QCR Autumn 2019: Classic Maritime Inc v Limbungan Makmur SDN BHD & Anor [2019] EWCA Civ 1102
21/10/2019
On 5 November 2015, the Fundao dam in Brazil where iron ore is mined, burst, halting production at the mine. Charterers had a long term COA with Owners for shipments of iron ore pellets from two ports in Brazil to two ports in Malaysia. Between July 2015 and June 2016, Charterers failed to provide cargoes under the COA for seven shipments. While Charterers had no defence in respect of the 1st and 2ndshipments, they cited "accidents at the mine" in clause 32 of the COA to excuse themselves from liability in respect of the 3rd to 7th shipments.
The claimant (Mrs McKeever) owned and lived on Creola (a 15m sailing yacht). On 19 March 2014, the yacht ran aground in the Sulu Sea. The hull had not been breached but as the yacht could not be refloated, the claimant abandoned her, having secured and padlocked the hatches.
The "Mount Apo" and the "Hanjin Ras Laffan" [2019] SGHC 57
The California State Lands Commission has issued an update regarding Assembly Bill (AB) 912 being signed into law. The AB will bring in the following changes to the Marine Invasive Species Act as from 1st January 2020:
The following table lists countries which have imposed bans on vessels fitted with open-loop SOx scrubbers calling at their ports, and on the discharge of washwater from these scrubber systems within their port waters.
The UK Club have received the following circular from local correspondents Proinde, regarding an extensive oil spill in Northeast Brazil and its impact on shipping activities in the region.
Mineral Ban in Indonesia
10/10/2019
Members may have been aware of the looming ban on raw nickel ore export s out of Indonesia, as governed by Regulation of the Minister of Energy and Mineral Resources (ESDM) No. 11 of 2019 which was to take effect from January 1, 2020.
From 1 January 2020, the new 0.5% m/m global limit for sulphur in fuel used on board ships comes into effect. Parties in the bunker chain i.e. those involved in the production, distribution, storage, handling and use of bunker fuels have expressed concerns over the practical implementation of this new global limit, a substantial drop from the current 3.5% m/m. A Joint Industry Project (JIP) was therefore established to raise awareness of the issues which might arise.
Douala, Cameroon: Port Profile update
20/09/2019
The UK Club have received the attached updated port profile for Douala, Cameroon, including new information regarding armed guards at anchorage.
The UK Club has received the following update from Oasis P&I Services Company Ltd., regarding breach of low-sulphur fuel requirements in ECA in China.
Safe Carriage of Nickel Ore
13/09/2019
The Club wishes to remind Members of the liquefaction risks during the carriage of nickel ore, as the shipping community continues to witness further casualties.
The USCG recently published a final rule establishing increased limits under the Oil Pollution Act of 1990
Northern Cyprus: Reminder of restrictions on vessel calls to Famagusta, Karavostasi and Kyrenia
12/09/2019
Members are reminded that the Council of Ministers of the Republic of Cyprus issued an Order in 1974 (Order P.I
UK P&I Club announces aviation standard human element safety training initiative with CAE
10/09/2019
The UK Club has announced today at London International Shipping Week (LISW) that it had worked with CAE, the global leader in civil aviation training, on a human element safety training initiative based on aviation standards. The initiative will make available CAE's comprehensive Maritime Crew Resource Management (MCRM) learning materials and Train the Trainer support to all UK P&I Club Members.
The U.S. Department of Treasury's Office of Foreign Assets Control (OFAC) has continued to focus on international shipping as a means to implement the Iranian sanctions program and has now turned its attention to the bunkering of vessels engaged in Iranian trade or involving Iranian vessels.
Stowaways In South Africa update
30/08/2019
The Club's South African correspondents, P&I Associates South Africa, have provided an update on stowaways in South African ports. On Monday 19 August, the Senior Immigration Officer in Durban advised that as of immediate effect, no stowaways would be permitted to be landed in South Africa.
On September 1 2019, any vessel larger than 1,100 feet will no longer have open access to the Houston Ship Channel (HSC) absent approval by the newly authorized and independent Board of Pilot Commissioners for Harris County Ports.
Singapore Convention on Mediation
15/08/2019
The Singapore Convention on Mediation was signed on 7 August 2019 by 46 countries
The U.S. Department of Agriculture (USDA), Animal and Plant Health Inspection Service (APHIS) and the Canadian Food Inspection Agency (CFIA) have published the enclosed "in-season bulletin" regarding ongoing 2019 Asian Gypsy Moth (AGM) inspections and enforcement.
On Monday 5 August, 2019, President Trump issued Executive Order 13884, effectively blocking the assets of the Government of Venezuela in the United States or in the possession and control of any United States person.