Supporting Members

Supporting Members in an increasingly complex world

Operating a ship can now seem as much of an exercise in navigating the law, as it is in navigating the sea. A vessel can remedy errors of navigation by placing itself back on the desired course, but a single overlooked word in a contract or even a brief omission in regulatory compliance can have irreversible effects. Alexander McCooke, Claims Syndicate Manager - Offshore, The Shipowners’ Club looks at some of the ways that P&I Clubs are able to assist Members with the increasing legal complexity of the maritime world.

The most direct way that Clubs assist their Members with legal matters sits at the core of what the Club does – protection. In carrying on their business, Members may face claims from a wide range of parties, as well as being the subject of investigations, fines or official orders from local authorities.

They might need to enter Lloyds Open Forum contracts and be asked for ‘SOCPIC security’ or declare General Average and be unable to recover cargo interests’ proportion. They might have engaged in towage in an unfamiliar jurisdiction and be unsure about the efficacy of their agreement in the local courts.

In all these cases and more, the Club and its claims team will be there to assist Members with advice on their position and to help them defend and settle any claims which are made against them. To help with this the Club also maintains close links with a range of correspondents, law firms and technical experts worldwide, who it can rely on for expert local knowledge and support.

For those Members who take legal costs cover with the Club, an even wider range of assistance can be provided in any legal dispute Members might face.

STANDARD FORM CONTRACTS INDUSTRY UPDATES When standard form industry contracts are being reviewed, Although claims and contract review are responsive in the International Group (IG) clubs are always eager to assist nature, Clubs are also great exponents of issuing pro-active with the process. This allows them to distil years of advice and guidance to Members. When new rules, regulaknowledge from a wide range of disputes, queries and claims tions or conventions arise, we do whatever we can to draw into updated versions of the contracts commonly used. Members’ attention to the subject. We endeavour to help

I currently have the privilege of sitting on the Bimco Members interpret how it will affect them, and what they revision committee tasked with updating the Bargehire form. can do to comply where necessary. Another IG Club is assisting with the revision of the Towcon/ In our publications page, Members will find guides to Towhire forms. The representatives on the committee bring maritime law in multiple jurisdictions worldwide, along with valuable knowledge to the table and we are endeavouring to legal analysis by our LCC team and Q&As explaining Club make the form as concise, clear and effective as possible. cover and the MLC or coronavirus.

It is important that charterparties such as Bargehire do The IG, and its Members clubs, do much important work what they say they do. The legal content and formulation to lobby for positive change in conventions and other laws needs to be sufficient to give proper effect to the parties’ affecting ship owners and their insurance worldwide. I have intentions. But it is important that the form does not become seen this Collectively Stronger approach by the IG in action overly legalistic. It should be something which is readily thorough the work of a range of IG subcommittees, and most usable by all classes of barge owner and charterer. recently by attending the Legal, Insurance and Documentary CONTRACT REVIEW number of IG Clubs actively participate. When Members enter contracts, whether on a standard form As a Club we are represented across a wide spectrum of IG or otherwise, the Club will be able to review these agreements subcommittees and working groups. Where armed guards and share the benefit of its expertise on the subject. are required, there is a committee advising on how best

We see thousands of charterparties, contracts of carriage to contract them and guiding Members on how to avoid and other legal agreements that shipowners and charterers uninsured risks. must sign. As a result, the Club staff in underwriting and When Members face historic occupational disease claims, claims accrue a wide knowledge of contract terms, common we have representatives ensuring that Clubs work together amendments and trends, across vessel types and jurisdictions. to avoid gaps in cover. Where cargo claims arise under the

In particular, the Club will be able NYPE or Asbatime forms, costly disputes to consider the scope of potential can be avoided thanks to the work of club liabilities arising from the contracts delegates who negotiated a mechanism presented so that additional cover is for the automatic determination of such recommended if needed. Especially claims. Other colleagues are working for where contracts have been heavily Members’ interests on panels focusing on amended, or are part of an extensive compulsory insurance requirements, bill chain, the flow of liability and ‘‘The most direct way that Clubs of lading issues, pollution liability, salvage indemnity can be complex. In these claim processes and sanctions matters. cases, the perspective of someone assist their Members with legal The IG has also spent over a decade with years of specialist knowledge and creating comprehensive textbooks experience of related disputes, is a matters sits at the core of what and an examination course (the P&I valuable resource. Qualification) which details the risks

Sometimes Members seek assistance the Club does – protection. and liabilities vessel interests face in the with operational legal work, for modern world, and explains how they can example in preparing contracts In carrying on their business, best be handled and insured. Our former or in complying with regulations. Chief Executive, Charles Hume, was Shipowners also has an ability to assist Members may face claims from a instrumental in creating the course, and them here through CTRL Marine the programme has built a huge alumni Solutions Ltd. CTRL is a law firm, wide range of parties.’’ network among Club staff. In May 2020 wholly owned by the Club, established we had our first Members of clubs take to offer discounted technical and the exams. What was created to enable us legal advice to our Members. CTRL Alexander McCooke, to better serve and assist them can now also presents a cost-effective law firm The Shipowners’ Club be a valuable direct training and reference option for claims involving resource. English Law. Committee of the UK Chamber of Shipping, in which a