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The Maritime Advocate–Issue 868

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IN THIS ISSUE

1. Making progress on safety
2. Navigation restrictions
3. Wind technology
4. Strain reduction
5. NexusWave
6. How high is the hurdle?  
7. INTERCARGO team change
8.  Nor-Shipping awards
9. Hydroacoustics
10. Tug MOU
11. Flexitank safety

Notices & Miscellany

Readers’ responses to our articles are very welcome and, where suitable, will be reproduced. Write to: contactus@themaritimeadvocate.com


1. Making progress on safety

By Michael Grey

It is good to have something positive to write about, as only disasters attract the headlines. In his introduction to the section on merchant vessels in the latest Safety Digest published by the Marine Accident Investigation Branch, Jeremy Dale, director of SeaSafe Systems, reflects on the way that attitudes to safety have changed over the years. He recalls his youth, when there was, to say the least, a cavalier attitude to any form of protective equipment. Lifejackets were never worn by those sailing, while in boatyards, ports or other places where the risk to life and limb were, in retrospect, obvious, hard hats, hi-viz clothing, safety boots and the like were conspicuous by their absence.

There was little in the way of safety training ever undertaken. Thirty years on, asserts Jeremy Dale, the commercial world has upped its game, although there is still plenty to do in the world of recreational boating, reflected in the number of sad reports of casualties in the Safety Digest pages in successive issues. There is no doubt that in the maritime safety world in general, attitudes have changed, along with regulation and oversight. Having gone to sea in 1956, this writer would wholly endorse the SeaSafe’s observations. There was a complete absence of any sort of personal protective equipment – somebody wearing a hard hat would have been regarded as effete, (you wouldn’t have known how to obtain one) while lifelines when working aloft, or over the side were unknown.

You knew not to step in a bight of rope, or sit on the rail, but the safety implications of any task you were expected to do were assumed and if somebody was hurt it was presumed that it was his own silly fault. There were no “toolbox talks” and if there was any sort of unofficial “safety management system,” it tended to be thought of as just something you were expected to know as part of your seamanship knowledge, picked up from your elders. There was no sense of proactive safety, like painting “snap-back” zones on the deck, or highlighting hazards.

You sort of imbibed the fact that a lot of machinery was intrinsically dangerous to life and limb. It is certainly not something to be proud of, but my generation, and probably that which succeeded it, took risks routinely, and thought very little about them. When did this careless attitude, which surely had been handed down by the hard men who ran the old windships, when life really was cheap, change? It would be quite hard to point to a specific time when personal safety started to be something that was no longer ignored.

Ashore, it was a gradual societal change, a growing intolerance to workplace accidents and injuries, the costs of which started to be investigated and analysed, with the numbers aggregated and publicised, often to shock and alarm. More legal action, prosecutions, compensation claims and the involvement of insurers clearly have had behavioural consequences. In the world of ship operations, the information campaigns by the P&I clubs, in particular, have been a force for good. Education might be thought of as the real catalyst for positive change on marine safety, and the lessons that can be learned from the accidents and near-misses of others form a major part of this process.

The outreach of bodies such as the MAIB, CHIRP, The Nautical Institute’s MARS scheme are all useful in spreading a gospel of good practice, while pointing out what can go badly wrong in the dynamic world of ships. Other national accident investigation bodies also must take credit. All contribute to an important dialogue on safety, that is essential, ongoing and keeps people’s thoughts on what is still needed if seafaring is to become even safer. The MAIB Safety Digest is a perfect example of the role that education plays in telling seafarers and those in the industry ashore what they need to know.

There are few cases that are absolutely novel; the old lessons of complacency, taking short cuts, inadequate planning etc are to be found in every issue. Despite a recent descent into “inclusive” English, which is irritating beyond belief with its ungrammatical use of pronouns (and which must confuse foreign readers,) the beautifully produced MAIB Safety Digest continues to illuminate important safety matters we all need to know.

Michael Grey is former editor of Lloyd’s List.


2. Navigation restrictions

An arbitration dispute highlighted in the latest Claims Review by International Transport Intermediaries Club (ITIC) has concluded with a shipbroker settling a $380,000 claim. Accused of breach of contract and negligence for not disclosing critical navigation restrictions to charterers, the case underscores the paramount importance of transparent communication and due diligence in the shipbroking industry.

The incident began when a shipbroker arranged a charter party (CP) agreement between shipowners and charterers. While the main terms were settled, the shipowners informed the broker that the ship’s official certificate would be provided shortly. In the meantime, they shared details of a sister ship, noting that its “navigation area is R1 as well” — a classification restricting the ship from operating beyond a certain distance offshore.

Due to spam filters, the broker did not receive the certificate via email. Eventually obtaining it through WhatsApp, the broker faced technical issues that prevented forwarding the document to the charterers or advising them about the R1 restriction. Confident that the official certificate would arrive soon, the broker neglected to pass along this crucial information.

Unaware of the ship’s operational limitations, the charterers lifted subjects, finalising the agreement. It was only when voyage instructions were issued that the ship’s Master informed the charterers of the R1 notation, rendering it unsuitable for the intended voyage.

This revelation led to Without Prejudice (WP) negotiations, resulting in the cancellation of the original charter and the establishment of a new, shorter-term agreement at a higher rate to accommodate the ship’s capabilities. However, during these discussions, the charterers discovered that the broker had been informed of the R1 restriction before they lifted subjects. Feeling misled, they accused the broker of breach of contract and negligence.

The charterers claimed damages for the additional time and bunkers required for the adjusted voyage, the costs of hiring a replacement ship for the remainder of the charter period, and extra insurance and legal expenses. Complicating matters were questions about the broker’s duty of care — especially since the charterers had their own broker — and uncertainties regarding the applicability of the commission agreement. Additionally, the losses claimed were initially vague and lacked proper evidence.

Upon seeking legal advice from ITIC, it was deemed likely that the broker faced liability, either directly to the charterers or indirectly, through a potential claim from the owners. There was also the risk that the owners might pursue a more costly claim against the broker for failing to communicate the navigation restriction.

After the charterers provided clearer substantiation of their losses, the claim was settled in arbitration for approximately $380,000, representing about 70% of the total claimed amount.

Mark Brattman, Claims Director at ITIC, said: “This case serves as a stark reminder of the essential role that precise and timely communication plays in maritime transactions. Brokers must ensure that all critical information, particularly operational limitations, is accurately conveyed to prevent costly disputes and maintain trust within the industry.”


3. Wind technology

Bureau Veritas Marine & Offshore (BV)  recently announced the publication of their latest technology report, Wind Propulsion Technology Report, which details the technology systems that are available, their viability, as well as the various challenges that inhibit the adoption of wind propulsion systems at scale.

The report underscores the significant growth potential within the sector and the important role that wind propulsion technologies will play in the shipping industry’s decarbonization transition. With safety measures representing a clear concern for widespread adoption of the technology, BV already leads the space in developing Rules for wind propulsion (NR 206 wind propulsion system) and notations (WIND PROPULSION-1 & WIND PROPULSION-2). Also, joint industry projects such as WISP3 are working to develop standardization of performance predictions to provide assurance to shipowners and operators that wind propulsion systems will not impact a vessel’s performance.

As owners and operators seek alternatives to reduce their carbon emissions and comply with current regulations, the report emphasizes the need for international regulatory bodies to recognize and support wind propulsion as a credible means of reducing carbon emissions.

However, the IMO has yet to define specific regulations or guidelines on the use of wind propulsion systems on ships. Installation and operation of wind propulsion systems remains subject to the same rules and regulations as engine-based propulsion systems, which means that there is a lack of clarity surrounding wind propulsion technologies’ contribution to reducing carbon emissions on ships.

This inconsistency represents a significant barrier to integrating wind propulsion technology at scale, as owners and operators are not provided with the clarity or assurance that investment in such systems will contribute to their compliance efforts.

Aude Leblanc, Technical Leader Sustainable Shipping at Bureau Veritas Marine & Offshore, said: “Current international regulations do not cater for propulsion systems that don’t burn fuels. The inclusion of wind propulsion in FuelEU Maritime is an important step in recognising wind propulsion technologies as a form of propulsion. However, without international regulation, there is little incentive for industry actors to invest in wind propulsion technology. Collaboration between industry players and regulatory bodies is crucial for the advancement of this technology.

Pierre de Chateau Thierry, Vice President – Commercial and Chief Commercial Officer, at Bureau Veritas Marine & Offshore, said: “We’re excited to launch this report and spark meaningful discussions that we hope will support the adoption of wind propulsion technologies. The maritime industry has made significant strides in adopting new technologies to reduce emissions, and wind propulsion holds great promise. At Bureau Veritas, we’re committed to facilitating this transition as industry continues its decarbonization journey.”

The report outlines the growth potential of wind propulsion as a viable contributor to a ship’s energy balance, by highlighting wind propulsion’s role as a key component of a broader range of technologies aimed at advancing the shipping industry’s decarbonization efforts.

Bureau Veritas is committed to supporting ship owners and operators in their journey towards more sustainable operations, and this report serves as a call to action for all stakeholders to come together in the pursuit of a greener maritime future.

For more information or to access the full report, please visit https://marine-offshore.bureauveritas.com/newsroom/wind-propulsion-report


4. Strain reduction

The Mission to Seafarers recently published its latest Seafarer Happiness Index report, which reveals a steady increase in satisfaction in several areas of seafaring life to 7.16 in Q3 2024, marginally up from 6.99 in Q2 of this year, partly due to increased downtime that is attributed to Red Sea diversions.

The Seafarers Happiness Index (SHI) is a quarterly survey undertaken by the Mission to Seafarers, delivered in association with Idwal and NorthStandard and supported by Inmarsat. The survey offers vital insights into the sentiments and experiences of the men and women who serve at sea.

While there is a clear positive shift in seafarer satisfaction, the report presents a nuanced picture, outlining both improvements and persistent concerns that need to be addressed.

The increase in seafarer happiness this quarter has in part been driven by the unexpected benefits of longer transit routes as a result of tensions in the Red Sea. Whilst the unacceptable risks faced by seafarers on vessels that continue to transit high-risk waters remains a grave concern, it seems that for vessels diverting via other routes, it is allowing additional time for rest, social activities, and establishing better onboard routines. This has positively impacted team morale and overall well-being. Additionally, the extended time at sea has enabled senior officers to take on a more supportive role, sharing watch duties and dedicating time to training junior crew members, fostering a greater sense of camaraderie and competence on board.

Seafarers also continue to appreciate improvements in food quality, noting that onboard meals have generally been well-received but with a call for greater variety. The availability of fitness and recreational facilities, while present, is often underutilised due to fatigue, highlighting the need for more holistic solutions to improve work-life balance and rest.

Despite these improvements, significant challenges remain. Internet connectivity continues to be a major frustration for many seafarers, particularly in regions with restricted access to services like Starlink. The lack of reliable communication with family and friends contributes to feelings of isolation and impacts morale. Additionally, limited shore leave and concerns about wages continue to weigh heavily on the minds of many seafarers, affecting their overall satisfaction and mental well-being.

There is also growing dissatisfaction with the relevance of some training programs, with calls for more practical, real-world training that better addresses the unique challenges of working at sea. Stress related to workloads, particularly due to watchkeeping duties and time zone changes, remains a critical issue. Seafarers have voiced concerns about the removal of certain engineering ranks, which is negatively impacting ship maintenance and overall efficiency.

Overall, the report highlights mixed feedback on shore-based initiatives aimed at improving seafarer welfare. While some crew members feel supported, others believe that more effective communication and coordination are needed to ensure that welfare programs meet the practical needs of those at sea.

Ben Bailey, Director of Programme, The Mission to Seafarers, said: “While it is encouraging to see another slight rise in seafarer happiness, this report clearly shows that significant challenges remain. Seafarers are the backbone of global trade, and we must prioritise their well-being by addressing concerns around communication, shore leave, and compensation. The benefits of longer transit routes show that even small changes can have a positive impact, but there’s more to be done to ensure our crews feel supported, respected, and rewarded for their vital work. The root cause of these diversions, however, should not be overlooked. We urge all parties to do what they can to reduce the unacceptable risks faced by seafarers from the continued attacks on commercial shipping in the Red Sea.”
 
Thom Herbert, Idwal Key Account Manager and Crew Welfare Advocate, , commented: “The latest Seafarers Happiness Index findings resonate strongly with what we’re seeing through our vessel inspections at Idwal. The modest increase in overall happiness to 7.16 is encouraging, but there are still clear areas needing attention. The concerns raised about inadequate training for new environmental technologies are worrying trends that require industry-wide attention. The report’s emphasis on the need for improved internet connectivity and shore leave opportunities reinforces what we’re seeing across the global fleet – these fundamental aspects of crew welfare cannot be overlooked if we want to attain the highest standards in shipping.”

Yves Vandenborn, Head of Loss Prevention Asia-Pacific, NorthStandard, added: “It is encouraging to see another slight rise in overall seafarer happiness in Q3 (up to 7.16/10), compared to the previous quarter – albeit that key concerns around limited internet connectivity, inadequate shore leave, and feelings of isolation remain.  Longer transit routes have unexpectedly allowed senior officers to engage more with junior crew members and this additional time at sea has enhanced camaraderie, but workload stress, especially related to watchkeeping and time zones, proves a significant challenge. Overall, while there are positive trends, areas like shore leave, workload, food variety and support systems need improvements to further enhance seafarers’ well-being. NorthStandard will continue to collaborate with industry leaders in charting a course towards an improved working environment for seafarers worldwide.”

To read the full Seafarers Happiness Index report for Q3 2024, click here.


5.  NexusWave

Kawasaki Kisen Kaisha, Ltd. (“K” LINE) has announced that it has decided to conduct a trial of a new network service NexusWave, launched by Inmarsat Maritime, on its fleet. “K” LINE has agreed with Inmarsat’s idea of seamlessly integrated multiple high-speed networks in real time to enable high-speed, always-on ship-to-shore communications, thereby enhancing digitalization of ship operation and environmental response, as well as the welfare of seafarers. The implementation of these trials started in October.
 
Launched in May this year, NexusWave is a unique bonded multi-dimensional network, offering high-speed connectivity, unlimited data, global coverage, and ‘secure by design’ infrastructure. The service seamlessly integrates multiple high-speed networks in real time – Global Xpress (GX) Ka-band, low-Earth orbit (LEO) services, and as-available coastal LTE service – enhanced by an L-band layer for resiliency, to deliver fast, always-on connectivity. NexusWave also features enterprise grade firewall security.
 
“K” LINE Group will continue to strengthen both onboard and ship-to-shore tele-communication systems, creating a safe and comfortable working environment for seafarers, ultimately leading to the provision of higher quality maritime transportation.
 
 Akihiro Fujimaru, Managing Executive Officer of “K” LINE, said: “In recent years, there has been an increase in data transmission to enhance safety and quality. As such, we require connectivity services that are fast, reliable and global. Furthermore, high-speed internet connectivity will greatly contribute to reforms to onboard workstyles and automated ship navigation. Maintaining connections with family and friends is quite crucial for preserving the well-being of our crew. NexusWave promises to fulfil these needs well into the future, especially with the anticipated service launch of the high-capacity ViaSat-3 Ka-band satellite. This technology will also bolster our digitalisation initiatives moving forward.”
 
Ben Palmer, President of Inmarsat Maritime, commented: “We are honoured that a leading global shipping operator has chosen to trial NexusWave for their fleet. Our partnership with “K” LINE is focused on delivering robust and reliable connectivity solutions that support their operational success and meet “K” LINE ‘s long-term strategic needs. Their early trial of our high-capacity global service highlights the strategic foresight of “K” LINE’s commitment to leveraging advanced technology to sustain and enhance their competitive edge.”


6. How high is the hurdle?

In Holman Fenwick Willan’s  London Calling: Brian Perrott and Gian Marco Zuccarelli consider how high is the hurdle in the case of Dos Santos v Unitel SA [2024] EWCA Civ 1109.

The Court of Appeal was tasked to rule on (i) the meaning of “good arguable case” (element of the test required for the grant of a freezing injunction); and (ii) whether there is a general rule that the costs of a worldwide freezing injunction should be reserved.  This alert focuses on (i).
Proceedings were brought by an Angolan mobile telecoms company seeking repayment of loans by a company controlled by one of its directors at the time, Ms dos Santos.

The Claimant applied for a freezing order relying on the traditional test laid out by Lord Mustill in The Niedersachsen, i.e. the applicant’s claim must be “more than barely capable of serious argument, but not necessarily one which the judge considers would have a better than 50 per cent chance of success”.

By contrast, Ms dos Santos argued that the test in The Niedersachsen was no longer applicable and that Unitel needed to show that it had the better of the argument by applying the three-limb test from Brownlie, which is a relative test with a higher threshold.  The Brownlie test requires the court to (i) consider the evidence to establish who has the better argument; (ii) overcome evidential difficulties and reach a conclusion if it reliably can; and (iii) exercise jurisdiction where there is a plausible evidential basis for it.

In the first instance decision, Bright J found that Unitel had a good arguable case and that the merits test in the context of freezing orders remains as stated in The Niedersachsen.  However, he noted that the law was left in a confused state.

Ms dos Santos appealed against the first instance decision on the ground that Bright J was wrong to find that Unitel had a good arguable case on the merits and that the judge should have concluded that Ms dos Santos had “the better of the argument” on this issue (per the test in Brownlie, not the test in The Niedersachsen), meaning Unitel did not have a good arguable case.

The Court of Appeal rejected the appeal and concluded that the correct test as to what constitutes a good arguable case for the purposes of the merits threshold for the grant of a freezing injunction was the test in The Niedersachsen.  It was not to be assessed by reference to the three-limb test derived from Brownlie.

Commentary
The Court of Appeal’s decision provides clarity on one of the most effective interim measures the English legal system has to offer.  The lower threshold favours the idea that applicants may benefit from protection whilst awaiting trial and/ or the enforcement of a judgment.  Arguably, the higher burden would have made it too hard for applicants to succeed, thereby reducing the scope of this interim measure.  Will the judgment be brought to the Supreme Court?  Watch this space…


7.  INTERCARGO team change

INTERCARGO has announced significant changes to its leadership following its Annual General Meeting. The new appointments will take effect from 1 January 2025.

Dimitrios Fafalios has been appointed Honorary Chairman following six years as Chairman. President of Fafalios Shipping, he has led INTERCARGO through significant developments in the shipping sector since 2019, having previously chaired its Technical Committee for a decade.

Spyros Tarasis will also be stepping down at the end of 2024 following his six-year term as Vice-Chairman. His substantial contributions to the Association’s work throughout his tenure were highly praised.

John A. Xylas, President and CEO of Ariston Navigation Corp., has been elected as INTERCARGO’s new Chairman. With over 38 years of experience in the shipping sector,  Xylas brings extensive expertise in dry bulk shipping operations and a strong track record of leadership, including his current role on the board of the Union of Greek Shipowners.

Metaxia Psalti, Chief Operating Officer of Neda Maritime Agency Co. Ltd., was elected as INTERCARGO’s Vice-Chair. Psalti, who holds a master’s degree in maritime law from City University, London, brings over three decades of maritime experience and expertise, specializing in the commercial operations of a diversified fleet. She chairs the Association’s Quality Panel.

Uttam Kumar Jaiswal of Pacific Basin Shipping (HK)   has been re-elected as Vice-Chairman. Jaiswal’s particular focus on safety and operational excellence has been recognised through multiple awards in the shipping sector.

The Technical Committee will be led by Dimitris Monioudis, Managing Director of Rethymnis & Kulukundis as Chairman, supported by Cesare d’Api, Technical Director of D’Amico Societa Di Navigazione as Vice-Chairman. This follows the current Technical Committee chairman, Tom Keenan, also stepping down at the end of 2024, having served the maximum term of 6 years. Keenan has been appointed an honorary member of the Technical Committee, effective 1 January 2025.

John Xylas, incoming Chairman of INTERCARGO, commented: “It is a privilege to take on this role, and I want to express my gratitude to Dimitrios Fafalios for his outstanding leadership over the past six years. As our sector navigates significant changes, from decarbonisation to digitalisation, INTERCARGO’s role in representing quality dry bulk shipowners has never been more important. Together with our new leadership team, we will continue to promote safe, efficient, and environmentally sound bulk carrier operations while ensuring our members’ voices are heard at the highest levels of international shipping.”


8. Nor-Shipping awards

The race for industry recognition is on at Nor-Shipping 2025, with the launch of the   Next Generation Ship and Ocean Solutions Awards.

The awards support the exhibition and event week’s main theme of #future-proof, as leading global innovators compete against one another to showcase truly defining projects and solutions. Both awards will be judged by expert panels, with Remi Erikson, Group President and CEO, DNV, leading deliberations for the Next Generation Ship jury, and Kjerstin Braathen, Group CEO, DNB, taking charge for the Ocean Solutions Award.

The Next Generation Ship Award winner will be revealed at the Nor-Shipping Opening Ceremony in Oslo City Hall on 2 June, while the Ocean Solutions Award will be handed out at Nor-Shipping’s Ocean Leadership Conference the following day.

“All eyes will be on Norway next June and, as ever, our winners will have a unique opportunity to showcase their ambition, dedication and innovation to a global audience of key decision makers,” comments Sidsel Norvik, Director, Nor-Shipping.

The Next Generation Ship Award assesses breakthrough newbuild, retrofit and conversion projects, with all ship types given equal consideration, regardless of size or segment. Entrants will have to impress an international jury across key criteria of energy efficiency, innovation, suitability and flexibility, technology utilisation, safety and security, and environmental sustainability. 

The Ocean Solutions Award, meanwhile, shifts the focus to trailblazing ideas, products, and concepts conceived to address some of the most pressing challenges facing the maritime and ocean industries. Entrants, who should be participants at Nor-Shipping 2025, must prove their solutions are either currently available or near commercialisation to ensure industry impact.

Nor-Shipping takes place at venues across Oslo and Lillestrøm from 2-6 June 2025. Alongside the awards and main exhibition, a diverse programme of knowledge sharing, networking and socialising activity is now taking shape.

For full details of Nor-Shipping 2025 please see www.nor-shipping.com

To find out more about the awards and submit  entries please see –

Main awards page – https://nor-shipping.com/nor-shipping-awards

Next Generation Ship Award – https://nor-shipping.com/next-generation-ship-award

Ocean Solutions Award – https://nor-shipping.com/ocean-solutions-award


9.  Hydroacoustics

Kongsberg Discovery recently demonstrated the ability of advanced hydroacoustics to illuminate the world beneath the waves with a detailed, efficient, and comprehensive inspection of the historic Lower Harbor Ore Dock at Marquette on Lake Superior.
 
The structure, a pivotal point for the transportation of iron ore from Michigan mines right across the Great Lakes region, dates back to the late 19th century. Kongsberg Discovery’s 21st century multibeam sonar and imaging technology showed just how well it had withstood the test of time, harsh weather, and a busy history of vessel operations.
 
 Kongsberg Discovery, which specializes in underwater robotics and sensor technology, gathered a group of leading organizations and companies to showcase how the latest hydroacoustics could deliver rapid, powerful, and high-resolution imaging of structural integrity. qualities which are essential for reliable inspection and monitoring of key shore and ocean infrastructure.
 
Attendees at the day-long survey included U.S. Army Corps Detroit District, U.S. Border Patrol, Krech Ojard Engineering, Schnabel Engineering, Lundin Mining, Carmeuse Mining, AMI Engineers, and U.S. Geologic Survey.
 
Jessica Daignault, Professional Civil Engineer with Kongsberg Discovery comments: “Long-term exposure to the forces of water and weather take their toll. Add in decades of large vessel operations and you have a recipe for undermining structural integrity. The iconic Lower Harbor Ore Dock retains its strength and beauty above the waterline, but we also wanted to make sure it was equally as robust below the water surface.
 
“It’s the kind of infrastructure inspection that can be challenging when using traditional methods, such as dive teams, but can be conducted efficiently and safely with modern hydroacoustic solutions. Our technology gave a powerful demonstration of that ability, revealing the dock as it’s never been seen before.”
 
Kongsberg Discovery used two of its sonars, the M3 Sonar HF multibeam sonar and the 1171 Hi-Res Scanning singlebeam sonar, to scan the vertical wall structure. SoundTiles, an IQUA Robotics software,  was used to process the multibeam data for rapid mosaicking. The high resolution 1171 single-beam sonar was then deployed to create a powerful real time visualization of the walls, diving into detail across the timber pole piles and concrete foundations for “incredible imaging”.
 
“The entire group of stakeholders we invited were able to enjoy a beautiful day on the water while learning about new technology,” notes Jessica. “The images were distortion free and of excellent resolution, giving a crystal-clear view of the structure and allowing everyone to appreciate the durable quality of this unique engineering project.
 
“This was a ‘fun’ assignment, but with a very serious message. In busy, operationally challenging environments conducting efficient, safe, and high-quality infrastructure inspection and monitoring is essential. Hydroacoustic technology truly opens the possibility to do just that, simplifying and fast-tracking the entire process, while providing outstanding results. The day at Marquette provided tangible proof of that fact. It was great to get eyes under the water and see the dock above and below the waterline.”
 
To discover more please see https://www.kongsberg.com/discovery/


10. Tug MOU

Classification society Indian Register of Shipping (IRS), has recently announced the signing of a Memorandum of Understanding (MOU) with SeaTech Solutions International, a Singapore-based maritime engineering and design firm. This MOU highlights a broader international collaboration aimed at advancing sustainable maritime solutions, including the Greentech design and classification of next-generation green tugs and harbour crafts for global operations.

This partnership is set to drive innovation and enhance environmental stewardship across the maritime industry, with a special focus on compliance with global standards and practices. SeaTech will spearhead the design and engineering of green tugs and harbour crafts, incorporating the latest eco-friendly technologies to meet international benchmarks for sustainability and efficiency. These designs will be reviewed and approved-in-principle by IRS both for local and international shipping demands.

One of the core components of this MOU focuses on the Green Tug Transition Program (GTTP) and the “Harit Nauka – Green Transition Guidelines” for inland vessels as laid out by the Ministry of Ports, Shipping, and Waterways, Government of India. SeaTech will develop designs that comply with these guidelines, and IRS will class these vessels, ensuring they meet stringent regulatory and environmental standards. This collaboration will also include the retrofitting of inland vessels to align with green transition goals.

As part of the agreement, IRS will conduct an engineering review of the design for compliance with IRS Rules and other applicable international regulatory standards.

In addition to the design technical collaboration, IRS and SeaTech will launch joint training programs, aimed at enhancing skill sets and knowledge across the maritime industry. IRS will also provide specialized plan approval training to SeaTech’s engineers, further bolstering their technical competencies.

Furthermore, this MOU outlines a framework for collaborative research and industry projects that will focus on addressing critical global challenges in the maritime sector, including decarbonisation, alternative fuels, and vessel efficiency.

 P K Mishra, Managing Director of IRS, stated, “This MOU is a testament to our ongoing commitment to fostering international cooperation and driving sustainable maritime practices. SeaTech’s expertise in maritime design, combined with IRS’ technical rigor, will play a key role in shaping the future of green shipping worldwide.”

G. S. Chopra, Managing Director, of SeaTech stated, “We are delighted to join hands with IRS in working towards navigating to a green and sustainable future through Greentech solutions for shipping.”


11. Flexitank safety

Global freight insurance provider, TT Club has issued the latest in its series of Stop Loss publications together with the Container Owners Association (COA).  Focusing on the increasingly popular flexitank unit to ship bulk liquid cargoes, Flexitanks in the supply chain – defining safe operations seeks to identify the applicable risks, highlight good practice and provide practical risk mitigation guidance for those in the supply chain who procure, fit, pack, unpack and handle cargoes being shipped in flexitanks.
 
It is intended to be consulted and used in conjunction with the IMO/ILO/ UNECE Code of Practice for Packing Cargo Transport Units (CTU Code¹) and the Container Owners Association’s (COA) Flexitank Code of Practice².
 
In recommending the Stop Loss document, Mike Yarwood TT’s MD Loss Prevention said, “An increasing number of shippers recognise the benefits of shipping their bulk liquid cargoes in flexitanks. The demand continues to grow globally and both TT and the COA consider our publishing of these guidelines timely in order to maintain the safety of the process.”
 
As in essence a large single use bladder with valves that fits inside a general purpose freight container, the flexitank operates as part of a system which includes the container, its fittings and restraining equipment. While there are advantages to their use in transporting liquids the context of the system as a whole does require additional considerations and risks at various stages of the supply chain. These include cargo compatibility and transit circumstances.
 
Various liquids are commonly carried from fruit juices to molasses and from edible oils to pharmaceutical products.  Each commodity has considerations for the material from which the flexitank is made, the nature of valves and pipework, and serious reflection on the potential damage caused should leaks occur.  Multi-modal transits, enabled by the use of containers bring concerns over intermodal terminal awareness of and expertise in flexitank operation as well as the consequences of variable movement and temperature conditions.
 
The involvement of the COA in the preparation of the Stop Loss has been invaluable in bringing the vast experience of members in the safe operation of these units and the implementation of best practice throughout the supply chain to which both TT and the COA are dedicated.  This Stop Loss is aimed at advancing the cause of improved safety.
 
Flexitanks in the supply chain – defining safe operations can be downloaded HERE
 
¹ IMO/ILO/UNECE Code of Practice for Packing of Cargo Transport Units (CTU Code) | UNECE
² COA Flexitank Code of Practice V6-O Operators 07.2019



Notices and Miscellany

Hedging and damages
The London Shipping Law Centre will be holding an event at Quadrant Chambers in London on November 5 to discuss hedging and damages.
Although issues concerning the relevance of hedges to the assessment of damages arise often in practice, there are few reported cases. The first instance and Court of Appeal judgments in Rhine Shipping v Vitol have grappled with some of the questions arising and, in particular, the relevance of internal hedging to the assessment of damages.

This seminar will consider whether the Court’s judgments in Rhine Shipping v Vitol provide clear legal guidance or have muddied the waters. From an industry perspective, should internal hedging be treated the same as external hedging and taken into account when determining quantum in commodity or shipping cases involving market movement the price risk of which can be managed by derivatives?  If so, should this work both for and against parties?
 
Illegal wildlife trade
The illegal wildlife trade is estimated to be worth as much as $200bn per year.

How can government agencies and the maritime community contribute to combatting illegal wildlife trade? A new IMO e-learning course has been launched to support all stakeholders in the maritime supply chain to address wildlife trafficking by ship.

The e-course has been developed by the International Maritime Organization (IMO), in collaboration with the World Maritime University (WMU) and the World Wide Fund for Nature (WWF). Through animated e-lessons, quizzes and assignments, the self-paced virtual course covers the concepts of illegal wildlife trade, concealment methods, red flag indicators and the possible measures that each actor in the maritime supply chain can take to help stop this illegal trade.

The introductory e-learning course, comprised of five modules, is designed to enhance awareness of the magnitude and consequences of wildlife trafficking in maritime and offers a flexible, accessible, and effective training approach to all stakeholders within the global maritime supply chain. It is targeted at a broad audience and is available to the public, free of charge (from 31 October 2024).

The course is based on the IMO’s Revised Guidelines for the Prevention and Suppression of the Smuggling of Wildlife on Ships Engaged in International Maritime Traffic.

Trade in wild animals and plants is a vast business that encompasses multiple industries, from food, furniture and fashion to healthcare, pets and zoos. The majority of the trade is legal and is governed by national and international instruments and national laws implementing those instruments. However, the growing demand for wildlife fuels a parallel illegal market valued at more than $200 billion per year. Wildlife trafficking is considered the fourth largest illegal trade, after trafficking in counterfeit products, drugs and humans and most of it uses maritime transport.

The e-course, “Illegal Wildlife Trade – Introduction to Counter Wildlife Trafficking in Maritime Supply Chains” module topics include international conventions and declarations on wildlife trade, common smuggled species and concealment methods, wildlife crime intelligence, port security and measures to prevent, detect and report wildlife trafficking on ships.

The course is the latest in a series of e-learning courses developed for the maritime sector by IMO, with various partners.

To register for the course, visit the course page on IMO’s e-learning platform.

Please notify the Editor of your appointments, promotions, new office openings and other important happenings: contactus@themaritimeadvocate.com

And finally,

With thanks to Paul Dixon

Stumpy’s Camping Tips

*You can start a fire without matches by eating Mexican food, then breathing on a pile of dry sticks.

*In emergency situations, you can survive in the wilderness by shooting small game with a sling- shot made from the elastic waistband of your underwear.

*The guitar of the noisy teenager at the next campsite makes excellent kindling.

*Check the washing instructions before purchasing any apparel to be worn camping. Buy only those that read “Beat on a rock in stream.”

*It’s entirely possible to spend your whole vacation on a winding mountain road behind a large motor home.

*Effective January 1, 2004, you will actually have to enlist in the Swiss Army to operate a Swiss Army Knife.

*In an emergency, a drawstring from a parka hood can be used to strangle a snoring tent mate.


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 edition 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.

Editor: Sandra Speares | Email: contactus@themaritimeadvocate.com

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