IN THIS ISSUE
1. Changes introduced in the Arrest Convention 1999
2. Crew Member Claims Not Falling Within Arbitration Clause
3. Electronic Bills of Lading
4. About the Maritime Advocate–From our Latest Circular to Advertisers
5. The Future of Urban Mobility
6. People and Places
Broadly Boats News
Firetrench Directory
Update on FOB Network
Many interesting people are joining FOB. To name a few:-
Maritime lawyer Judith Pastrana in London
Maritime lawyer Alex Vanderlinden of Ince & Co
Shipping writer Gavin van Marle
Insurance Broker Gary Cheng
Maritime mutual IT pioneer Mark Holford
Ship Agent Tom Rueter in Alaska
Communications Coordinator Sheila Armstrong
You can see who is joining FOB by country and by occupation by using the search windows on the People page, the most popular page on the site, which does bear a passing resemblance to another well known and much more generalist networking site.
FOB is growing nicely and has over 2068. members. It offers a unmuddled approach to networking in the maritime, transport and risk areas, with small general subject groups. We moderate the site, but there have been very few cases where we have had to ask a member to give order. The FOB news page, together with the Maritime Advocate and its sister publication Bow Wave helps our members’ news to go viral.
The 2000th joiner of FOB is Turkish lawyer Ozge Buyuksemerci
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Registration is gratis for individuals. Businesses can take out a page for a small supporting contribution and we welcome firms prepared to sponsor Group pages or advertise with us. This helps to keep FOB a going concern and puts a smile on the face of our programmers and accountants..
FOB is a project designed to adapt the new ways of using the internet for the sorts of people who read The Maritime Advocate.
You are welcome to join
http://www.fobnetworking.com
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This space is available to advertisers and those with job vacancies. See Item 4 below.
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1. Changes introduced in the Arrest Convention 1999
Bob Deering and Jonathan Reese, writing in the Ince & Co Shipping E-Brief remind us that the 1999 Arrest Convention came into force on 14th September 2011, having finally been ratified by the requisite ten countries. They remark that this process took over 12 years and reflects the lukewarm reception that the Convention has received from the international shipping community.
The 1999 Arrest Convention contains some notable changes to the 1952 Arrest Convention. Firstly, the list of claims for which arrest is possible has been significantly expanded. Under the 1952 Convention there are 17 categories of claim which can give rise to a right of arrest. Under the 1999 Convention there are 22 categories, with bottomry having been removed and 6 new heads of arrest having been added. Whilst the list in the 1952 Convention is closed, the list in the 1999 Convention contains one category (Article 1(d) – environmental damage) which is somewhat open-ended. In view of the difficulties inherent in defining all possible forms of environmental damage and related costs, this subparagraph lists examples of the type of damage which it envisages and concludes with the open words “…and damage, costs, or loss of a similar nature…”.
Under the 1999 Arrest Convention, in addition to the claims listed in the 1952 Arrest Convention, it is possible to arrest ships in respect of:
damage or threat of damage to the environment
wreck removal
port, canal and pilotage dues
unpaid insurance premiums
unpaid commissions, brokerages and agency fees
disputes arising from contracts for sale of the ship
Unlike the 1952 Convention, the 1999 Arrest Convention allows claimants multiple opportunities to secure their claims. Under Article 5, a claimant can re-arrest a ship after it has been released, and has the option of arresting multiple ships, in order to top up the security for his claim. The right to re-arrest or to arrest multiple vessels arises only when:
the security already provided is inadequate (in the case of re-arrests, the security can never exceed the value of the vessel in question); or
the person who provides the security is not, or is unlikely to be able to, fulfil its obligations; or
the ship or the original security was released either with the consent of the claimant acting on reasonable grounds or because he could not by taking reasonable steps prevent the release.
These are important provisions. They are not, therefore, something which a claimant is likely to be willing to contract out of lightly. The traditional wording of letters of undertaking would remove these rights from the claimant’s armoury. It seems likely that claimants arresting in jurisdictions applying the 1999 Arrest Convention will seek to reserve their rights under Article 5 in any letters of undertaking or other agreements relating to the release of a vessel. It is difficult to see how a defendant, when providing security in order to have their vessel released, can reasonably refuse a claimant the right to subsequently top up this security under the circumstances envisaged by the Convention. In the absence of agreement between the parties as to the adequacy of the security provided, the Courts in the arresting jurisdiction shall determine the nature and amount of security required for the release of the ship. In the event of a disagreement between the parties regarding the right to further, future arrests, the Courts are likely to favour the claimants.
http://tinyurl.com/Arrest99
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2. Crew Member Claims Not Falling Within Arbitration Clause
Michelle Otero Valdés, writing in her Miami Shipping Law Blog reports how in Doe v. Princess Cruise Lines , 23 Fla. L. Weekly Fed. C439a (11th Cir. September 23, 2011), the Eleventh Circuit held that the trial court did not err in holding that a crewmember’s claims for false imprisonment, intentional infliction of emotional distress, spoliation of evidence, invasion of privacy, and fraudulent misrepresentation do not fall within scope of arbitration provision, where those claims contain allegations that do not arise from, do not relate to, and are not connected with parties’ crew agreement or services performed by plaintiff as bar server.
The Eleventh Circuit reasoned that such claims are not the immediate, foreseeable result of performance of parties’ contractual duties or plaintiff’s services as cruise line employee and are not within scope of arbitration clause, where claims involve factual allegations about how cruise line and its officials treated plaintiff after learning that she had been raped, including allegations that she was kept on the ship against her will, that she was prevented from getting medical attention off the ship, that her rape kit was destroyed in incinerator, and that her confidentiality as rape victim was intentionally violated.
However, the Eleventh Circuit also found that the district court erred by denying the cruise line’s motion to compel arbitration on remaining five claims which fall under either Jones Act or general maritime law applicable to seamen, or Seaman’s Wage Act, because those claims arise directly from plaintiff’s undisputed status as a “seaman” employed by cruise line and the rights that she derives from that employment status, and as a result fall within scope of arbitration provision.
:mmotero@houckanderson.com
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3. Electronic Bills of Lading
We had cause this last week to look into the current prospects of the electronic bill of lading. The leading proponent of this cause is undoubtedly Alexander Goulandris and ESS:-
Here is what we passed on about the functions of an eB/L:-
An eB/L must clearly replicate the core functions of a paper B/L, namely its functions as a receipt, as evidence of or containing the contract of carriage and, if negotiable, as a document of title. However, a paper B/L is much more than this: it is a document which, through usage and as a matter of custom, is versatile enough to allow traders to buy and sell cargoes internationally and often while in transit (this versatility includes the ability to change the B/L, for example, by changing the destination of the cargo or the volume to be discharged to a particular receiver). To be a true functional equivalent, therefore, an eB/L needs to replicate the existing attributes of a paper B/L in an electronic world, while ensuring that the eB/L is transferred at a faster rate than the cargo to which it relates, thereby eliminating or significantly reducing the current reliance on delivery LOIs.
So what is required to create a genuine eB/L? It must have three core attributes:
(a) Legal Framework: either through the current multipartite agreement route or, in future and subject to their widespread adoption, via the Rules, to ensure that the eB/L replicates the rights and obligations of the parties under a paper B/L. As part of this legal framework, any provider of an eB/L solution must ensure that its system meets all its users’ insurance requirements, particularly those of shipowners’ P&I insurance.
(b) IT Framework: the IT framework within which the eB/L exists must be secure. It is essential that there is only ever one original eB/L and one party which has control of that eB/L: no-one should be able to interfere with this right of control or with the integrity of the eB/L.
(c) Functional Framework: the eB/L must have the necessary range of functions:
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(a) the inherent functionality to allow the progress of an eB/L from issue to production in a manner similar to a paper B/L: this includes the ability to (i) endorse the eB/L to another party, transferring the right to possession of the cargo; (ii) provide a security interest in the cargo; (iii) ask for an amendment of the eB/L; and
(b) the novel functionality necessitated by its existence in electronic form: for an eB/L to be fully functional it must also be capable of being converted to paper, if, for example, the eB/L needs to be endorsed to someone who is not prepared to accept it in an electronic form or if it is required by a court.
Since January 2010, ESS’s CargoDocs™ Service has been live in certain trade routes. The closed system approach, which requires all users to sign up to a multiparty agreement, is therefore a current practical reality and can provide the shipping industry with the e-commerce solution. In the year ahead, ESS plans to rollout CargoDocs™ globally in crude, refined and chemical trades as well as entering liner and dry bulk shipping.
http://www.essdocs.com/
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4. About the Maritime Advocate–From our Latest Circular to Advertisers
Background
The Maritime Advocate has been appearing weekly since 2001. It is owned by Humphrey Hill and Sam Ignarski. Both are qualified English barristers who spent a large part of their careers working for Thomas Miller, first for the UK P&I Club and later as Regional Managers for the TT Club. The publication concentrates on the shipping, transport and risk world and has a worldwide readership in these fields. It is probably the largest publication of its kind in the world.
The publication appears each week. It is e-mailed to over 13,500 subscribers via the servers of Dundee.Net, a specialized broadcasting service based in Michigan. Subscriber addresses are kept up to date and addresses which block or refuse to accept the publication are removed from week to week. Most are deleted because the subscriber address has changed or the individual concerned has moved on.
The hand on rate for the publication is estimated conservatively at a factor of 3, giving a readership of round 40,000 each week. The e-zine is widely republished and circulated within individual offices on internal intranets.
Target Audience
The Maritime Advocate may be safely assumed to land in the offices of any organization concerned with issues of transport or maritime law, policy, casualty, claims, education, safety, loss prevention, risk management, insurance, standard trading conditions, environment, e-commerce, professional negligence, natural disasters and insolvency.
We have a small breakdown of Readers by domain which gives a good idea of the spread of Readers available on request.
Affiliation
The Maritime Advocate is a sister publication to the new FOB Network, a site aimed at the sort of people who read the Maritime Advocate which is dedicated to introducing the use of this new kind of connectivity to a somewhat conservative world. Also related is the weekly Bow Wave, Sam Ignarski’s plaintext e-zine which is more aimed at the general commecial world of marine insurance, which has been going since 1999 and which now has a subscriber base in excess of 16,000.
Advertisers
Many firms take out advertising banners in the Maritime Advocate. Others advertise jobs, conferences, products and campaigns. Some also sponsor subject groups on the FOB site. In this way it is possible to offer advertisers the ability to advertise their brands in general and to foster markets as well as to engage with a smaller, more specialized group of people within an FOB Group page.
contactus@afterofficehours.com
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5. The Future of Urban Mobility
The world’s population is increasingly city-based; 50% or 3.5 billion people currently live in urban areas and by 2050 this is expected to reach 70% of the population. Urban mobility is one of the toughest challenges that cities face and being able to get around urban areas quickly, conveniently and with little environmental impact is critical to their success. Many of the most accomplished cities in the world are port cities
We have been passed “The Future of Urban Mobility,” by the planners at global management consultancy Arthur D. Little which very ably assesses the mobility maturity and performance of 66 cities. The report highlights what is holding them back, shows the best strategic imperatives for cities and three clusters of future business models for mobility suppliers that will enable cities to meet the urban mobility challenge. Sitting in stalled traffic for hours at a time is not part of the winning formula.
Due to the vagaries of corporate firewalls, we are unable to attach this report to this message. Readers can download the report from the newspage of our new FOB Network at:-
http://www.fobnetworking.com
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6. People and Places
Fred Doll
We were very sad to learn this week that Fred Doll, 54, died of a heart attack on 25th October 2011. He was a good correspondent for many years, a nice man and a source of very good thinking on shipping. Bill Lines reminded us of Fred’s maritime life:-
Fred provided shipowners, banks and insurers with market analysis, strategic planning, and assistance with projects through Doll Shipping Consultancy. Prior to Doll Shipping Consultancy, he managed the consultancy
business at H. Clarkson & Company, the world’s largest shipbroker, from 1997 – 1999, and was appointed to the Board of Directors in July 1998.
A graduate of the State University of New York Maritime College with a BSc (Hons) in Marine Transportation, Fred sailed with Exxon Shipping Co. (now SeaRiver Maritime) from 1979 to 1986, gaining his Chief Mate’s license. He spent a four year sabbatical in Florence as a freelance writer and translator before being invited to rejoin Exxon.From 1990 until joining Clarkson, he worked with Exxon Company, International in New Jersey in several different capacities, analysing shipping projects, charters and sales; working with the Sumed pipeline; and developing shipping industry analyses. In his spare time, he achieved an MBA in Finance and International Business at the Stern School of Business of New York University.
He leaves behind a wife and a grown up son. The funeral takes place at 11am on 8 November at the Anglican church in Forest Row
blines@navigatepr.com
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Simon Schnorr has been appointed to the position of P&I team leader within Aon Global Broking Centre’s London Marine business unit. Schnorr will take on the new role with immediate effect and will report to Mark Cracknell, chief executive officer of Aon Marine UK. Schnorr’s appointment follows Steve Griffiths’ decision to pursue a career in underwriting starting in April next year.
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Halloween Specialist Vocabulary
Bobbing Apples:
What happens when you leave your bra off while running.
Boogieman:
Guy who passes time at a stoplight picking his nose.
Coffin:
What you do when you get a piece of popcorn stuck in your throat.
Frankenstein:
Hot dog and a mug of beer.
Full moon:
What your repairman reveals when he bends over to fix your fridge.
Goblin:
How you eat the Snickers bars you got for Halloween.
Invisible Man:
What a guy becomes when there’s housework to be done.
Also, see “Mr. Hyde.”
Jack O’ Lantern:
An Irish Pumpkin.
Jack the Ripper:
What Jack does to his lottery tickets after losing each week.
Mummy:
Who kisses the boo-boo after you scrape your knee.
Pumpkin Patch:
What a pumpkin wears when trying to quit smoking.
Skeleton:
Any supermodel.
Vampire Bat:
What Dracula hits a baseball with.
Witch:
See “Mother-in-Law.”
Zombie:
What you look like before that first cup of morning
[Source: Paul Dixon's Joke-of-the-Day Zine]
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The Nun’s Kiss
A cabbie picks up a nun. She gets into the cab, and the cab driver won’t stop staring at her. She asks him why is he staring and he replies, “I have a question to ask you but I don’t want to offend you.”
She answers, “My dear son, you cannot offend me. When you’re as old as I am and have been a nun as long as I have, you get a chance to see and hear just about everything. I’m sure that there’s nothing you could say or ask that I would find offensive.”
“Well, I’ve always had a fantasy to have a nun kiss me.”
She responds, “Well, let’s see what we can do about that: first, you have to be single and second, you must be Catholic.”
The cab driver is very excited and says, “Yes, I am single and I’m Catholic too!
“OK,” the nun says “Pull into the next alley.”
He does and the nun fulfills his fantasy with a memorable, not very nun-like kiss. But when they get back on the road, the cab driver starts crying.
“My dear child,” said the nun. “Why are you crying?”
“Forgive me sister, but I have sinned. I lied, I must confess, I’m married and I’m Episcopalian.”
“That’s OK,” the nun says. “My name is Kevin and I’m on my way to a Halloween party.”
[Source: Randy Cassingham's JumboJoke.Com]
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