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Introduction Experts from Jackson Parton Solicitors and Hardwicke will address the wide range of issues currently facing litigants who have been sued in a foreign jurisdiction in breach of a right to litigate or arbitrate in London.
Sharpening our focus on maritime business
The London Shipping Law Centre will be placing even greater emphasis on its role in marine business, following its move to the City of London and the assumption of a broader title to reflect its business and commercial activities.
Sponsored by Reynolds Technological Inquiries, an international maritime accident investigation business, and housed in the same offices at International House, 1, St. Katharine’s Way, the Centre is now known as: London Shipping Law Centre: Maritime Business Forum.
The Centre has built up a reputation for addressing the legal, regulatory, commercial and political issues affecting merchant shipping. It has contributed to multidisciplinary education in support of quality shipping, largely through educational events and debates.
Chairman Dr Aleka Mandaraka Sheppard reminded over 100 guests of the centre’s purpose at a celebratory reception in November: “Right at the outset, we referred to the need for co-ordinated action in the exchange of maritime information and knowledge by bringing various industry sectors together for structured and informal discussion. To a large extent, we have achieved that.”
The range of organisations and initiatives that have emerged in London and the rest of the UK since then to discuss maritime issues and promote London business amounts to “a recognition that organisations need to work together and collaborate.” Accordingly, the Centre will make a determined effort to work with such organisations right across the maritime sector. It aims to provide a London base for other maritime institutions committed to the advancement of maritime education and research.
Over the years, events programmes have provided a forum for multidisciplinary education with organisations and individuals learning from each other. “We blend the specialist knowledge of judges, lawyers, commercial operators, academics, regulators, insurers and ship professionals. By doing so, we promote the talents which exist across our industry… The Centre has led the way in raising awareness within the maritime industry about the importance of risk management in ship safety and shipping operations”.
The flagship Cadwallader debates have focussed on international issues such as terrorism, criminalisation, international conventions and regional legislation, harmonisation of conflicting laws, liability issues and corporate social responsibility. The ‘ISM on trial’ sessions have raised the awareness of lawyers and other professionals in safety issues and the proper implementation of safety systems. Monthly and special events have, inter alia, covered the pitfalls of conventions and European regulations, class and flag issues, shipping and energy, piracy, insurance issues and brokers’ duties, the credit crunch and its effect on contracts. Our recent special two-day event ‘the Baltic Accident’ held in Athens demonstrated how to identify the causes by an accident investigation; a mock mediation was used to mediate the disputes between the various parties.
The 2010 programme includes seminars on offshore contracts, international trade and cargo insurance issues, how the financial crisis has affected maritime contracts and commerce, shipbuilding contracts, troublesome clauses in charter parties, further legal issues arising from piracy. Further special events will be announced in due course.
Dr. Sheppard feels the move to the City has brought the Centre closer to those using its services. The Centre has always been more than a “lawyer’s club” with members from across the maritime business spectrum. A membership drive to enlist more brokers, insurers, bankers and ship owners is planned. “We are keen to promote young professionals from all sectors of the industry and through them their firms and services”.
The Centre’s steering committee is now known as the Council, with more members elected to represent the Centre’s widening and younger membership. Sir Anthony Colman is the Council’s new Chairman in succession to Archie Bishop. The Executive Board comprises new directors Les Chapman, Roger Holt, Jonathan Lux and Struan Robertson.
Does the regulatory environment balance political and industry needs?
Friday 26 November 2010, 18:10 by Richard Meade
SUPPORTING the notion that there is a missing link between politicians and regulators when it comes to the shipping industry is not difficult, particularly in Europe.
Taking a few pot shots at Brussels in forums is widely accepted as an industry sport and concern over the perennial tension between international and regional politics is deeply ingrained within the sector.
But is this simply a convenient scapegoat on which we load our own lethargic attitudes and outmoded models of political engagement, and what if the existing links between politicians and industry are fit for purpose after all?
The annual Cadwallader lectures, set up in memory of the eminent legal mind that was Professor Francis ‘Cad’ Cadwallader, have an established tradition of challenging the status quo and delving behind questions like these with real long-term significance in the international shipping industry.
This year’s debate, held in the Lloyd’s building in London last week, was no exception. “Politicians, the European Commission, regulators and shipping — what is the missing link and the way forward?” offered distinguished figures on both sides of the fence the opportunity to dispel myths and offer real solutions.
As UK Chamber of Shipping president Jan Kopernicki pointed out in his keynote address at the event, “industry and government, private and public, must work together within Europe, to ensure Europe is the premier place to conduct maritime business in the world”.
How that happens in practice is more complicated. The debate recognised that Europe is creating a space for itself on the global stage, seeking a leadership position in many dimensions that affect shipping directly and there is some logic to having a political bloc which compares with the other major regional powers. But the deep concern about the way European Union politics routinely interferes with the necessarily international nature of shipping regulation was repeatedly raised from the industry side of the table.
Our own Michael Grey, who was brought in to eruditely support the Eurosceptics in the room, at one point appealed to the regulators to consider some basic rules before introducing any new initiatives. Questions ranging from “are they necessary?” to “will they stifle initiative and common sense?” may seem obvious, he suggested, but if they were asked more often perhaps we wouldn’t have half the problems that we currently face.
Good regulation does take such questions into consideration, countered the government representatives. While the industry may roll its eyes at being treated once again “like naughty schoolchildren”, there is no getting away from the fact that shipping has consistently taken a reactive approach to policy and could do far more in terms of engaging the political spectrum.
Brussels may not adequately be tapped in to the maritime industry, but the shipping industry is at the moment not optimally tapped into the EU either, and would benefit from re-examining its own approach to engagement in the policy and regulatory process.
* Click here to read the full text of Spyros Polemis speech
* Click here to read the full text of Fotis Karamitsos speech
* Click here for Lee Scott MP’s speech
* Click here for Aleka Sheppard’s opening address
* Click here to read the full version of Michael Grey’s speech
Brewer News
Brewer’s World - with thanks to www.insuranceday.com
YOU might think its day would have been done two or three decades ago, but the bill of lading in paper form persists throughout the vast shipping industry, laboriously recording the movement of eight billion tonnes of cargo a year. There have been 30 years of attempts to produce and win acceptance for an electronic version of the bill, which has an 800-year history and relates to title and acceptance of goods for shipment, and specifies quantity, value, name of vessel, ports of call and so on.
Anyone who thinks the insurance market has been slow to adapt to e-commerce should consider the angst over re-formatting the humble bill of lading. Legal, regulatory, insurance and security issues have hampered efforts to “dematerialise” this contract to carry goods and perform duties in relation to the payment of freight, which amounts
every year to some $380bn globally.
Streamlining the cumbersome paper process, a growing reliance on information technology in international trade and vulnerability to fraud are among the drivers for change. Fraud is conservatively estimated to cost $400m annually, and container shipping lines have had to introduce specially marked paper to make life difficult for forgers.
With giant boxships of 18,000 teu on the stocks, one can imagine the mass of documentation needed for each trading voyage and the laborious task of manually entering details of cargo and much other data.
Switching to online documentation might look straightforward, but the many parties involved in each transaction, not to mention customs and other authorities, must have confidence it will work, a forum of London Shipping Law Centre heard last week.
Over time, some $250m has been ploughed into trying to invent a solution and it seems the insurance sector has helped move things forward. One year ago, the International Group changed tack and accepted liabilities arising from paperless trading would be included in pooled and reinsured cover, as long as the systems concerned were
approved by the group. Some liabilities such as breach of confidentiality undertakings or obligation to maintain computer links will still have to be insured separately. “The extension of normal club cover, however, represents a notable coming of age for electronic commerce,” Russell Harling of law firm Holman Fenwick Willan told the meeting.
Three commercial systems for electronic maritime transport records are on the market, including one named Bolero, launched in 1998 before most of the conservative customer base was ready for it. Bolero has restructured financially to become majority backed by venture capital and is pushing ahead as part of a broader e-commerce offering. A rival, privately funded E-Title, was founded in 2004, is based in Singapore and expects transactions to start this year. A third contender, run by Electronic Shipping Solutions (ESS), is
backed by two investment funds and facilitates many shipping documents apart from bills of lading, on which live transactions began in 2009. It says it has won acceptance from leading oil firms for its e-bill of lading system, which looks attractive to traders who want maximum efficiency in being able to buy and sell oil and products still at sea. Traders cannot afford any slip-ups or delays in dealing with bills of lading.
ESS itself says it has to maintain insurance with a limit of $20m for any one incident such as a failure over issuance or delivery of a document, and against crime risks such as hacking.
Progress seems such that users – shippers, carriers, receivers, traders and others – will begin to reap the promised efficiency savings this year.
APPOINTMENT OF NEW PRESIDENT
Appointment of new president & secretariat move to London
The Founding Members of the International Maritime Conciliation and Mediation Panel (IMCAM) from 24 different countries, spanning 5 continents, have elected David Taylor to be their next President. He succeeds the Panel’s Founder, José Maria Alcántara.
José Maria Alcántara – a very well recognised Spanish maritime lawyer – founded IMCAM in October 2006. There are now 40 panel Members all of whom are senior, experienced and respected figures in the global Maritime industry.
David Taylor is an experienced Mediator and maritime lawyer with extensive connections to Marine Insurers, Average Adjusters and the Legal community. He is also the Special Advisor to the International Underwriting Association (IUA). He is supported by vice presidents Dr Aleka Mandaraka-Sheppard, Chairman of the London Shipping Law Centre – Maritime Business Forum, and Jonathan Lux a senior partner at Ince and Co.
IMCAM provides Dispute Resolution Services and Conciliation services to Insurers, Owners and Operators, Salvors and Supply Contractors as well as Classification Societies, Shipyards, Governmental Bodies, Port Authorities, Maritime Lawyers and participants in the Shipping Industry.
The IMCAM Secretariat is moving from Madrid to London and will be provided by RTI Ltd which also hosts LSLC – Maritime Business Forum.
For further information please contact:
IMCAM Secretariat
c/o Mara Estefani
International House
1 St Katharine’s Way
London E1W 1UN
Tel: +44 20 7063 9724
Fax: +44 20 7481 2149
Email: .(JavaScript must be enabled to view this email address)
Website: www.imcampanel.com
Shipping Lectures
LONDON SHIPPING LAW CENTRE – MARITIME BUSINESS FORUM is pleased to announce that its seminars and panel debates are now filmed and available online for the international shipping community to view together with research material through our new multimedia platform: shippinglectures.com
We would like to invite you– members of LSLC Young Maritime Professionals Association– to get involved in this new media venture which aspires to become the online knowledge hub of shipping law and business worldwide.
If you want to work on this exciting internet project with a group of young people who are creative and passionate about shipping and digital media, please send an email to .(JavaScript must be enabled to view this email address)
Launch Reception for the Young Maritime Professionals Association
On June 2nd over two hundred of the most able young maritime professionals from across the shipping industry spectrum, based nationally, joined together to celebrate the launch of the LSLC-Young Maritime Professionals Association at a lavish Reception kindly hosted by Holman Fenwick Willan at their offices at Friary Court.
The purpose of the LSLC-YMP is to cultivate multidisciplinary knowledge among the younger generation in maritime affairs through inter–sector interaction, to provide its members with a platform to advance their talents and hone the future leaders who will contribute to the industry’s progression.
Working in law, ship owning & management, broking, insurance, finance, regulatory bodies, class societies, technical institutions and marine societies, the Association’s members will offer their perspectives through peer-panel discussions on legal, commercial and technical issues including market developments. They will question established law, regulations and practices, which may require reform in the interests of maritime commerce. Membership is open to those under 40 who are working in any maritime related sector.
The new branch of the LSLC - Maritime Business Forum working with its parent will promote the importance of shipping to international trade and London as an excellent centre of maritime expertise. Its members aim to meet regularly to discuss developments within the shipping industry and foster initiatives that address problems and challenges.
A working committee of the founding members has been set up to select the Association’s Steering Committee and sub-Committees. During July and August, the Committee will be putting together a programme and initiating a membership drive. LSLC already has an infrastructure to support the new group which will have the backing of LSLC members, the judiciary and other supporters.
Dr Aleka Sheppard, Chairman of the LSLC—-Maritime Business Forum, who announced this initiative at the 11th Cadwallader debate, explained: “Our Forum is recognised across a wide spectrum of the industry from the judiciary to ship operators for the work it does”.
“As we now place an increased emphasis on business, we are forming the LSLC–YMP Association to help the younger generation drive the industry in the years ahead with their ideas, energy and initiatives. We expect that LSLC–YMP members will shortly become leaders in shipping and maritime services worldwide, shaping the future of the global maritime industry”.
Click here for details about membership and here an Application for Membership Form
Click here to see photos from the event
Companies represented at the LSLC – Young Maritime Professionals Association Launch Reception
20 Essex Street
4 Pump Court
7 King’s Bench Walk
A Bilbrough & Co Ltd
ACM Shipping
AET UK Ltd.
Allianz Global Corporate & Specialty
Apostleship of The Sea
Arbis LLP
Arias Fabrega & Fabrega
Arthur Cox & Co
Aspen Insurance U K Services Ltd
Assicurazioni Generali S.P.A.
BPP Law School
Barlow Lyde & Gilbert
Belgibo (Belgium)
Bentleys, Stokes & Lowless
Birch - Reynardson & Co
Blacklion Law LLP
Braemar Shipbrokers Ltd
Brick Court Chambers
Britannia Steamship Insurance Association Ltd
Brodies LLP
CF Spencer & Co Ltd
CNA Insurance Co Ltd
Campbell Johnston Clark LLP
Charles Taylor & Co Ltd
City University
Clarksons Plc
Clyde & Co
College of Law
Curtis Davis Garrard
Davies Johnson
Dunelm Publications Ltd
EG Arghyrakis & Co
Essex Court Chambers
GFI Group
HBJ Gateley Wareing LLP
Hardwicke
Hermes Shipbrokers Ltd
Hill Dickinson LLP
Hogan Lovells International
Holman Fenwick Willan
Horn & Co
IHS (Global) Limited
IMEC International Employers Committee Ltd.
Ince & Co
Institute of Maritime Law
Jackson Parton
Karri & Co.
Kim & Chang (S Korea)
Loudouns
Mar Risk Services Ltd
Maritime and Underwater Security Consultants
Baltic Exchange
Mays Brown Solicitors
Mitsui Ltd.
Moore Stephens
More Fisher Brown
Morgan Stanley & Co. International PLC
Morgan Stanley UK Ltd
Munich Re
North Star Underwriting
Norton Rose
Pinheiro Neto Advogados (Brazil)
Quadrant Chambers
RTI Ltd
Reed Smith
Richards Hogg Lindley Ltd
SNR Denton
Shipping Lectures Ltd.
Smith Bilbrough & Co
Spinnaker Group
St Kitts & Nevis International Ship Registry
Star Reefers UK Ltd
Steamship Insurance Management Services Ltd
Stephenson Harwood
Stone Chambers
TLT LLP
TT Club
The Chamber Of Shipping
Thomas Cooper
Thomas Miller & Co. Ltd
UK P & I Club
University Of Hertfordshire
University Of Swansea
Victoria Steamship Co. Ltd
WK Webster & Co.
Wallem Ltd
Waltons & Morse
Waterson Hicks
Watson Farley & Williams LLP
Wavyline.Com
West of England Insurance Services
Willis
Winter Scott
Zodiac Maritime Agencies Limited
End of Summer Greek-themed Barbeque
YOUNG MARITIME PROFESSIONALS ASSOCIATION
INVITATION
End of Summer Greek-themed Barbeque
Relax and enjoy the last of the summer evenings with members of the LSLC-YMPA
Date: Monday 12th September 2011
Time: 6.00pm – 10.00pm
Venue: Moore Stephens
150 Aldersgate Street, London, EC1A 4AB
RSVP by 5th September to: .(JavaScript must be enabled to view this email address)
The YMP Membership Secretary,
LSLC – Maritime Business Forum, International House, 2nd floor,
1, St Katharine’s Way, London, E1W 1UN
Tel: 020 7063 9737
Sponsored by Moore Stephens
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Companies represented at this event:
4 Pump Court
7 King’s Bench Walk
A Bilbrough & Co Ltd
All About Shipping.Com
Arbis LLP
Aspen Insurance UK Services Ltd
BPP Law School
Barlow Lyde & Gilbert
Bentleys Stokes & Lowless
Birketts
BlackLion Law LLP
Braemar Seascope Limited
CNA Insurance Co Ltd
Campbell Johnston Clarke
Charles Taylor & Co. Ltd
City Law School/ Siaperas Law Firm
Clarksons plc
Clarksons Research
Curtis Davis Garrard
Deutsche Bank A G Filiate London
Dunelm Publications Ltd
EG Arghyrakis & Co
GARD (UK) Ltd
HBJ Gateley Wareing LLP
Halcyon Recruitment Ltd.
Hardwicke
Hill Dickinson LLP
Hogan Lovells International
Holman Fenwick Willian
Ince & Co.
Independent Ship Agents SA (Argentina)
Institute of Maritime Law
Jackson Parton
Loudouns
Mays Brown
Moore Stephens
More Fisher Brown
Morgan & Morgan
Morgan Stanley & Co Ltd
Norton Rose
Quadrant Chambers
Quarry Chambers
RTI Ltd.
Reed Smith
Scotiabank Europe PLC
SETEL UK Ltd.
Shell International Trading & Shipping Ltd.
Shipowners’ Mutual Protection Limited
Siem Car Carriers A S
Spinnaker Group
St Kitts & Nevis International Ship Registry
Star Reefers UK Ltd.
Steamship Ins.Management Services Ltd
Stephenson Harwood
Stewarts Law LLP
Stone Chambers
Swinnerton Moore
TLT LLP
The Chamber of Shipping
The Swedish Club
The T T Club
Thomas Cooper
Tzani Translations
University of Plymouth
Watson Farley & Williams LLP
Willis
RTI London work placement role
RTI, a leading provider of experts for casualty investigations, litigation, risk and safety, has an opportunity for someone able to commit to a 12-month full time graduate work placement role in their London Office as an office administrator, providing administration, and management accounting and client support services.
The role
Reporting to the Office Manager, candidates will expect to have bookkeeping and office administration experience or skills. The work involves maintaining, accounts, and bookings for professional trade association events, liaising with delegates and association officers.
Candidates will also be expected to provide client support services involving research, follow up by phone, email and meetings with potential clients to establish business opportunities.
Based in the London Office at St Katherine’s Dock by Tower Bridge London, this is expected to be a full time role from 0900 – 1730 hrs with some flexibility for those still studying. RTI will cover travel and associated expenses. There is the potential for this position to convert to a full time role.
RTI has an informal working environment and the intern will have the opportunity to work alongside and learn from professionals with many years of experience whilst developing administration and client relationship and business development skills.
Skills and Experience
Applicants ideally will have experience of or be comfortable with accounting products such as “Quick Books”. They will need to be analytical, numerate, a proactive self-starter, with the ability to manage competing priorities.
They should also have an outgoing personality and be able to initiate and build relationships with clients, identify business opportunities and follow up on leads by email phone and meetings.
About RTI
RTI is an international multi-disciplined technical services consultancy specialising in accident and failure investigation, the provision of experts for litigation, risk and safety audits and training. With its routes in aviation, RTI also specialise in the marine, rail, utilities and buildings sectors.
Together with their support services for associated professional organisations, this role provides an opportunity for graduates to develop office administration experience and client facing business development skills, whilst learning about the regulatory, risk, and legal aspects of the accident and safety consultancy that RTI provide.
This role is ideal for those wishing to develop a career in law, insurance, investigations, risk and safety or business operations.
For more information, see www.rtiforensics.com and send your CV to Jill Williamson, Office Manager .(JavaScript must be enabled to view this email address)
The closing date for applications is Feb 14th. Candidates selected for interview will be advised by Feb 21st and interviews from week commencing Feb 27th.
Riding the storm
The organisers of this event have kindly agreed to offer 10 places at discounted prices to YMP members on a first come first served basis.
Full price is £250. Discounted price is £190.
Details including link to the booking form (or book via email to .(JavaScript must be enabled to view this email address)) : http://www.pynda.com/conference2012/
YMP Dinghy Sailing Event 21st April 2012
Young Maritime Professionals’ very first dinghy sail took place on the 21st April 2012 at HOAC sailing centre near Ruislip. The purpose of the event was to encompass an informal pastime whilst maintaining YMP’s maritime syllabus.
A total of 9 YMP Members, ranging from chambers, law firms to Lloyd’s insurance and the oil industry participated in the introductory dinghy sailing exercise.
The day started off with a lesson on how to rig and sail a dinghy and was followed by a safety and capsize briefing under the instruction of Ian Woods (Ben Macfarlane & Co) RYA qualified Senior Sailing Instructor.
We took to the water and prepared to set sail in Laser Picos. The vast majority of the participants were novices and had never sailed before, let alone a dinghy. The experience was challenging and character building, as each participant was given their own dinghy to sail.
After a two hour session the group was happy to retire and to enjoy lunch at the local pub.
The event was a huge success as all the YMP members had the opportunity to engage with one another at an informal level and to enjoy a fun day out.
Below are some comments left by the participants:
“It was great experience to join dinghy sailings as a new member of YMP, hope we will have outdoor activities more often and sail again together as a ‘fleet’.”
- Lucy
“I attended my first ever Dinghy Sailing event organised by YMP on Saturday, 21 April. It was a thoroughly enjoyable experience. It was very well organised and I look forward to the next event.”
- Himanshu
“Indeed Sarah Caldwell and Ian Woods did a fantastic job! It was fun and the weather was great, well done guys!”
- Enrique
“The dinghy sailing event was a great experience, well-organised and well-instructed and one which I would recommend to all members of the YMP. It would be good to see some more similar events in the future!”
- Ishfaq
YMP will be hosting another sailing event shortly, so please keep up to date with all of our latest events which are accessible via LSLC’s website or YMP LinkedIn. If you have any associations with
sailing clubs or formal qualifications which we could use for our events, then please do not hesitate to get in touch.
Sarah Caldwell (Jackson Parton) YMP Committee Member.
From Titanic to Concordia
FROM TITANIC TO CONCORDIA: THE ACHILLES HEEL OF CRUISE SHIPS
Join us for an evening of discussion and fine dining at our 2012 Cadwallader event on Monday 26th November at the Gibson Hall, City of London.
Ship safety is never far from the Centre’s agenda, not least in a year when the Concordia disaster and the centenary of the sinking of the Titanic remind us that major incidents persist, with ever increasing and wider reaching consequences.
100 years on from Titanic, we shall explore the faults and failures in the safety of 21st Century cruise ships, and what has been learnt from previous disasters. With two leading experts, the discussion will be chaired by Lord Clarke of Stone-cum-Ebony.
Maritime professionals, members of the Centre and their distinguished guests will have the opportunity, over a sumptuous dinner at the fabulous Gibson Hall, to listen to experts’ views, raise questions, make observations and converse with fellow professionals.
Please put the date, Monday, November 26th in the diary. Full details of the event will follow.
Istanbul Joint Spring Conference
Istanbul Joint Spring Conference
Organised by the European Maritime Law Organisation
The Global impact of EU Shipping Law and Policy
3 May 2013
At the Main Campus, Ozyegin University, Cekmekoy – 09.30 - 15.00
Also featuring
Opening reception at the Legacy Ottoman Hotel – 2 May 18.30 – late
Optional visit to the VTS Station on the Bosphorus and Leisure Cruise
For further details and the Conference Programme please click here