INTERTANKO CONFERENCE

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INTERTANKO CONFERENCE

• Poseidon Challenge
• What we must do better in the future?

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Ince Co International Maritime Lawyers

• Headquartered in London, 9 international offices
  with some 500 staff globally.
• Our ER team is represented in each of these
  offices which includes 14 mariners with
  significant tanker experience based world wide.
• An Ince Partner Colin de la Rue has co- written
  the leading text book on Environment Shipping
  and the Environment.
• We have the busiest admiralty practice in the
  world we receive 5 new casualty instructions
  every week.
• We have had a role in virtually every single
  major casualty since the Exxon Valdez.
• We are more than just lawyers we offer a
  substantial contribution in practical Emergency
  Response.

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Key Pollution Casualties
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• This Presentaion will cover
• Quality improvements in the tanker market.
• Current trends in casualties claims Steps
  that can be taken in reducing these.
• Criminalisation in Shipping.
• Protecting yourself Effective Emergency
  Response.

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Quality Improvements in the tanker market
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Improved ship design technology safer ships

• Technological advances
• Improved International structural design
  regulations
• Improved Classification rules
• Double Hulls
• Have led to

• Fewer seafarers losing lives
• Less Pollution
• Safer ships

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Pollution incidents on the decrease
MARPOL
800
600
OPA90
ISM Code
400
200
0
1970s 1980s 1990s 2000s
Time
1992 CLC fund convention 2003 Supplementary
fund 2006 (voluntary) STOPIA/TOPIA indemnity
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Ship detentions on the decrease

• ISM
• STCW
• Building on MARPOL Air pollution amendments
• Ballast water management

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Current trends in casualties claims
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PI Claims
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Reasons for this?

• Cargo 87 from Contamination
• Due mainly to
• Tank cleaning errors
• Tank leakages
• Vapour transfer
• Equipment failure

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The cases that we have witnessed point to

• Loss of practical cargo knowledge
• Poor maintenance
• Human errors
• Reduced crew

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Hull Machinery Claims
Feb 2009 Collision off Dubai
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Collisions Groundings

• Technical Skills

• Seamanship Skills

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Case study - Cosco Busan
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N
Golden Gate Bridge
Pacific Ocean
SFO/OAK Bay Bridge
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Intended PassageAs plotted by 2/0259 from
Inner Hrbr Entr. Ch310 at WP 2 through
Delta/Echo spanLeaving Delta approx 80M to Port
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Echo
Delta
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The Pilot was sufficiently unfamiliar with the
ECDIS display to mistake the bridge buoy markers
for being the center of the span.
Channel Buoys
Buoys marking the Delta Tower
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Damaged Area
Buoy
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Alcatraz Island
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Criminalisation
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Prestige
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Criminalisation

• Is responsible for
• Prejudice / alienation against seafarers
• Reduced retention and recruitment of seafarers
• Costly and lengthy court actions
• Actions against shore staff
• Our response A united front
• Hebei Spirit

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Protecting yourself Effective emergency
responseHave you got an Effective Emergency
Response Plan?
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Effective Response Appropriate response

• An Emergency may appear to be a practical
  navigation or engineering matter.
• In reality only a part of the emergency (that
  matters to your survival) is a practical or
  engineering matter.
• Other significant aspects?

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Effective Emergency Response - Why Bother?

• Loss of right to limit.
• Insurance cover at risk.
• Protect reputation, manage public perception.
• Risk of criminal prosecution.
• Impact on shares Morale.

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Effective Emergency Response Who is the team?

• A key to a good emergency response is a careful
  selection of the emergency response team.
• Include your international maritime lawyer in the
  team.

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A sample of the legal aspects an ERT should deal
with

• Accident Reports
• Notes of Protest
• Email Communications
• Legal Privilege
• ISM and TMSA requirements

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What are Ince doing to assist the Shipping
Industry?

• We have taken Unfair Criminalisation cases to the
  European Parliament and sued Governments at the
  ECHR
• We provide Loss Prevention advice to Owners
  Insurers, including the 13 IG PI Clubs when
  appropriate
• We encourage Clients to share lessons learnt with
  others eg other ships in their own fleet the
  IMO through the Flag State

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Ince Pre Casualty Preparation

• Be part of an Owners Emergency Response Plan
• Drills
• Sea Office Staff Seminars
• Review of SMS Guidelines
• Paper Trail Guidance e.g. Dealing with ISM Non
  Conformities

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