ships and the potential loss of containers overboard. Peregrine Storrs-Fox TT Club’s Risk Management Director took the lead in summarising these. “While adverse weather and the avoidance of it through to considered design and construction of container ships are clearly vital, the ‘moving parts’ of causation range through all aspects of container operations. TT Club is involved in all aspects of the container supply chain, but uniquely concentrates its energies on those factors considered within the Cargo Integrity campaign that have bearing on this type of casualty, such as the correct declaration of cargo mass as well as the safe packing and securing of the freight within the container, together with the container structure and maintenance.”

Ship-board factors run from proper inspection and regular maintenance of deck fittings, locking bars, twistlocks and lashing bridges, to the use of accurate data to predict parametric rolling and other ship motions, and the incidence of a so-called ‘stiff ship’ situation, at the design and construction stage. Neil Gardiner of casualty investigators, Brookes Bell lead the discussion on this area of causation. “In addition to taking into account the bending motions of ships in heavy seas in the design of, particularly, the larger container ships of today, operational prevention of isolated and unnecessarily high stacks coupled with high GMs should be prioritised,” advised Gardiner. “The whipping action that ships often experience can have a significant effect on high and isolated container stacks that may have been left between interim discharge/load ports to avoid restowing.”

From the legal perspective Tom Starr, Senior Claims Director at UK P&I pinpointed the difficulties in establishing causation and liability. “The very nature of the modern container shipping industry, the very large and sophisticated ships and the involvement of numerous parties means that evidencing seaworthiness, proper stowage and the cause of a casualty is a huge challenge,” explained Starr. “Add to this the variable investigation standards of flag states in conducting official investigations; it may be unsurprising that lessons learnt for the future can be speculative.”

MCA detains six fishing vessels in safety effort due to breaches of legislation

Fishing vessels detained: Zara Annabel (pictured) has been detailed by MCA surveyors
Fishing vessels detained: Zara Annabel (pictured) has been detailed by MCA surveyors

The Maritime and Coastguard Agency has detained a further UK flagged fishing vessel following its failure to get its mandatory intermediate survey done in time. Owners of the scallop dredger, Zara Annabel, have been served with the notice to ensure the vessel makes for the nearest suitable port and to notify the crew that its UK Fishing Vessel Certificate is no longer valid. It brings to a total of six the number of UK flagged fishing vessels detained by the MCA over the past two weeks after being found to be non-compliant with multiple areas of legislation under the Merchant Shipping Act.

The Olivia Jean was detained by MCA surveyors at Fraserburgh in Aberdeenshire on 31 July. Earlier in the Continue reading “MCA detains six fishing vessels in safety effort due to breaches of legislation”

Safety measures for yachts in polar waters in Cayman Maritime shipping notice

Cayman Maritime shipping notice
Cayman Maritime shipping notice

In May 2018, IMO MSC considered various proposals for safety measures for non-SOLAS ships operating in polar waters. Guidelines on Safety Measures were finalized by the Sub-Committee on Ship Design and Construction in February 2020 and were due to be adopted by MSC in May 2020. However, due to the COVID-19 pandemic, MSC did not meet in May 2020 and it is not known when the Guidelines on Safety Measures will be formally adopted at IMO. Cayman Maritime Shipping Notice has been issued referring to the Safety Measures finalised at IMO in February 2020 to Cayman Islands yachts of 300GT and above, not engaged in trade and operating in polar waters.

Cayman Maritime shipping notice highlights that firstly, it is important to confirm the suitability of pleasure yacht not engaged in trade to Continue reading “Safety measures for yachts in polar waters in Cayman Maritime shipping notice”

MOL Prestige engine room fire caused by poor maintenance reveals accident report

Effects of an engine room fireMaintenance related issues led to the engine room fire on board the container vessel MOL Prestige in Haida Gwaii, British Columbia (BC) in January 2018, the Transportation Safety Board of Canada (TSB) are revealed in its investigation report, now published.

On 31 January 2018, a fire broke out in the engine room of the 6,350 TEU MOL Prestige while the vessel, managed by Japan’s Mitsui O.S.K. Lines (MOL) was at sea 146 nautical miles SSW of Haida Gwaii. There were 22 crew Continue reading “MOL Prestige engine room fire caused by poor maintenance reveals accident report”

Tony Goldsmith named as new Head of Marine & Trade by Hill Dickinson

Tony Goldsmith picturedTony Goldsmith has been appointed as Head of Marine and Trade at UK headquartered international law firm Hill Dickinson. Tony Goldsmith is a former seagoing master mariner who joined Hill Dickinson in 1993 and became founder and managing partner of the firm’s Singapore office when it opened in 2009. He will succeed the firm’s current Head of Marine, David Wareing, who is due to retire in the autumn having held the position since 2017.

“I am absolutely delighted to be taking over the helm from David, with the full support of the team,” said Goldsmith. “Our Marine Group has benefited hugely from David’s wise stewardship, helping to reinforce our position as an industry leader in the many sectors for which we are known. There are exciting and challenging times ahead as the world emerges from lockdown, and it is a privilege that I have been entrusted to take over the baton.”

Hill Dickinson chief executive Peter Jackson said: “Tony Goldsmith is hugely respected as a maritime law specialist, Continue reading “Tony Goldsmith named as new Head of Marine & Trade by Hill Dickinson”

AMSA issues a safety alert on fixed fin stabilisers

Incorrect installation of fixed fin stabilisers can cause serious issues says AMSA
Incorrect installation of fixed fin stabilisers can cause serious issues says AMSA

The Australian Maritime Safety Authority (AMSA) has issued a safety alert to raise awareness of the risks associated with the use of fixed fin stabilisers on fishing vessels. It is important to note that incorrect use of fixed fin stabilisers can lead to an accident and even cause a vessel to capsize. Fixed fin stabilisers are also sometimes referred to as batwing stabilisers, anti-roll fins, fixed-arm stabilisers, passive-fin stabilisers, and fixed fins. They are designed to dampen, or reduce, the roll of a vessel, giving it a more comfortable ride in rough weather and possibly even making the vessel run truer. Once installed, fixed fin stabilisers are designed to be lifted up at certain times, such as when operating in shallow waters, crossing a bar, and berthing. Failure to do so carries serious risk. While these stabilisers improve comfort by reducing erratic movement and minimising the roll of a vessel in rough seas, it is of paramount importance to note that they do Continue reading “AMSA issues a safety alert on fixed fin stabilisers”

The importance of manifold and first foot samples at load ports

Person in a hazmat suit looking through a microscope - importance of manifold and first foot samples
importance of manifold and first foot samples

Following the standard tanker practices of sampling when loading petroleum products could save owners millions of dollars in claims and save loss of time and ensuing losses for charterers and shipowners says P&I Club, Gard. When it comes to dealing with liquid cargo contamination claims, the majority of the losses could have been avoided if the vessel had followed basic tanker seamanship practice. Gard has previously highlighted the importance of manifold samples as the multimillion dollar samples for tankers. This alert focuses on the importance of the manifold and first foot samples, and the lessons learnt from cases arising in the Black Sea ports. A recent notification from Gard’s correspondents, Novorissiysk Insurance Company Nostra Ltd., highlighted several cases of flash point depression in gasoil Continue reading “The importance of manifold and first foot samples at load ports”

ABS and Samsung Heavy progress with 3D model based surveys

Several men holding a sign saying 'Leading the way in 3D Model Based Engineering' - 3D model based surveys could be the way of the future to reduce paperwork
3D model based surveys could be the way of the future to reduce paperwork

Classification society ABS and shipbuilder Samsung Heavy Industries (SHI) have signed a new joint development program (JDP) agreement to develop 3D model based surveys.

The signing of the new agreement follows development of a paperless 3D model-based design and review process that completed a JDP signed at Gastech in Houston, Texas, in September 2019.

The project now moves into the next phase now with pilot 3D model based surveys of an LNG carrier.

“We are excited to be extending this technology to Class survey to further demonstrate reduction of paper documentation is feasible,” said Continue reading “ABS and Samsung Heavy progress with 3D model based surveys”

Targeted container ship inspection campaign launched by AMSA

Due to a number of recent events AMSA is launching a targeted container ship inspection campaign
Due to a number of recent events AMSA is launching a targeted container ship inspection campaign

The Australian Maritime Safety Authority (AMSA) is launching a focused container ship inspection campaign targeting cargo securing arrangements on container ships visiting Australian ports. This inspection campaign is being initiated in response to several serious incidents involving shipping containers lost overboard recently.

Incidents like the losses of 81 containers off Newcastle by the YM Efficiency in 2018, 50 containers off Wollongong by the APL England in May and three containers from the Navios Unite off Cape Leeuwin in June have caused significant environmental damage to Australia’s iconic marine and coastal environment have made this container ships inspection campaign necessary. These events affect the livelihoods Continue reading “Targeted container ship inspection campaign launched by AMSA”

Clean Cargo report shows reduction in CO2 emissions for container shipping

Cargo ship being loaded up - Clean Cargo report shows reduction in CO2 emissions
Clean Cargo report shows reduction in CO2 emissions

According to a new report by Clean Cargo, carbon dioxide emissions from 17 of the world’s leading ocean container carriers, representing approximately 85 percent of global containerized shipping, continued to fall in 2019. Global industry averages for CO2 emissions per container per kilometer decreased by 5.6 percent and 2.5 percent for Dry and Reefer (refrigerated) indexes, respectively. The annual report indicates that container shipping continues to improve its fleet-wide environmental efficiency whilst ensuring the smooth functioning of global trade.

Continue reading “Clean Cargo report shows reduction in CO2 emissions for container shipping”

Allianz Safety and Shipping Review 2020 published

A capsized ship in the sea surrounded by smaller ships - The 2020 Allianz Safety and Shipping Review shows a decrease in shipping losses last year
The 2020 Allianz Safety and Shipping Review shows a decrease in shipping losses last year

The 2020 Allianz Safety and Shipping Review has been published and reveals an improving picture. Given the global shipping industry is responsible for transporting as much as 90% of world trade, the safety of its vessels is critical. The sector saw the number of reported total shipping losses of over 100GT decline again during 2019 to 41 – the lowest total this century and a close to 70% fall over 10 years. Improved ship design and technology, stepped-up regulation and risk management advances such as more robust safety management systems and procedures on vessels are some of the factors behind the long-term improvement in losses.

Continue reading “Allianz Safety and Shipping Review 2020 published”

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