The Maritime Advocate online–Issue 520

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IN THIS ISSUE

1. Performance Dispute
2. GUARDCON Launched
3. Casualty Management Guidelines
4. CargoNet Sounds Alarm
5. Piracy Update
6. People and Places

Broadly Boats News

Broadly Risks

Firetrench Directory

Specialists within the international shore based maritime recruitment sector and with offices in London and Singapore, Halcyon Recruitment have a number of opportunities available for experienced P&I professionals in London and the Far East and a particularly strong demand for individuals with 3-5 years P&I/FD&D claims handling experience. Your confidentiality is assured when speaking with our highly trained consultants who all have previous front line experience within the maritime sector. For more information or to arrange a confidential discussion, please contact

Cara Carter in our London office ( +44 (0) 20 7717 8686) at:

cara@halcyonrecruitment.com

or Janie Kristensen in our Singapore office (+65 6631 2825) at:-

janie@halcyonrecruitment.com

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Update on FOB Network

The number of people joining FOB has risen to 2676.

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 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. FOB is the network with maritime manners.

You can comment on the news, join a group, initiate discussions and post items designed to inform, educate or amuse your peers in the industry.

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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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1. Performance Dispute

The latest case to be published in DMC’s CaseNotes is contributed by Jim Leighton of Hill Dickinson LLP in Singapore and relates to the decision of the English High Court in the case of Hyundai Merchant Marine Company Limited v Trafigura Beheer BV (The “Gaz Energy”). In this case the Court determined that the time charter provisions created an “all weathers” warranty of the vessel’s speed and performance, in that speed and performance was to be assessed throughout the entire period of the charter, and not limited to periods during which wind speed did not exceed Beaufort Scale 4.

The case reminds us of how performance clauses in charterparties continue to be a fertile source of litigation in an era of fluctuating fuel prices, especially where long term charters are involved. Read the note here:-

http://www.onlinedmc.co.uk/index.php/Hyundai_Merchant_Marine_v_Trafigura_-_the_Gas_Energy

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2. GUARDCON Launched

The week saw the announcement by BIMCO of the publication of the GUARDCON standard contract for the employment of security guards on vessels:-

“This brand new contract has been developed to provide ship owners and private maritime security companies (PMSC) with a clearly worded and comprehensive standard contract to govern the employment and use of security guards, with or without firearms, on board merchant vessels. While BIMCO would not like to see the use of armed security guards on ships becoming institutionalised, it recognises that while the industry awaits a more permanent long term solution, armed guards currently provide an effective deterrent to piracy attacks.”

According to BIMCO Deputy Secretary General, Søren Larsen, “GUARDCON has been drafted in just a little over three months by a small group of experts drawn from ship owners, underwriters, P&I Clubs and lawyers with first-hand experience of working with contracts for security services. The speed at which GUARDCON has been drafted is a considerable credit to the drafting group whose members devoted many long hours free of charge to the project.”

The members of the drafting team are Tor Langrud, Wilhelmsen, Norway (Chairman); Daniel Carr, Stolt-Nielsen, USA; Chris South, West of England P&I Club; Andrew Moulton, Ascot Underwriters; Stephen Askins, Ince & Co; and Elinor Dautlich, Holman Fenwick Willan.

[This model contract shows how the industry can be both tardy and responsive, sluggish yet public spirited. The sudden emergence of armed security within an industry on the whole inclined to be unarmed and peaceable has left many E&O insurers scratching their heads. Insuring the men with clipboards has long been considered a mainstream marine risk. Less so the men with the burp guns. The insurance clause has a “knock for knock” provision and a minimum limit of $ 5 million is specified–ed]

The firm of Ince & Co has published a handy commentary on this new document:-

http://tinyurl.com/Guardcon

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Sample copies of the GUARDCON contract, with detailed Explanatory Notes, and the Guidance on the Rules of the Use of Force can be obtained through BIMCO

http://www.bimco.org

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No sooner was this BIMCO announcement out than Messrs Sea Marshalls e-mailed this press release:-

International maritime security specialist Sea Marshals Limited is pleased to announce it is the first company to gain insurance which complies with BIMCO’s new Guardcon standards.

Launched this week, BIMCO’s Guardcon provides an industry standard contract for the employment of security guards on ships. In particular it addresses concerns over the relationship between the Master and the Head of the Security team on board a vessel.

Having demonstrated its compliance with the new Guardcon standards, Sea Marshals has become the first security company to obtain an insurance policy which complies with the new requirements. The company signed documents for the policy at the end of last week to ensure it was already in compliance with Guardcon before its industry launch.

Thomas Jakobsson, Chief of Operations for Sea Marshals said: ‚Sea Marshals has worked hard to make sure we comply with Guardcon. Guardcon gives the whole industry a standard contract when using guards onboard ships. It specifies many things that a security provider has to live up to and has set a minimum standard for insurance. This ‘minimum standard’ is much higher than most security providers currently offer but we are pleased to have secured insurance to make sure that we comply with all the regulations in the new Guardcon contract from the very first day].

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3. Casualty Management Guidelines

Casualty Management Guidelines by The Nautical Institute and the International Salvage Union, £20; ISBN: 978 1 906915 39 1

To the Institute of Directors in Pall Mall we go, the second time in a week, to attend the launch of this book, the event well attended and coinciding with the International Salvage Union’s Associate Members’ Day in London. The editor, John Noble has been the dean of the industry for some considerable time and he has gathered together a range of contributors and editors of considerable stature. The Guidelines aim to provide practical guidelines to help seafarers during a casualty. The book nods in many modern directions, being laconic, containing checklists and helpful summaries and many arresting illustrations and pictures. So many people and units descend on a modern casualty. The illustration on pp 92-93 show how the master is liable to confront demands which can be confusing, contradictory, unclear or a combination of all three. We think the book should be essential reading for anyone liable to enter the traumatic arena of casualty in this age of very large ships and environmental, criminal and political dimensions to match.

http://www.nautinst.org/pubs

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4. CargoNet Sounds Alarm

Our good friends over at the Cargo Letter, published by the LA firm of Countryman & McDaniel report how the source for cargo theft information said it recorded 1,215 cargo theft incidents last year, 17% more than the 1,035 in 2010. Its annual report said 116 incidents involved base metals, 229 electronics, 105 apparel & accessories, and 200 prepared foodstuffs and beverages. Most cargo theft incidents occurred on Fridays (227), Saturdays (202) & Sundays (198) at locations such as truck stops, carrier/terminal lots and unsecured parking lots. The report said 85% of the reported cargo thefts took place in 10 states, and that municipalities containing a major port continued to be targets for cargo theft activities. Total estimated U.S. cargo related theft loss value in 2011 is approximately US$130,000,000. The greatest number of thefts took place in California, Texas, Florida, New Jersey& Illinois. Read 2011 U.S. Cargo Theft Report in PDF format.CargoNet Sounds Alarm ….. as the source for cargo theft information said it recorded 1,215 cargo theft incidents last year, 17% more than the 1,035 in 2010. Its annual report said 116 incidents involved base metals, 229 electronics, 105 apparel & accessories, and 200 prepared foodstuffs and beverages. Most cargo theft incidents occurred on Fridays (227), Saturdays (202) & Sundays (198) at locations such as truck stops, carrier/terminal lots and unsecured parking lots. The report said 85% of the reported cargo thefts took place in 10 states, and that municipalities containing a major port continued to be targets for cargo theft activities. Total estimated U.S. cargo related theft loss value in 2011 is approximately US$130,000,000. The greatest number of thefts took place in California, Texas, Florida, New Jersey& Illinois. Read 2011 U.S. Cargo Theft Report in PDF format.

http://www.cargonet.com/cargo_theft_reports/2011.pdf

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5. Piracy Update

Glen Forbes of OCEANUSLive has sent in the latest edition of his weekly update relating to piracy today. As comprehensive as you would like and free of the rhetorical traits sometimes apparent in the communications of others in this field. Here is a summary:-

Hard-hitting Week: Seafarers hit hard as four vessels hijacked in two days, including the first hijack in Maldivian waters. EU forces disrupt two pirate groups whilst Iran Navy claims shoot out with pirates. Somaliland law changes sees pirates taken into custody, easing the Seychelles burden, and a US court hands down a life sentence to a yacht pirate. Nigeria and Benin declared high risk as kidnapped crew members are released. Pakistani negotiator claims to have agreed terms for crew release. Focus back on maritime security firms; BIMCO announces publication of GUARDCON. Hard work still required to combat piracy; China maintains naval presence off Somalia as Russia looks to increase cooperation with NATO. Not paying ransoms will adversely affect seafarers. Indian seafarers and families seek government action. Indian and Filipino seafarers held hostage increases once more. South African couple are ‘alive’. Bahamas joins the Washington declaration. USCG journal ‘Proceedings’ on Combating Piracy. Salvors praised by former IMO Secretary General.

Read the edition in full here:-

http://us4.campaign-archive2.com/?u=eff92c4124a86ce15ee04f687&id=6a32f9590a&e=be31acda93

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6. People and Places

GCP Capital Partners has acquired Garrets International Limited the international provider of marine catering management for the commercial shipping industry. Derrick Samms founded Garrets in 1991 and has since pioneered the market for outsourcing of catering services for the merchant navy. Garrets provides its customers with a range of services including provisions supply, stock keeping, quality control and chef training and support.The business has grown rapidly over recent years and today manages a fleet of 750 vessels from its head office in Romford, making it the clear market leader. The company was recently featured in the Sunday Times International Track 100 as one of the UK’s fastest-growing international companies.

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GLOBAL supply chain operator CEVA Logistics has announced the appointment of Franck Chevret as senior vice president for France

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First Response

A firefighter was working on the engine outside the Station, when he noticed a little girl nearby in a little red wagon with little ladders hung off the sides, and a garden hose tightly coiled in the middle.

The girl was wearing a firefighters helmet.

The wagon was being pulled by her dog and her cat.

The firefighter walked over to take a closer look. ‘That sure is a nice fire truck,’ the firefighter said with admiration.

‘Thanks,’ the girl replied.

The firefighter looked a little closer.. The girl had tied the Wagon to her dog’s collar and to the cat’s testicles.

‘Little partner,’ the firefighter said, ‘I don’t want to tell you how to run your rig, but if you were to tie that rope around the cat’s collar, I think you could go faster.’

The little girl replied thoughtfully, ‘You’re probably right, but then I wouldn’t have a siren.’

[Source: Frazer Hunt]

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Sheltering Sex

Mrs. Murphy is looking for the grave of her late husband (a notorious criminal) as it has been a while since she was there. She goes to the cemetery’s management office and says, “I am looking for my husband’s grave.”

“Ok madam”, says the director. “What was his name?”

“John Murphy,” she answers.

He looks through his large book for quite a time and says “sorry there are no John Murphy’s in our cemetery, nothing but one Mary Murphy.”

The woman brightens up and says, “Of course that’s it; everything was in my name.”

[Source: Paul Dixon’s Joke-of-the-Day Zine]

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