the Baltic
the
LIBOR vs
BDI
Autumn 2012
Staying afloat in rough waters Organised crime in Africa Prestige effect
T h e O f f i c i a l Ma g a z i n e o f t h e B a l t i c E x c h a n g e
Autumn 2012
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1
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Publisher: W H Robin son Editor: David Hughes (edito Deputy Edito r@mar-med ANDROID APP ON ia.com) r: Sandra Speares (sandr Project Mana a.speares@m ger: Dawn ar-media.com Barley (dawn Project Consu ) .barley@mar ltant: Alex -media.com Corboude (alex.corbou ) de@mar-me dia.com) Designer: Justin Ives (www.justin design.co.uk The views )
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World Bunke Draffi solely Media Ltd ring is publis n on behalf of hed by Marit IBIA and is ime part of their supplied to annua nolthe memT mem bers bership packa hrease r issu e of Wo ge. approa risk rld ches and the Bunkering been man dropp edi agers much tor ing gen my ma of the ilbox! tle hin has educa e tas xp ts kept k is one ting the in lain me occ The last ind three shed Th rou Publi views up ustryby: of informing ho mo and inv ied with and its INTERTA gh and w to Maritpa reque nths have IBIA; itation imertiMedi sts cip atia Ltd regulator ho Africasurv s Oithbu are exp NKThe s. on on wh wever, I hav to speak on for interBranch Diary ive and in oinke mode ere we sub e e been l prrHous behal sulph loring in vel the l that where mon ices -committe the f of ur/ Ricke tt efficie can ma adevo oping sustain fluct we wa are as an focussed and the low msulphthStree , keept ncy more ke ou lati a ing. nt to ua the e, we associ os urSW6 Lond I wa r workle business be in ing of tin comchang secu ences impact onton We hav 1RU high 12 mo ation and Han toverfu g up eo breunsel growt nt to see the pa to re be me e con UK Nev mbnies nths’ s Er tween h of the the a new kf-er ab for butin $20 pe tin erth ers .of elrou ik Ch claim budg the ver commi in memb CE in time. out im the mark the dif dges eles com ets andr ba association ued to kee Tel: +44 riste ership s ific tmen et fit me the is rr ati pl th s, (0) po s ferp the t to pro no rcia on pro hig em a ch the elboinard st, as your educa at it20 7386 nsen and proen et. 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Shipowner/operators carbon management strategies Fuel markets New technologies Key environmental issues
www.freight-international.net
www.greenshippinginternational.com
Contents Chairman’s message 7 Quentin Soanes Baltic briefing 7
8 Chairman’s cocktail party 10 Baltic Irish gathering 11 Setting the standards 12 FFABA Dry Derivatives Forum
8
13 Clarksons lifts Fehr Cup for first time 14 HFW beats Baltic 15 Sporting contacts Logbook
13
16 A POSH parade People, places, plcs 18 Refinery under investigation
14
Baltic comment 21 Michael Grey State of the market 22 Tankers
21
23 S&P 26 BIMCO 29 Dry Bulk 31 Shipmanagement, crewing and education
26
35 Registries theBaltic Autumn 2012 www.thebaltic.com
3
8 - 10 October 2012 Trident Hotel, Nariman Point, Mumbai
Delegat early b e ir DeaDlin D e S
5 epte mber A prescriptive look at the unique challenges facing India's maritime industry, its ambitions and what's realistically deliverable.
Book your place now at India’s leading maritime forum. Sponsors
Organised by
Where the world of shipping meets in India www.indiashippingsummit.com
Contents FFA 37 Staying afloat in rough waters Green shipping 37
39 Examining efficiency Oxford Analytica 40 Organised crime entwines with state in West Africa
40
United Arab Emirates 43 Terminal velocity Canada 45 Natural selection
  45
Breakbulk 49 Breaking news Insurance news 51 Commission closes International
  56
Group investigation 53 ITIC Legal news 54 Prestige problem
58
Finance 56 LIBOR vs BDI Marine technology 58 Information at the edge of the world
64
64 Events theBaltic Autumn 2012 www.thebaltic.com
5
“The TradeWinds Offshore Marine conference was a good platform for NCL and we appreciate the opportunity.” Leong Seng Keat, Nam Cheong Ltd “The event was very successful and I really enjoyed it!” Stig Erik Kyrkjeeide, Financial Analyst – Equity research, First Securities AS “There were many interesting presentations with useful debate.” Vinicius S. Figueiredo, Manager Oil & Gas Department, BNDES – Brazilian Development Bank
Important topics to be covered this year include: • Where is the E&P activity taking place and how much is actually going on? • What are the macro market forces at play for the OSV sector? • Exploring vessel trends in design and operations: How are OSVs evolving? • Financing: Exploring the latest developments in the funding scenarios for OSVs • PLUS: An exclusive Brokers Panel on Day 1 and Owners Panel on Day 2 – find out what the deal makers are predicting!
of brokers, owners, financiers and yards from each region on the speaker panel. TradeWinds Offshore Marine is the first conference of its kind with a truly global focus.
Markets to be covered include: North Sea, Brazil, Southeast Asia, India, China, and Australia with an expert representation
Visit our website to register for the conference and stay updated on event developments: www.nhstevents.com/events
+44 207 029 4165
How can you get a piece of the OSV success pie? Sponsor TradeWinds Offshore Marine and align your brand with the industry’s leading publication and conference on offshore support vessels. Call +44 20 7029 4165 to speak with Greg Whitehead or email him: gregory. whitehead@nhstevents.com
info@nhstevents.com
www.nhstevents.com
Chairman’s message Quentin Soanes
A collective strength Not only does the Baltic Exchange have an important role to play in the shipping market, but membership offers a degree of protection
A
s the new Chairman of the Baltic Exchange, I step into the role in a very challenging market for many of our members. Economic gloom, poor
freight markets and sanctions are all playing their part in the hurt that many shipowners, brokers and charterers are feeling. While chairmanship of the Baltic Exchange does not imbue me with the power to dispel all these woes, it does give me the opportunity to help ensure that the collective strength of the Baltic membership provides us all with some degree of protection. As a neutral body at the heart of the shipping market, the Baltic Exchange has always had an important role to play in not only the provision of freight market data and indices, but also in supporting its membership when facing reluctant payers. For many years, we have successfully exerted pressure on those companies that have not honoured arbitration awards or paid commissions. As a shipbroker myself, I fully understand the difficulties that a brokerage company can sometimes face in collecting commissions owed to it. Further on in these pages you will find an interview with Stephen Baldey, Chairman of the Baltic Membership Committee, explaining the
Quentin Soanes
role played by our disputes resolution service. I have had first-hand experience of the success that a warning from the Baltic Exchange can
the fast-growing maritime business hubs of
very tough for many members. However, I
bring on the client reluctant to prioritise a
Singapore, Hong Kong and Shanghai. We have
believe that those that conduct themselves in
payment owed to a member.
already taken significant steps towards this by
a professional manner, adhering strictly to the
with
opening an office in Singapore and changing
tenets set out in the Baltic’s code of conduct,
members all around the world, we seek to
the reporting times of some of our routes. We
will find that they continue to enjoy good levels
ensure that the quality of service we offer our
will continue to build on these services and
of support.
members in key shipping centres around the
ensure that the Baltic Exchange provides a high
Client loyalty and respect is earned over a
world is of a consistently high standard.
level of support to all shipbrokers, owners and
long period of time, and those that have acted
charterers, wherever they may be.
with the integrity through both the good and
As
an
international
organisation
We all know that the continued success of the Baltic will depend on its ability to provide
These are difficult times for all of us in
relevant services to companies operating in
the shipping industry and it is going to get
theBaltic Summer 2012 www.thebaltic.com
bad times can expect to remain in business for the long term.
7
Baltic briefing
Chairman’s cocktail party O
nce again, Baltic members and their guests enjoyed a champagne reception at London’s Christchurch in Spitalfields. The evening
attracted members from around the world and is always a highlight of the Baltic calendar.
Anna Sofia Espinosa and Patricia Jones (Baltic Exchange)
8
theBaltic Autumn 2012 www.thebaltic.com
Baltic briefing
David Lawrence (Pacific Basin), Stephen Baldey (OP Secretan),
Guy Campbell (Clarksons) and Joerg Bornhoft (Toepfer)
Yiannis Floutakos (Ursachart)
Duncan Dunn (SSY) and Tim Cutliffe (Trayport) with guests
Koert Erhardt and his daughter
Jeremy Penn (Baltic Exchange), Quentin Soanes (Braemar Seascope), Bob Childs (Howe Robinson) and Anna Sofia Espinosa
theBaltic Autumn 2012 www.thebaltic.com
Paul Evans (Baltic Exchange) and of Hugh McCoy
9
Baltic briefing
Baltic Irish Young Baltic gathering night T
he Baltic Exchange Irish Society celebrated its 30th anniversary in style at a packed Brewery, London, earlier this year. There was plenty of
oppotunity to meet new people – and enjoy a sing-song.
M
embers of the Young Baltic Association enjoyed a night on the tiles at London’s Revolution bar. Open to all Baltic members under the age of
35, the association holds regular get-togethers throughout the year.
Rajit Sharma, Natasha Visser and Tom King (V Ships)
Natalie Burrows (Clarksons Research) and Julia Tilley (Infospectrum)
Leonora Lawson, Ignacio Silva and Clementine Hendry (GFI)
Amy Cardale (EG Arghyrakis & Co), Marc Pauchet (ACM Shipping), Pinar Demirel (EG Arghyrakis & Co), Russell Taylor (Petrolneos Trading Ltd)
10
theBaltic Autumn 2012 www.thebaltic.com
Baltic briefing
Setting the standards The Baltic meets Stephen Baldey, chairman of the Baltic Exchange’s Membership Committee
T
he strength of the Baltic Exchange can
join the exchange. All new members must be
a company that has had a poor track record
be attributed to not only the diverse
proposed and seconded by an existing member,
and which has been reported to us.”
range of its membership, but also its
financial details provided and the applicant’s
The Baltic can begin the process of chasing
members’ involvement in the running of
name circulated among the membership. This
payments as soon as it is informed of an issue
the organisation. Nowhere is this more apparent
has already resulted in a couple of applicants
by a member. Initially this will consist of writing a
than in the work of the Membership Committee,
being rejected this year and Baldey notes that
letter and calling the company to obtain further
a group of four directors and two co-opted
the Baltic will continue to ensure that only
clarification of the situation. Often this step alone
members who provide expertise and input into
companies and individuals of good-standing
will see the problem resolved, but if not, the
the Baltic’s services that are not related to the
can join.
Baltic will list the company on the passwordprotected members’ area of its website.
production of freight market data. This covers
However, much of the day-to-day work of the
areas as diverse as helping members recover
committee is in the area of disputes. The Baltic
But it is not just the serious business of
monies owed to supporting the Baltic’s social
Exchange has a system of “posting”, which
business ethics and debt collection that the
and sports activities.
dates back to its trading floor days whereby the
Baltic’s membership committee looks at. The
The committee has spent much of the
Exchange lets its entire membership know if a
Baltic has a very active social scene, with the
past 12 months revising and updating the
company has withheld payment to a member,
exchange providing financial support to a range
Baltic Code, a guide to shipbroking practice,
perhaps by not paying a commission or having
of sports and social clubs. These range from
which will be reissued this September. It is a
honoured an arbitration award.
sailing weekends to quiz nights.
widely referenced document that covers both an
Members of the Baltic have access to a
Membership of the Baltic has always been
introductory guide to shipbroking and explains
comprehensive database of companies with
about being able to trust a fellow Baltic member,
the business ethics that Baltic members are
whom other members have experienced
and the work of the Membership Committee
expected to adhere to.
difficulties in the past.
ensures that this remains the case.
“Updating the Code has been a lengthy and
Baldey says that there has been an upswing
time-consuming task,” says Stephen Baldey,
in cases that have been brought to the Baltic’s
“But it’s vital that this document reflects all areas
attention in the past year.
that Baltic members are involved with, including
“In a weak freight market, shipowners may be tempted to take a gamble with charterers
freight derivatives.” The new Code addresses 19 different
they’ve never used before. We advise members
aspects of ethics and standards, as well as
to check with us first before fixing. Unfortunately,
providing a solid overview of modern shipbroking
there are a number of counterparties who
activity and terminology. Areas covered by the
choose to delay payments as long as possible
document include the misrepresentation of
and, in some cases, simply do not have the
authority, holding multiple vessels or cargoes
funds to settle outstanding balances. Often a
firm, the withholding of commissions, subjects,
warning from the Baltic that we will take action
disbursements,
and let the rest of the market know is enough to
market
information
and
contractual obligations.
elicit swift payment.”
Stephen Baldey, himself a shipbroker of
Indeed, the service has recovered around
40 years standing, believes that standards
$800K for members in the past 12 months,
are key to being a successful shipbroker and
enough says Baldey for many companies to
Baltic Exchange Membership Committee
comments that while many aspects of business
justify their membership subscription for several
Stephen Baldey (OP Secretan)
practice such as formalities may have gone
years. Most of the cases dealt with involve dry
Andy Carroll (Gray Page)
forever, the levels of professionalism have
bulk market charters, but the committee does
Tony Westbrook (Maersk Broker)
not dropped.
handle disputes in the tanker and sale and
Colm Nolan (Agelef)
purchase markets from time to time.
Co-opted:
As a self-regulated organisation, the Baltic Exchange expects the highest standards from
“It is in these difficult times that reputation
its members and the Membership Committee
is more important than ever,” notes Baldey.
vets all new companies and individuals that
“Baltic members will avoid doing business with
theBaltic Autumn 2012 www.thebaltic.com
Basil Mavroleon (Bray Shipping) Richard Goodall (Dromon Maritime Agency)
11
Baltic briefing
Baltic FFA courses London T
FFABA Tanker Derivatives Forum – 15 November T
he 2012 Tanker Derivatives Forum organised by the Baltic and the FFA Brokers
Association (wet) will take place in Geneva on 15 November. This sees players from across the sector as well as those from related markets who are interested in trading wet FFAs discussing the major issues affecting the industry. There will be a reception hosted by the FFABA after the Forum. Please email ceccleston@ balticexchange.com for more details.
he next round of Baltic Exchange training courses takes place this October in London
Three Peaks Challenge
at the Exchange.
Freight Derivatives & Shipping Risk Management – 15-16 October
C
ongratulations to the many Baltic Exchange members who took part in the Three Peaks
Challenge and raised over $600K for the Sailors’
• Introduction to shipping risk
Society. The challenge involved climbing the
• Freight rate risk management
UK’s three highest mountains – Ben Nevis,
• Freight rate options
Helvellyn and Snowden – over a 24-hour period.
• Clearing & settlement of shipping derivatives contracts
Winners were Bunge’s “Force Majeur” team,
• Bunker risk management
which completed the climbs in 5 hrs 22 m. Next year’s challenge involves climbing
• Financial risk management • Ship price risk management
Borneo’s Mount Kinabalu (5-8 April). Contact
• Value at risk in shipping
sbennett@sailors-society.org for further details.
• Credit risk in shipping
Advanced Freight Modelling & Trading – 18-19 October • Spot freight rate dynamics • Relationship between spot and time-charter markets • Constructing and using freight forward curves • Modelling freight rate volatility • Back-testing and stress-testing risk models • Writing and hedging options on freight
Baltic diaries 2013
• Pricing options in freight markets • Different types of real options abandon, expand contract; spot vs time charter; option to lay up) The highly regarded courses are led by Prof Nikos Nomikos and Dr Amir Alizadeh of Cass Business School. See www.balticexchange.com/training for further details.
T
he Baltic is now taking orders for its popular range of pocket and desk diaries.
Available in a range of finishes, the diaries can be personalised. See www.balticexchange.com/media/pdf/ diaries.pdf for full details or contact Chaz Albrecht at calbrecht@balticexchange.com
12
theBaltic Autumn 2012 www.thebaltic.com
Baltic briefing
Clarksons lifts Fehr Cup for first time Richard Fehr, grandson of Frank E Fehr CBE, reports on the day’s tennis in Surbiton
T
he final of the Fehr Cup was won
Results
for the first time in the history of the
Braemar 1
bt
Clarksons 3
W/O
Baltic Exchange Secretariat
bt
Harper Peterson
W/O 6/4
76-year tournament by Clarksons, which especially delighted Graeme
Murray, who had first entered 32 years ago and Richard Wetzki. This denied Braemar Seascope 1 a hat-trick (Charles Morrison and Tim Mellet). Although the score looked a little one-sided, the match was played in good Baltic spirit, umpired in his usual calm
Clarksons 2
bt
Howe Robinson 1
Nomikos 1
bt
Holman Fenwick
6/3
E A Gibsons
bt
ICAP
W/O
Vogt & Maguire
bt
Nomikos 2
6/3
Braemar 2
bt
Howe Robinson 2
6/1
Clarksons 1
bt
Galbraiths
6/0
way by Costas Maramenides, who was able to say “game, set and match” minutes before
SEMI FINALS
the heavens opened on cue at 4.05pm. In the
Braemar 1
bt
Clarksons 2
6/0
third place play-off, EA Gibson’s Andy Lawson
Clarksons 1
bt
E A Gibsons
6/1
bt
Braemar 1
6/2 6/2
Gibsons
bt
Clarksons 2
6/1 7/6
American Tournament
1
Braemar Seascope 2
American Tournament
2
Baltic Exchange Secretariat
and Chris Thompson overcame Clarkson 2’s Hugh Moines and Allan Kent-Lemon in a more
FINAL
closely fought encounter, the second set going
Clarksons 1
to a tie-break. Three cry-offs, two on the previous evening, resulted in 13 pairs contesting the Baltic Inter Firms Fehr Cup Tennis Tournament at the Surbiton Tennis & Fitness Club. Despite long delays on the M25, play in reasonable tennis weather was on schedule at lunch time, with
THIRD PLACE
referee Perry Perera restricting the first round to Thanks again to Perry
one set per match on the hard courts and the
Perera, the match referee
Club’s new artificial clay courts. Following the recent appalling weather, the
for
the
21st
who
consecutive
grass courts were strictly out of bounds. Our
year,
had
man in touch with the Met Office was told that
much behind the scenes for
done
rain could be expected at 4 o’clock and so the
organising the tournament
quarter-final matches were again restricted to
and
keeping
the
one set. This allowed the semi-final, the final
bay;
Costas
Maramenides
and third place play off to be contested over the
for umpiring the Final and
best of three sets.
organising the two section
rain
at
American
American
tournament for the early round losers resulted
Catherine
in Braemar 2 (Ben Jeans and Hugh Twort)
who came to the rescue
heading Section 1 and a convincing win for the
and
Baltic Exchange Secretariat (Crispin Ecclestone
digital camera to record the
and Oliver Lyth) in Section 2.
prize-giving ceremony.
The
two
sections
of
the
Tournament
so
used
Bacon the
and
(Cargill) referee’s
theBaltic Autumn 2012 www.thebaltic.com
Richard Wetzki and Graeme Murray
13
Baltic briefing
HFW beats Baltic Jamie Freeland reports on an evening’s cricket against the lawyers
A
fter a washout against Lloyd’s, the
remarkable run chase in tricky conditions.
has been mooted, but given the hospitality on
Baltic started its cricket season with
So once again the post tea (or in this
offer at the JP Getty estate, this is probably
a 15/15 fixture against legal giants
case “mid-innings evening refreshment”) curse
not realistic. Therefore, the only hope relies on
Holman Fenwick Willan (HFW) in
continues to plague the Baltic’s brave cricket
greater application of flair and the undoubted
Dulwich in a game threatened first by pre-
team. The imposition of a sporting Ramadan-
talent that exists within this fine group of
Olympic traffic and later by familiar inclement
style fast for the flagship City T20 tournament
players, so further entertainment is guaranteed.
weather. However, both sides were committed to playing and took to the field with great enthusiasm for this inaugural match. Baltic master blasters Russell and Walpole opened the batting and after initial struggles on a damp, seaming pitch, exerted increasing dominance over the HFW attack – reaching 63 for no wicket with some spectacular boundaries peppering the South London area. Walpole departed in glorious fashion (caught at long on), but Russell continued on his way until a bout of modesty saw him retire for a well-made 45. Oli Dannatt and new cap Andrew Pryce were able, if anything, to increase the scoring rate with one straight six from Dannatt rather selfishly delaying the game while fielders and spectators searched for the lost ball in dense undergrowth. However, his classy 28 ensured an imposing 162-3 was attained from the Baltic’s 15 over allotment. Sadly, this marked the high point of the evening from a strategic perspective as the Baltic bowlers suffered a terrible mauling at the hands of their erstwhile master batsman, now captain of HFW, Chris Owen and his big-hitting teammate Toby Savage, who hit some truly monstrous sixes off an increasingly depressed attack. Despite some useful overs of seam from Eccleston and Mastin that brought BECC briefly back into the game and a miserly spell of off-spin from the returning James Sayer, HFW secured the win with five balls to spare – a
14
The Baltic cricket team
theBaltic Autumn 2012 www.thebaltic.com
Baltic briefing
Sporting contacts There are many sports clubs associated with the Exchange. In most cases, they are open to both members and staff of member companies Baltic Association Football Club
Golfing Society
Sub-Aqua Club
Stephen Calafti
Chris Cox, c/o Frank Symons Ltd
Lorraine Burns
Anglo Greek Chartering
Devonshire House
The Baltic Exchange
The Baltic Exchange
146 Bishopsgate, London EC2 M4J
38 St Mary Axe, London EC3A 8BH
38 St Mary Axe, London EC3A 8BH
Tel: +44 (0)20 7377 5423
Tel: +44 (0)20 7369 1638
Tel: +44 (0)20 7283 9621
E-mail: info@balticgolf.co.uk
E-mail: lburns@balticexchange.com
Cricket Club
Lawn Tennis Club
Young Baltic Association
Jamie Freeland
Crispin Eccleston
Crispin Eccleston
AM Nomikos
Tel: +44 (0)20 7369 1654
The Baltic Exchange
4th Floor
E-mail: ceccleston@balticexchange.com
38 St Mary Axe, London EC3A 8BH
40 Grosvenor Gardens, London SW1 0EB
Tel: +44 (0)20 7369 1654
Tel: +44 (0)20 7591 1800
Sailing Association
E-mail: jf@amnomikos.com
Simon Cox
E-mail: ceccleston@balticexchange.com
Howe Robinson Shipbrokers 77 Mansell Street, London E1 8AF Tel: +44 (0)20 7457 8421
Key Baltic Exchange contacts Management
Government Broker
Baltex
Tel: +44 (0)20 7283 9300
Pat Swayne
Paul Stuart-Smith
Fax: +44 (0)20 7369 1622/1623
Tel: +44 (0)20 7369 1668
Tel: +44 (0)20 7369 1670
VPN 171 2000
Fax: +44 (0)20 7623 6644
E-mail: pstuartsmith@balticexchange.com
E-mail: enquiries@balticexchange.com
E-mail: pswayne@balticexchange.com
Chief Executive
Dispute Resolution
Robin King
Jeremy Penn
Barrie Wooderson
Tel: +44 (0)20 7369 1637
Tel: +44 (0)20 7369 1624
Tel: +44 (0)20 7369 1674
E-mail: rking@balticexchange.com
E-mail: jpenn@balticexchange.com
Fax: +44 (0)20 7623 6644
Marketing
E-mail: bwooderson@balticexchange.com
Freight Market Department
PA to Chairman and Chief Executive
Communications
Tel: +44 (0)20 7369 1625
Jill Bradford
Bill Lines
E-mail: wlyth@balticexchange.com
Tel: +44 (0)20 7369 1621
Tel: +44 (0)20 7369 1653
E-mail: jbradford@balticexchange.com
E-mail: blines@navigatepr.com
Baltic Exchange Charitable Society
Membership Manager
8 Eu Tong Sen Street
Jackie Harrison
#17-87 The Central
Richard Butler
Tel: +44 (0)20 7369 1633
Singapore 059818
Tel: +44 (0)20 7283 6090
E-mail: jharrison@balticexchange.com
Tel: +65 6377 0654
Willy Lyth
The Baltic Exchange (Singapore) Philip Williams
E-mail: pwilliams@balticexchange.com
E-mail: richard.butler@baltic-charities.co.uk
Events Room Hire Head of Finance
Jill Bradford
The Baltic website
Duncan Bain
Tel: +44 (0)20 7369 1621
www.balticexchange.com
Tel: +44 (0)20 7369 1627
E-mail: jbradford@balticexchange.com
E-mail: dbain@balticexchange.com
theBaltic Autumn 2012 www.thebaltic.com
15
Logbook
A POSH parade Ambrose Greenway joined in P&O’s 175th birthday celebrations this summer. Here, he presents a photo essay of P&O cruise ships
T
he Peninsular & Oriental Steam Navigation Co was established in 1837 with a service to the Iberian Peninsula,
but
over
time
this
was extended to reach all the way to the Far East and Australia. The company grew and eventually obtained controlling interests in many other well-known British shipping companies including British India, Coast Lines, Federal, General Steam, Hain, Moss Hutchison, New Zealand Shipping, Nourse, Orient, F C Strick and Union SS Co of New Zealand.
P&O’s iron-hulled 5,545gt Rome of 1881 became its first cruise ship Vectis in 1904
This made it by far the largest UK shipping group and in the early 1960s the combined fleet numbered 364 ships. P&O was closely involved in the establishment of Overseas Containers Ltd (OCL), one of the first British container companies, and had interests in bulk shipping, ferries, ports and the offshore industry. In the first decade of the 21st century, P&O Cruises was sold to the Carnival Group, OCL – which had joined with the Dutch Nedlloyd –went to AP Moller and the rest of the Group was bought Dubai interests. The turbo-electric Viceroy of India (1929/19,648gt) was a cruise favourite in the 1930s
Celebrations This year marks P&O’s 175th Anniversary and it was celebrated on 3 July with a ceremony aboard Oriana in Southampton, where HRH The Princess Royal cut an anniversary cake. Later, all seven ships in the P&O Cruises fleet departed in line ahead to the accompaniment of fireworks and steamed past the Trinity House vessel Patricia at Spithead, where the Princess Royal, Master of Trinity House, took the salute. Karageorgis’ brightly painted Mediterranean Sea at Corfu in 1975
16
theBaltic Autumn 2012 www.thebaltic.com
Logbook
The engines-aft 45,733gt Canberra, shown returning from the Falklands Campaign on 11 July 1982, was built in 1961 for the express service to Australia, but later became a much-loved cruise ship
Arcadia (1954/29,734gt) cruised in the Pacific in 1959 and went full time cruising in 1970 minus her mainmast
The 113,000gt sisters Azura (2010) and Ventura (2008)
HRH The Princess Royal and Elder Brothers of Trinity House greet
are currently the largest in the P&O Cruises fleet, but a
Oriana (1995/69,153gt) during the 175th Anniversary Review
two-funnelled giant of 141,000gt is due in 2015
An unforgettable and surely unrepeatable sight as the P&O Cruises fleet heads for the Nab Tower before going their separate ways
theBaltic Autumn 2012 www.thebaltic.com
17
People, places, plcs
Refinery under investigation Venezuela’s Amuay refinery fire comes under the spotlight. Plus: ballast water, incipient impairment; piracy; lending; OSD; ECDIS; testing; ShipServ
I
nvestigations have begun into an explosion
2013, with the new ECA taking effect 12
at Venezuela’s Amuay refinery, which killed
months later on 1 January 2014.
“Given that the costs of fitting the treatment equipment may be in the order of $1.5m a ship,
48 people. Fires at the refinery – Venezuela’s
it does not make economic sense for older
biggest – continued for four days, with oil min-
ships approaching the end of their lives to incur
ister Rafael Ramirez saying that state-owned
ICS concerns on ballast water
oil company Petroleus de Venezuela was in
With the imminent implementation of 2004
“no hurry” to restart the plant and would carry
Ballast Water Management Convention, the
out an “exhaustive inspection” before trying to
International Chamber of Shipping has called
Incipient impairment
restart processing.
on the IMO to address concerns it has with the
Accountant Moore Stephens says it expects to
convention.
see an increase in the sort of pressure recently
President
Chavez
has
called
for
an
investigation into the incident and unions have been calling for the resignation of Ramirez. The plant can process 645,000 barrels a
this huge expenditure,” Tongue said.
According to ICS director of regulatory
exerted on shipping companies by the US
affairs, David Tongue: “Shipping companies
Securities and Exchange Commission (SEC) to
represented
make disclosure when the market value of their
by
our
member
national
day. What effect the outage will have on the
associations have serious concerns about the
product tanker and crude markets will depend
availability of suitable ballast water treatment
on how long it lasts and how extensive damage
equipment,
type
often referred to as “incipient impairment”, has
is to the refinery. As Hurricane Isaac has
approval process and, above all, the difficulties
been reflected in the 2011 filings of many SEC
affected refining capacity in the US, this has
of retrofitting tens of thousands of existing
registrants.
also put pressure on supplies.
ships within the time frame established by the
the
robustness
of
the
BWM Convention.”
vessels is less than their carrying value. The pressure for this type of disclosure,
Moore Stephens partner David Chopping says: “The SEC has seen impairment charges
In its submission to the IMO Marine
in the accounts of a number of shipping
North American ECA
Environment Protection Committee, which
companies in the last few years. But it has
The North American Emission Control Area
meets in October, ICS has requested that
apparently not seen quite as many as it
(ECA), came into effect from 1 August 2012,
the issue of fixed dates for the retrofitting of
might have been expecting. It is easy to
bringing in stricter controls on emissions of
expensive new equipment by large numbers of
understand why the SEC and others might
sulphur oxides (SOx), nitrogen oxides (NOx)
ships, perhaps as many as 60,000, needs to be
consider disclosure of market value to be
and particulate matter for ships trading off
addressed urgently.
useful information and want to see it more
the coasts of Canada, the US and the French Saint-Pierre and Miquelon. There are now three designated ECAs in
ICS believes that a serious discussion is
widely disseminated. It is more objective than
needed at IMO before the Convention enters
valuations based on management estimates,
into force.
it is more comparable across companies and
The ICS has proposed that the IMO should
it sets benchmarks against which companies’
modify the BWM Convention’s requirements
own policies can be assessed. Indeed, for
A fourth area, the United States Caribbean
so that existing ships should not be required
some parties, the information might seem
Sea ECA, covering certain waters adjacent
to be retrofitted with treatment equipment
far more important than valuations based on
to the coasts of Puerto Rico and the United
until their next full special survey. ICS also
projected future income streams.
States Virgin Islands, was designated under
proposes that ships approaching their fourth
“At the same time, it is equally easy to
MARPOL amendments adopted in July 2011,
special survey should be exempted from the
visualise objections to such disclosure. Values
with expected entry into force on 1 January
equipment requirements.
are to be determined on an unfixed basis, so
effect globally, the other two being SOx ECAs in the Baltic Sea area and the North Sea area.
18
theBaltic Autumn 2012 www.thebaltic.com
People, places, plcs the
and exit routes for distressed assets and
vessels are fixed for fairly long periods with
International Maritime Bureau shows that
under-performing shipping portfolios. The joint
high-quality charterers. Similarly, while values
177 incidents were reported in the first
approach brings together the long-term ship
may look comparable, if the fixture position
six months of 2012, compared to 266
management experience and bank contacts of
differs significantly, then such comparability
during the corresponding period in 2011: a
Graig and the freight market expertise of GMI.
might be considered spurious. And even if a
33% reduction.
are arguably of only limited relevance where
The
latest
report
published
by
Hugh Williams, CEO, Graig Group, says:
vessel is operating in the spot market, or a
“The latest figures published by the IMB
“This is a slow burn crisis for shipping banks
fixture is going to be ending shortly, while other
come as no surprise”, says Tom Patterson,
and it is by no means over. Banks are currently
objections might be less compelling, there are
manager of maritime information services
only really lending to offshore and LNG projects,
still concerns about the volatility of market
at Control Risks. “Somali piracy has had a
while nursing portfolios of tankers and bulkers
values. How relevant is a valuation at a point of
disproportionate effect on global figures for
which may be under the water in value terms
time in a volatile market where an asset might
several years and the reduction does not reflect
and in many cases are underperforming as
have many years still to operate?
a genuine improvement globally but rather a
loans. They want a lot of ships off their books
downturn in one area of the world.”
or under better commercial and technical
“Nonetheless, it seems very unlikely that the SEC will change its mind and decide that
Also notable, Patterson argues, are the
such disclosure is not useful. It is far more likely
figures released by the IMB for West Africa,
that other bodies – and indeed investors – will
which suggest a dramatic rise in incidents.
“We know there is a queue of ship
start expecting to see such information. This
“Piracy in West Africa has not attracted the
managers outside every banker’s door offering
can happen without any need for changes
same level of international attention as East
technical ship management and there is private
in the rules and indeed the SEC has not
Africa in recent years, primarily due to under-
equity in the marketplace looking to pick
explicitly changed the disclosure requirements.
reporting and the fact that the crime takes
up opportunities.
It seems to have relied more on the ‘Al Capone’
many different forms in that area, not purely
“This link-up with GMI brings the two
approach of a kind word: everyone already
hijacking for ransom, but the problem is no less
together in a powerful combination, which
knows it has a gun!”
critical. Attacks are violent and the threat to
can
crew safety is significant.”
commercial presence to help banks clean up
management and with GMI alongside us we can deliver that.
apply
technical
know-how
and
their portfolios.”
No room for complacency The drop in global incidents of piracy in the
Safe havens for lenders
first six months of 2012, which has been
The Cardiff-based Graig Group has teamed
OSD secures new contracts
driven by a sharp reduction in Somali pirate
up with Global Maritime Investments to
Offshore Ship Designers UK division OSD-IMT
attacks, reflects the effectiveness of counter-
provide shipping lenders with tailor-made
has been awarded a contract to supply the
piracy measures, but should not be a cause
solutions for problematic shipping exposures.
design for a modified version of its IMT 982
for premature celebration, according to Control
Working together, the two groups will provide
Platform Supply Vessel to be built at the new
Risks, a global business risk consultancy.
lenders with workout solutions, safe havens
shipyard facility of Honghua Offshore Oil & Gas
No room for complacency
theBaltic Autumn 2012 www.thebaltic.com
19
People, places, plcs Equipment in Jiangsu, China. The contract is the result of increased
ships in the Mozambique Channel that would
ShipServ
have been approximately 1,000 miles long.
ShipServ has recently announced the launch
marketing and technical collaboration between
On 1 July, new mandatory IMO requirements
of a new reporting tool, which will enable
OSD group companies. It is contracted
for ECDIS entered in force, something which
maritime suppliers and brand manufacturers
through OSD-Shanghai, with OSD-Singapore
ICS has long supported provided that sufficient
to track their entire marketing spend across
providing design engineering technical support
Electronic Navigation Chart availability could be
both
to OSD Shanghai for design modification.
met before the phased-in carriage requirements
Pages
first become effective.
ShipServ TradeNet.
The
basic
class-approved
design
documentation and design licence is provided
“Disturbingly, it has become apparent
The
maritime and
search its
Supplier
engine
ShipServ
e-commerce
platform
Insight
Report
is
now
that not all ECDIS systems may be fully
available to all 40,000 suppliers registered on
effective, with the International Hydrographic
ShipServ Pages free of charge and shows in
Organisation (IHO) advising that some systems
one simple dashboard all the results of their
FONASBA Supports Container Weight Verification Initiative
have reportedly failed to display significant
marketing activity broken down into banner
underwater features in the ‘standard’ display
advertising impressions, searches, profile
FONASBA, the international ship brokers and
mode, necessitating the continued use of paper
views, contact views, request for quotes and
ship agents federation, is backing to international
charts,” the ICS says.
purchase orders.
by OSD-IMT Ltd, Montrose, UK.
government and industry efforts aimed at
ICS director marine, John Murray, remarked:
ensuring that shipping containers for export are
“ICS welcomes IMO’s recognition of the
accurately weighed.
problem and its development of a circular
Baltic training
The initiative, which is being led by the World
providing advice on the issue to mariners, with
Baltic Exchange members are asked to
Shipping Council together with shipowners’
a meeting with ECDIS manufacturers planned
consider sending their young colleagues to be
association
International
for September that will hopefully get to the
trained in preparation for the annual professional
Association of Ports and Harbours, the
root of this serious problem. But in view of the
exams of the Institute of Chartered Shipbrokers
International Chamber of Shipping and the
potential danger presented by ECDIS operating
(a Baltic Exchange member organisation).
International Transport Workers Federation, as
anomalies, ICS will continue to monitor the
Evening classes are offered by Maritime
well as the maritime administrations of Denmark,
situation very closely.”
Education & Training Ltd and organised by
BIMCO,
the
the Netherlands and the US, will be launched
IMO Member States have also rejected a
Jeffrey Blum (a Baltic Exchange individual
at the 17th session of IMO’s Sub-Committee
proposal to establish a new recommended
member) starting Monday 10th September.
on Dangerous Goods, Solid Cargoes and
route for all ships in the Mozambique Channel
Please see ‘www.metl.info’; or write to him at
Containers (DSC 17) in September.
that would have been approximately 1,000
‘admin@metl.info’ for more details.
The
problem
of
under-declared
and
miles long.
unverified containers is a serious one for ports
John Murray said: “We are pleased that
and ships. A paper to be put forward at the
IMO has carefully listened to shipowners and
Mission event
IMO
recent
made the right decision. Support for such a
A CHAMPAGNE fish ’n’ chip supper in aid of
containership accidents, some boxes had
concept could have set a very unwelcome
The Mission to Seafarers has received a financial
been up to 10 tonnes heavier than the manifest
precedent for the management of deep sea
boost from the Baltic Exchange.
weight, leading to stack collapse, capsizes
navigation elsewhere.
meeting
revealed
that
in
and even contributing to the break up of
The supper, which will be held after the
“The compelling need for the measure was
Annual National Service for Seafarers on
unclear and no statistical evidence had been
October 10th, will bring together industry
FONASBA general manager, Jonathan
provided regarding shipping casualties or near
leaders for the traditional British seaside dish
Williams FICS said: “Ship agents see the
misses. This omission made it very difficult
in the beautiful Victorian surroundings of the
problems that inaccurately weighed containers
to quantify the anticipated benefit that the
Punch Tavern on Fleet Street.
cause ports and ships every day. It is extremely
proposal might have delivered.”
the vessel.
“We are delighted that the Baltic Exchange
worrying that there is currently no obligation for
has chosen to support The Mission to Seafarers
containers to be accurately weighed anywhere
by sponsoring this event,” said Tara Fox, the
along the transport chain. FONASBA hopes
Ship testing
charity’s head of corporate partnerships. “The
that this initiative will rectify this anomaly and
Class NK has started full scale ship tests to
Baltic has long championed the Mission’s work
bring considerably more certainty, resulting
develop a feedback scheme on the design for
and this partnership will help to further our
in increased safety levels for all parties in the
ships performances in real time sea states in
range of essential services to seafarers around
container shipping sector.”
collaboration with Imabari Shipbuilding and
the world.”
Sayonas Shipbuilding. During the joint research
There are still places available for the
project, the energy saving operation support
evening, which starts at 6pm following the
ECDIS and route measures
system ClassNK-NAPA GREEN will be installed
service at St Paul’s Cathedral. If you’d like to
The International Chamber of Shipping has
in ships built by the two yards, following
book a place, contact Katherine Wylie at the
welcomed the decision by the IMO Sub-
which the effectiveness of energy saving will
Mission on 020 7246 2939 or email katherine.
Committee on Safety of Navigation to take
be monitored.
wylie@missiontoseafarers.org.
action to address operating anomalies with
The project’s objective is to help with a
Electronic Chart Display and Information
total optimisation of performance as far as fuel
Systems (ECDIS) and to reject a proposal to
efficiency, not only in calm seas but also in actual
establish a new recommended route for all
sea states.
20
theBaltic Autumn 2012 www.thebaltic.com
Comment – Michael Grey
Changing of the old guard Another historic shipping firm closes its doors for good
W
hen something has been around
Clarke has been partly due to all this nonsense
for all of your working life, it is
of the Climate Change Act and its absurd targets
sad when you suddenly discover
for the subsidy and promotion of “sustainable”
that it is no longer there. In the
energy, which has surrounded our shorelines,
shipping industry, it is just part of the everlast-
our moors and hills, with pointless wind turbines.
ing change, but it doesn’t mean that you should
In a UK that sometimes seems intent on
not feel a little pang of regret when it vanishes
seeing its population freezing in the dark as
forever. Somebody once described the shipping
governments dally on “politically acceptable”
industry as being like a big room with two doors,
energy decisions, and which has seen nose-
with newcomers entering through one to join the
ringed
throng within, and people who had been around
perimeters and chaining themselves to collier
for a while disappearing out of the other. I sup-
anchor cables, you sometimes think that the
pose it is a comforting way of coping with loss.
lunatics have indeed taken over the asylum.
“activists”
storming
power
station
The demise of the short sea operator
Perhaps Stephenson Clarke missed a trick
Stephenson Clarke, which has been around in
and the agility which saw it smoothly move from
one form or another since 1730, is a bit special
sail to steam and meet so many other challenges,
in this scale of loss because of its extraordinary
rather eluded it in the end. Perhaps it was just too
antiquity. Robert and Ralph Clarke, master
Michael Grey
mariners, first began with coastal coal and the
small to take a punt on wind farm installation and maintenance, or oil-rig demolition and recycling,
company remained in this business throughout,
ships and managed the same number for pretty
or the snake oil of trading in carbon rather than
branching out into deep sea trades and the
well all the electricity generating boards that
coal, which I am told are the new favoured flavours
management of other owners’ fleets.
supplied British power.
of the times we are living through. The climate of
The company first ran collier brigs that would
I remember it from my childhood, biking over
the times, which has seen the disappearance of
take the ground on the southern beaches and
to Shoreham by Sea to watch its ships squeezing
far better resourced shipping companies, doesn’t
when steam came along, morphed smoothly
through the locks into the floating harbour, along
exactly incline towards shipping investment.
into steamship operations, embraced technical
with all the other coastal colliers that fed the old
Who knows, maybe someone will reactivate
innovations like water ballast tanks, self-trimming,
power station and the fires of Brighton and Hove.
this famous shipping brand, with its ships named
steel hatchcovers and diesel propulsion, when
I remember being allowed to look around one,
after Sussex villages, when the times are more
each of these clever ideas came along. It built
with its black and Silverene funnel and going
propitious. We still need ships and there is
ships for the St Lawrence Seaway and its small
home covered in coal dust. Now it is gone for
something of a renaissance of coastal trade,
bulkers could be found in all sorts of improbable
good, joining the Everards, Shoreham Shipping &
thanks to clever shipowners like the Neapolitan
foreign charters.
Coal, Crescent, General Steam, Metcalf, Rix and
operator Grimaldi or the Belgian genius of
Cory, and so many others in the huge pantheon
Cobelfret. Those old master mariners Robert
of British coastal shipping.
and Ralph would look down with approval at
It was a survivor, firmly wedged into that room with its ever-changing population of shipowners down the centuries, as so many others came
High costs, fuel prices and rotten rates have all
the sheer efficiency of their smart freight ferries
and went. It survived wars, depressions, coal
been contributors to the demise of this venerable
re-establishing the coastal roads between the
strikes, the nationalisation of the coal industry
company, which until the last contrived to run a
Baltic and the Mediterranean. These, they might
and even the Labour government handing over
few small bulkers feeding the shrinking number of
think, are very suitable successors in the long line
coal transport to the newly nationalised British
power stations still fired by coal. And maybe that
of short sea ships which began with those collier
Rail, on very favourable terms. It even survived the
is the clue, with all the climate change hysteria
brigs, as the door closes behind Stephenson
disappearance of the UK coal industry, although
and terror of “carbon”, that has forced many
Clarke after 282 years.
by then it was a much shrunken company from
of these coal fired units into premature closure,
Behind me, too, after writing this Baltic
the enormous operation it had been in the 1950s
despite this country still sitting on at least 40 years
Comment for a dozen years or more. It seems
and 60s, when it ran a fleet of nearly 50 owned
of coal. I would suggest that the end of Stevie
time for a change.
theBaltic Autumn 2012 www.thebaltic.com
21
Tankers
Tankers on the turn? Conditions remain challenging in the tanker business with some companies carrying high levels of debt, but there are also some positive developments
I
n an open letter to shareholders, Herbjorn
Ship Finance
Golar LNG
Hansson, chairman and CEO of Nordic
Ship Finance International also had good news
Golar LNG reported operating income of $58
American said last month that while it was not
to report in the second quarter with net income
million for the second quarter of 2012, an
possible to predict when the markets were
of $61m, compared to $39m in the previous
increase of 108% from the first quarter.
going to recover, the fundamentals ”seem to be
quarter, as did James Fisher, although Odfjell
According to the company: “Far East
slowly turning in our favour. In our sector, the
continued to experience weak results through
demand, particularly in Japan, increased during
orderbook for new Suezmax vessels is shrinking
reduced demand and softer freight rates for
the quarter, which created competition with the
rapidly. By the end of next year, fleet growth will
chemical tankers.
counter seasonal markets in the Middle East
virtually come to a standstill.
Commenting on the results, SFI chief
and South America pushing up LNG prices.
“While no guarantees are given, seen in the
executive Ole Hjertaker said: “We continue to
Considerable supply moved into Argentina,
context of potentially growing oil demand, this
deliver positive results and have paid quarterly
much of it replacement cargoes following
would suggest that a recovery in spot rates
cash dividends since our operations began
Repsol’s cancelled supply contracts.
for our vessels could be on the horizon; the
in 2004. Our fleet renewal is progressing
“Brazil also appeared as a new entrant
markets often turn quickly. The main point
well and we have sold six older OBOs and
into the trading market, trading spot cargoes
for NAT is that we have a strategy that is
VLCCs over the last year and at the same
that were originally intended for Brazil. While
designed to work in all markets no matter how
time taken delivery of seven newbuilding
demand in Europe remained weaker, LNG
challenging they are. We see now, however,
drybulk vessels. We still have another six
prices rose on the back of strong interest to
that 3Q2012 is expected to be weaker
newbuildings to be delivered in 2012-2013,
re-export cargoes to markets in the Atlantic and
than 2Q2012.”
but very low remaining net capital expenditures
Pacific basins.”
Hansson
said that the company was
“actively considering opportunities to invest
after financing.
While prices softened towards the end of
“The spot market is challenging in many
the quarter, Golar said that the lull could be
when ship prices are down. Over the recent
segments
past, we have inspected several vessels that
have access to capital for new investments
are candidates for acquisitions. We also keep
right now. Concurrently, we have seen both
Keith Bainbridge, a partner in RS Platou told
a close eye on possible distressed situations
secondhand and newbuilding prices fall sharply
a London Shipping Law Centre seminar recently
in the industry. NAT is well positioned to take
over the past 12 months, to levels not seen for
that he believed that from 2014 onwards there
advantage of historically very low asset values.
a decade.
will be more LNG ships than there is product
and
few
shipping
companies
short-lived as Asian countries begin to stock up on supplies for the winter.
We are, however, exercising prudence and
“While we have been cautious and not
and therefore prices would come down. Prices
caution, and are very conscious not to make
made new investments for some time, the
could also be affected by the number of new
investments prematurely. The passage of time
current market environment could prove to
ships coming in without contracts.
works in our favour. Our feedback from the
be an interesting time to invest selectively
Both Golar and Awilco have been reported
shareholder community has clearly supported
in modern assets with the aim to build our
to be holding back on fixing their newbuildings
this approach.”
long-term distribution capacity.”
in the hope of getting better contract prices.
22
theBaltic Autumn 2012 www.thebaltic.com
S&P
Tanker tradition Crowley Maritime is looking forward to the delivery of two new Jones Act tankers. Plus: Frontline; LNG order; Hartmann; Hellenic; Norden; COSCO; DST
C
Corporation’s
operators in the US, we have a proven
for a premium of about 30% over its scrap
petroleum and chemical transporta-
reputation for providing economical, reliable
value. The 1996-built, 298,306 dwt Hampstead
tion group announced in August that
service while adhering to the most stringent
is understood to have been sold to Chinese
it had purchased two new Jones
safety and environmental protection standards.
buyers for around $24m.
Act tankers, the Pennsylvania and the Florida,
This tradition is certain to continue with the
from Aker Philadelphia Shipyard. The tankers,
delivery of these two new tankers.”
rowley
Maritime
Frontline has also signed a deal for up to six 83,000-cmb VLGCs at Jiangnan Shipyard
scheduled for delivery this month and in March
The US-flagged vessels are the 13th and
in China for $63.5m each. Platou Markets
2013, mark Crowley’s re-entry into the Jones
14th in the Veteran Class built at Aker. The
has been quoted as saying that this is lowest
Act tanker market since its last tanker was
vessels are classed with ABS. With a length of
price, allowing for inflation adjustments in the
retired in 2011.
183.2 m, a breadth of 32.2 m, and a depth of
past 20 years. Given the Chinese yards’ lack of
The addition of these new tankers also
18.8 m, the 45,800 dwt tankers have a draught
experience in building gas ships, the Frontline
positions Crowley to offer a more diverse
of 12.2 m. Powered by the first Tier II large-bore
order represents a good opportunity for them.
fleet of petroleum and chemical transportation
engines, MAN-B&W 6S50MCs, the speed of
While China is the biggest shipbuilder overall, a
vessels to its customers. The tankers will be
the Pennsylvania and the Florida is expected
large proportion of its newbuilds have been for
capable of carrying nearly 330,000 barrels
to average 14.5+ knots. In addition to being
the bulk carrier market and it will therefore need
of a wide variety of petroleum products and
double hulled with segregated ballast systems,
to diversify, and quickly.
chemicals. Once delivered, the vessels will
safety features also include water and CO2
operate in the US coastwise trade.
firefighting systems, as well as a foam water
“Crowley is thrilled to partner with Aker
spray system.
LNG order
Philadelphia Shipyard and to take delivery of these new Jones Act tankers,” said Crowley’s
Nantong Mingde Heavy Industry obtained an
Chairman, President and CEO Tom Crowley.
Frontline activity
order in July to build around 21 LNG ships
“We are bringing the best available technology
Frontline has agreed with sister company Ship
for Bermuda-based Cambridge Energy Group.
to our customers, who understand and
Finance International Limited to terminate the
The deal has been much discussed, not least
appreciate safety and operational excellence.
long-term charterparty for the OBO carrier Front
because of China’s inexperience in building
This is yet another example of our on-going
Climber and Ship Finance has simultaneously
ships in this segment.
investments in new equipment and technology
sold the vessel. The charterparty is expected
As the yard itself acknowledged that
to meet the current and future needs of
to terminate in late September 2012. Frontline
although the first LNG carrier has been built in
our customers.”
will make a compensation payment to Ship
China, independent design and construction
“Putting these vessels into service continues
Finance of approximately $600,000 for the
ability is “still far from mature”. The co-operation
our commitment to offering a wide variety of
early termination of the charter. The transaction
between the parties will be of great significance
solutions for the safe and reliable transportation
will reduce the company’s obligations under
for the Chinese shipbuilding industry to achieve
of petroleum products and chemicals for our
capital leases by approximately $1.7m and
a breakthrough in such a high tech business.
customers,” said Crowley’s Rob Grune, senior
the company expects to record a loss of
vice president and general manager, petroleum
approximately $4.2m.
services. “As one of the largest independent
Frontline recently sold a 16-year-old VLCC
theBaltic Autumn 2012 www.thebaltic.com
According to the Strategic Co-operation Agreement, nine ships of 140,000 m3 will be built, 10-12 of 20,000m3 to 40,000 m3 LNG
23
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Newbuildings
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S&P carriers and two FLNGs, which have annual
subsidiary Patmos Shipping has completed the
strategic focus on fuel efficiency, Norden said.
output of two million metric tonnes each.
sale of the 1991-built 65,434 dwt Panamax
Furthermore, Norden has also recently sold two
“This is a new breakthrough and challenge
dry bulk carrier, Hellenic Sea. The Hellenic
handysize dry cargo vessels with a positive cash
for Mingde Heavy,” Ji Fenghua, Chairman of
Sea was sold to nominees of Dianik Bross
flow effect of USD 42 million.
Mingde said. “For this LNG carriers project, we
Shipping, an unaffiliated third party, for a
have recruited experts on LNG carriers in China
total cash consideration of $5.3 million. The
and created a R&D team.”
vessel was delivered to her new owners on
COSCO offshore
23 August 2012.
COSCO (Qidong) Offshore, a subsidiary COSCO
The vessel was initially acquired in March
Shipyard Group Co, has secured a contract
Hartmann deal
2002 at a price of $9.6 million. During the
valued over $20m from BAM International
Tufton Oceanic and Blackstone have bought a
past 10 years of her operation, the vessel has
Australia and Clough Projects Australia to build
majority stake in nine tankers from the German
contributed approximately $40.6 million to the
a jack-up barge.
Hartmann Group. The private finance players
company’s net profit.
are understood to have a 75% stake in seven medium range and two long range tankers. Hartmann is expected to continue to manage the ships, with commercial management from
The barge will be built to the GustoMSC
Taking into account the vessel’s net book
SEA-1250 design will be able to operated in
value and expenses related to the sale,
water depths of up to 30 metres. The vessel is
Hellenic expects to realise a net book loss of
scheduled for delivery within a year.
approximately $0.2 million on the sale.
United Product Tankers, Hartmann’s joint
DST Shipping
venture with Schoeller Holdings.
Norden activity
DST Shipping, Greece is understood to
Norden has ordered two handysize product
have placed an order at IHI for a pair of
Hellenic renewal
tanker newbuildings from Guangzhou Shipyard.
56,000dwt Supramaxes. The vessels are
Dry
has
The vessels have a significantly lower fuel
believed to be scheduled for delivery in early
announced that as part of its ongoing fleet
consumption than comparable vessels in
2014 and brokers suggest pricing is in the
renewal
the market and thus support the company’s
higher $20m range.
bulk
operator
Hellenic
programme,
its
Carriers wholly
owned
China COSCO Shipyard
theBaltic Autumn 2012 www.thebaltic.com
25
BIMCO
Meeting the challenges Pernille Kaervad Jacobsen reports on BIMCO’s diverse work programme
O
ver the past decade or so, the range
familiarity of the present edition while reflecting
Hull fouling clause
and complexity of BIMCO standard
current commercial practice and latest develop-
Work is currently on-going to develop a standard
contracts and clauses has increased
ments in the law.
time charter clause to help regulate the alloca-
significantly. The current work pro-
Revision work began in July with a BIMCO
tion of costs and responsibilities for dealing with
gramme is a diverse list of projects ranging
team reviewing suggested amendments pro-
marine growth on the vessel’s underwater parts,
from the development of a time charter party for
posed by ASBA and brainstorming a few ideas of
which affects performance if the growth is due
offshore wind farm transfer vessels to a clause
their own. The team will meet again in September
to an extended stay in port on the charterers’
to deal with OFAC (US Office of Foreign Assets
in London and it is hoped that the revised edition
orders. The Clause will also provide for partial
Control) and similar regimes.
of NYPE will be ready for adoption by BIMCO’s
cleaning, for instance cleaning of the vessel’s
Documentary Committee when it meets to cel-
propeller and/or sea chests, recognising that
ebrate its centenary in Paris in May 2013.
cleaning may not be possible in the port or area
However, in between dealing with technical challenges and new international legislation, BIMCO is not overlooking its historical roots in
where the vessel has been sitting.
developing and revising traditional charter parties.
This project is aimed at providing owners
WINDTIME: time charter party for offshore wind farm transfer vessels
with a flexible solution to inspection and clean-
Increasing focus on renewable energy resources
ties and clear guidelines on suspension of
NYPE 93
has resulted in a boom in the construction of
performance warranties.
The NYPE form is the industry’s most widely used
offshore wind turbine farms, predominately in
The next meeting of the Working Group will
dry cargo time charter form. The current edition
Western Europe, but also increasingly in other
take place in London in September 2012 and it is
dates from 1993. In the past 20 years there have
parts of the world.
hoped to have a draft ready to be put forward for
One of the most important projects this year is the revision of the NYPE 93 time charter party.
been a number of developments in the law relat-
The installation and maintenance of these
ing to time charters, as well as changes in com-
offshore wind farms is
mercial practice that have prompted the decision
reliant on sea transport
to revise the NYPE 93 form.
and a number of own-
The charter party is being scrutinised by a
ers are offering special-
team of chartering experts from BIMCO and the
ised fleets of vessels to
Association of Shipbrokers and Agents (ASBA),
assist wind farm own-
which are the copyright holders. The intention is
ers
that the revision should take a “light touch” so as
transfer their personnel
not to upset the appeal that the NYPE form cur-
from shore to the wind
rently enjoys in the industry.
farm sites.
and
There is currently no
NYPE with additional or new versions of stand-
standard form of con-
ard clauses to help reduce the number of rider
tract available to use for
clauses that are commonly added by practition-
this purpose. WINDTIME
ers. Furthermore, where there is a perception of
aims to fill that gap. Drafting
work
adoption in November 2012.
on
team will look at ways of addressing the prob-
WINDTIME is expected
lem by clarifying the wording or expanding the
to be completed towards
provisions. The end product will retain the
the end of 2012.
26
fair apportionment of costs and responsibili-
operators
The main objective of the revision is to update
or actual imbalance in the charter, the revision
ing, that is, when and where, as well as a
Horns Reef, offshore wind farm (courtesy of Vestas Wind Systems A/S)
theBaltic Autumn 2012 www.thebaltic.com
BIMCO POOLCON: pooling agreement
the use of armed/unarmed guards under a time
better dealt with in a separate free-standing
The Standard Pooling Agreement – POOLCON
charter party whereby the charterers request,
Virtual Arrival Clause. A first draft of the clause
– has been developed to provide shipowners
arrange and pay for the security guards – but
was reviewed by the Documentary Committee
and operators with a voluntary and negotiable
where the registered owners remain the party
in April this year. The aim is to produce a final
standard agreement to assist in establishing
signing the employment contract with the private
draft for consideration by the Committee when it
tramp shipping pools. POOLCON was adopted
maritime security company.
meets in November.
OFAC clause Foreign Assets Control) clauses in maritime con-
Radioactivity risk clauses: voyage charters and ship management
tracts – particularly those involving a US entity
The Radioactivity Risk Clause for Time Charter
– is increasing and such clauses often place
Parties – first published in April 2011 following
a considerable burden of compliance on
the leaking of radioactivity from the Fukushima
non-US owners.
Nuclear Plant in Japan – has been updated to
by the Documentary Committee in April 2012 and is currently being prepared for publication later this year. A second, agency-based pooling agreement is also planned.
SERVICECON: standard service agreement
The use of so-called OFAC (US Office of
BIMCO is working on a Standard Service
The intention with this project is to draft a
Agreement for the liner sector – a type of volume
standard wording that appropriately addresses
contract for containers. The agreement is being
the application of OFAC in other countries to
At the same time, BIMCO has received
developed by representatives from a number
owners and charterers – mainly to raise aware-
requests to develop similar clauses for the
of major liner operators working together with
ness of OFAC between the parties. BIMCO is
use in voyage charter parties and ship
shipper
working closely with the international Group of
management agreements.
representatives
from
the
Global
take into account useful feedback received from users on how the Clause might be improved.
P&I Clubs on this project.
Shippers’ Forum. The target market for SERVICECON is the small- to medium-sized shippers, who sign the majority of such volume contracts. The project is due to be completed in 2013.
MLC 2006: recommended clauses
Arbitration: BIMCO dispute resolution clause BIMCO’s Standard Dispute Resolution Clause is
Although the ILO Maritime Labour Convention
being revised to incorporate a new Asian arbi-
(MLC) 2006 is not yet in force, the BIMCO
tration venue – Singapore – as a fourth choice
CONWARTIME 2004 and VOYWAR 2004 revision
Secretariat has received a number of enquiries
under the clause (the others being New York,
from concerned shipowners about the potential
London and a free choice).
BIMCO has initiated a revision of the War
consequences of the new legislation on com-
Risks
mercial contracts – particularly in the offshore
Clause
for
Time
Charters,
2004
(code name: CONWARTIME 2004) and the
and ship management sectors.
What’s new?
War Risks Clause for Voyage Chartering, 2004
Of particular concern is the relatively broad
A number of new clauses have been published
(code name: VOYWAR 2004) to reflect com-
definition of “seafarer” under Article II of the
recently, including updated versions of the EU
ments received from members concerning the
Convention, which may lead to owners being
Advance Cargo Declaration Clauses for Voyage
interpretation of these clauses and to take into
held responsible for the health and welfare of
and Time Charter Parties; a Slow Steaming
account a recent decision at the English High
personnel who are not directly employed by
Clause for Voyage Charter Parties to com-
Court of Justice.
the owners.
plement the Slow Steaming Clause for Time
A specialist working group is currently being
To address this concern, BIMCO has formed
Charters that was published in December 2011;
formed and it is expected that work on the
a working group to further explore the poten-
and a clause to protect shipowners and ensure
revision will begin shortly, with a first draft ready
tial consequences on commercial agreements
the safety of the crew, vessel and cargo during
for review by the Documentary Committee in
and, if necessary, to develop some recom-
the transportation of solid bulk cargoes that
November 2012.
mended clauses to address this issue for incor-
can liquefy.
Piracy clauses
poration onto existing standard contracts such
A list of BIMCO-approved clauses can be
as SHIPMAN 2009, CREWMAN 2009 and
found on our website in the ‘Chartering’ section.
SUPPLYTIME 2005.
They are available to download free of charge
The Piracy Clauses are kept under continual
and are also available to users of BIMCO’s IDEA,
review to ensure that they continue to reflect
via the Clause Manager.
industry needs and practices. The next review
Virtual arrival clause
will take place after the summer.
Following the successful launch of the Slow Parties, work continues on the development of a
A peek into the future work programme
GUARDCON: time charter party clause
Virtual Arrival Clause. It was originally the inten-
Further to the projects mentioned above,
tion to address the concept of ‘Virtual Arrival’
BIMCO’s Documentary Committee is currently
Following the very successful publication of the
in the voyage charter party version of the Slow
considering engaging in the development of a
GUARDCON standard contract for the employ-
Steaming Clauses.
decommissioning contract for offshore installa-
Steaming Clauses for Time and Voyage Charter
ment of security guards on vessels, BIMCO will
However, the drafting group concluded that
tions and a newbuilding contract for containers
shortly start work on a GUARDCON Clause for
this would result in an overly complex slow
– and, when time permits, a time charter party
time charter parties. This clause will regulate
steaming clause and that virtual arrival was
for roll-on/roll-off vessels.
theBaltic Autumn 2012 www.thebaltic.com
27
Dry Bulk
Dry spell Negative, bearish and more of the same seems to have been the mood in recent weeks for the dry cargo market
W
hile Fearnley’s detected a cer-
on earliest redelivery dates, we have secured
significant capital expenditures to finance our
tain optimism for the “Brazil/
time charter revenues of approximately $58
newbuilding programme, which is something that
China iron ore trade on specula-
million, out of which $24 million has been
we
tions that Chinese mills will take
secured in 2012.”
challenging environment.”
are
proactively
managing
in
this
advantage of falling iron ore prices”, in the
Low freight rates, lack of liquidity and the
capesize segment, fundamentals, it followed up
effect that the demands of Basel III were making
Navios
remain unchanged. As Jinhui Shipping and Transportation commented
when
announcing
on traditional lenders were other challenges.
Navios chief executive Angeliki Frangou said
revenues
the company was “pleased to report our
that were down by more than 25% in the
results for the second quarter of 2012. We
Belships
second quarter, “the dry bulk shipping market
had solid performance in a market environment
In announcing its second quarter results, Oslo
remains extremely challenging in 2012 against
that continues to be challenging. Our dual
Stock Exhange-listed Belships commented:
this economic backdrop where we face
focus during this difficult time has been on
“Record large stockpiles of coal in China in
overwhelming oversupply in tonnage, excess
what we can control – the efficiency of our
combination with a large excess supply of ships
shipbuilding capacity and generally lower
fleet and strength of our balance sheet. As a
can send bulk rates further down.
demand growth in dry seaborne trade”.
result, vessel utilisation is close to 100% and
“Growth in electricity consumption in China
our operating cost is about 33% below the
is the lowest in three years. 75% of the
industry average.
electricity in China is generated from coal-fired
Jinhui predicted more company defaults, and higher counterparty risks, against a backdrop of bank finance shortages. However
“We also reduced our break-even cost by
power plants, but we are seeing a transition to
it suggested that for those who were prepared
10% in the six months since 2011. In terms
other energy sources, including hydropower,”
to be patient, were well prepared and
of our balance sheet, net debt to capitalization
he continued.
had made liquity a priority in the past few
is 50%, an 80 basis point reduction in the six
years, there could be some interesting
months since 2011.
opportunities available.
Paragon Shipping
“The reduced demand from China will hurt the panamax rates in particular, since coal
“Consequently, we can continue to return
is the main commodity for this ship size. The
capital to our shareholders through dividend
order book as a percentage of the existing fleet
payments and declared a $.06 dividend for the
is largest for panamax and capesize.”
second quarter of 2012,” she concluded.
The company suggested that India might be
Michael Bodouroglou, chairman and chief
a saving grace as the country has only limited
executive of Paragon Shipping commented
stocks of coal and growing import needs.
on announcing the company’s second quarter
DryShips
“New orders for bulk carriers for delivery
results that: “Since the beginning of 2012,
Funding ships on order has been an issue
in 2014 have picked up, the company said,
the drybulk market has been fluctuating at
for DryShips, which reported a net loss of
and the ships have significantly lower fuel
depressed levels and we expect the downturn to
$18.2 million for the second quarter.
consumption.
Chief executive George Economou said:
“Belships’ vessels are sailing on long-
“We still have contract coverage of 44% on
term charters to a very reputable counterpart,
continue also during 2013, as the overcapacity problem remains. “Nonetheless, Paragon has secured the
the dry bulk fleet for the remainder of 2012.
and short-term market fluctuations will not
majority of its revenue days in 2012 and
However, unless the freight market recovers
affect the company’s earnings and cash flow.
2013, ensuring visible cash flows during this
the shipping segment will remain a drag on
Existing charters represent future revenues of
challenging period. As of June 30, 2012, based
our
$145 million.”
results.
Additionally,
we
also
have
theBaltic Autumn 2012 www.thebaltic.com
29
ta
rih Lüt i k fen ay ed in i
z
13 November 2012, The Ritz-Carlton, İstanbul, Turkey
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Shipmanagement, crewing and education
One stop shop for labour standards The Maritime Labour Convention comes into force in one year’s time. Plus: Queensland; Wilhelmsen; ISF; salaries; e-learning
T
he news that the Maritime Labour
for real change. It has the potential to make
An important feature of the convention’s
Convention will enter into force in one
a real difference to all seafarers, regardless of
enforcement will be the issue of “Maritime
year’s time has been welcomed by the
nationality or the flag of the ship on which they
Labour
industry and unions alike, but plenty of
serve. Its entry into force will be the culmina-
tions following an inspection. There is also
Certificates”
by
flag
administra-
tion of over 10 years of collective effort by the
a requirement for ships to complete and
Workers’
ILO social partners. At last, we will have a ‘one
maintain on board a “Declaration of Maritime
Federation and the International Shipping
stop shop’ for labour standards that we are
Labour Compliance”.
Federation (ISF) are united in welcoming the
confident will be genuinely implemented and
The MLC addresses a wide range of mat-
news that the ILO Maritime Labour Convention
enforced on a global basis. It means that all
ters, including the obligations of shipping com-
(MLC 2006) will enter into force in August 2013,
seafarers should soon be able to enjoy compre-
panies with respect to seafarers’ contractual
following the announcement that it has been
hensive protection of their fundamental rights. It
arrangements, the responsibilities of manning
ratified by 30 ILO Member States, the latest
also means good employment practice across
agencies, working hours, health and safety,
being Russia and the Philippines. The tonnage
the industry so that responsible employers, as
crew accommodation, catering standards, and
requirement of at least 33% gross tonnage has
represented by ISF, are not disadvantaged by
seafarers’ welfare.
also been well exceeded and currently stands
the irresponsible minority.”
training will be needed. The
International
Transport
at just below 60%.
Under the tripartite ILO process, ITF and
ISF Labour Affairs Committee Chairman,
ISF were responsible for negotiating the text
However, the ILO social partners warn that
Arthur Bowring, commented: “Governments
of the new convention with governments, on
shipowners will need to ensure they are ready
are to be congratulated for ratifying the MLC so
behalf of maritime employers and seafarers’
before the new regime of global labour stand-
quickly. This is a convention with a very wide
trade unions, prior to its adoption in 2006. ITF
ards comes into force. Significantly, the MLC
scope, incorporating labour and social security
and ISF, therefore, are keen to see the smooth
will be subject to port state control, including
requirements and therefore requires detailed
implementation of the MLC, 2006 when it
the potential for more detailed inspections
study and potential amendment of local leg-
enters into force in 2013.
if ships are thought not to comply, and the
islation to bring it into effect. We expect many
Bowring added: “The vast majority of com-
possibility of detention in serious cases of non-
more countries will ratify the convention over
panies should have no difficulty complying with
compliance or where hazardous conditions exist.
the coming year, so that entry into force will
the substance of the Convention, since in large
ITF and ISF emphasise that the MLC 2006
be backed up by truly worldwide enforcement.
part this is derived from existing ILO maritime
has been dubbed the “fourth pillar” of shipping
“This convention is the result of tripartite
standards and accepted good employment
regulation, alongside the IMO SOLAS, MARPOL
negotiation over a lengthy period, which means
practice. However, the enforcement mecha-
and STCW Conventions, and as such is likely
that the labour standards that we have all
nism is new, and it will be important to avoid
to be strictly enforced by flag states and port
agreed can be supported by governments,
teething problems when some of the more
state control.
shipowners and seafarers giving us a uni-
detailed requirements are applied and inter-
form global framework of sound employment
preted. It will therefore be most important for all
standards that is required by both shipowners
ship operators to ensure that they are ready.”
Dave Heindel, chairman of the ITF Seafarers’ Section,
commented:
“The
MLC
–
the
seafarers’ bill of rights – is a genuine agent
and seafarers,” Bowring continued.
theBaltic Autumn 2012 www.thebaltic.com
Officers union Nautilus, the RMT and the ITF
31
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sent a joint letter to UK government ministers
President of InterManager, the international
“But this will only come to fruition if our
just ahead of the Philippines signing up to the
trade association for the ship and crew man-
resource employers can effectively manage
convention urging the UK government to follow
agement industry whose members represent
a range of workforce and labour issues and
suit quickly.
almost 250,000 seafarers. “Valuing our seafar-
minimise the adverse impacts of the severely
ers is a first step in attracting new recruits to
deteriorating workplace relations environment.”
According to Nautilus, the UK government’s delay in signing up is due to concerns over red
our industry,” he said.
One issue that has been under discussion
tape and the industry is arguing that the cost of
is fly-in, fly-out workforce practices as indus-
driving through the measures will be eclipsed
tries continues to rely on FIFO workers to ease
by the impact that may result from a failure to
Queensland skill shortages
ratify the convention quickly.
the pressure of skills shortages.
Deciding how to deal with skill shortages in the
“Employers are already experiencing the
According to the letter sent to ministers:
LNG sector has been exercising the minds of
effects of a tightening labour market with
“UK ships will be subject to detailed port state
companies in Queensland that have a number
increased competition driving up wages and
control inspection in other countries under
of major LNG projects in the pipeline.
staff turnover,” Knight said recently.
the convention, without the flexibility that UK
According to Australian Mines and Metals
“As the industry prepares to create an
ratification will bring and the UK will miss
Association
director
additional 40,000 jobs by 2015, the pressure
an opportunity to be seen as a leading advo-
industry Minna Knight: “Central Queensland
on employers to meet demands for skilled
cate of decent living and working conditions for
is the heart of the state’s $160bn resource
labour will only intensify. AMMA’s advice to
all seafarers.”
industry, with record investment in major coal
the FIFO Inquiry is to support its use in the
and gas projects poised to generate significant
industry and coordinate regional development
economic benefits for decades to come.
to encourage greater localised workforces.”
The new convention has also been hailed a key component to attracting new entrants to the shipping industry.
(AMMA)
executive
“The region’s big three LNG projects under
“Establishing minimum standards for the
construction have a combined capital expend-
working conditions of the world’s seafarers is
iture of almost $50bn and, once in production,
Wilhelmsen solution
essential in ensuring best practice across our
will lead the state’s economy for decades.
Wilhelmsen Technical Solutions (WTS) is help-
industry, especially at a time when recruitment
Meanwhile, a strong pipeline of projects in the
ing leading cruise lines Holland America Line
is at a low level and the industry is struggling
Galilee Basin will soon make it the biggest coal
(HAL) and Seabourn Cruise Line to meet
to attract young people,” said Alastair Evitt,
producing region in Australia.
regulatory and safety requirements through
32
theBaltic Autumn 2012 www.thebaltic.com
Shipmanagement, crewing and education in-house training courses tailored to the
for Engine Cadets will be published later on
continues to shrink. This is both the legacy of
requirements of the companies’ respective
this year.
a lack of training in the 1980s during the pre-
The new ISF Book for Deck Cadets con-
passenger vessels.
vious downturn and the often perceived low status of jobs in the shipping industry.”
WTS has teamed up with sister company
tains structured on board training tasks formu-
Wilhelmsen Ships Service (WSS) to deliver
lated around the revised standards stipulated
the US Environmental Protection Agency
by STCW 2010, including new competences
(EPA) syllabus on Heating, Ventilation, Air
such as use of Electronic Chart Display and
Conditioning and Refrigeration (HVAC-R) and a
Information Systems (ECDIS), application
Videotel AND BIMCO joint e-learning
basic marine refrigeration training programme,
of
skills
Videotel Marine International and BIMCO have
as well as providing training in onboard
and proactive measures to protect the
extended their joint e-learning initiative, offer-
welding inspection techniques.
marine environment.
ing the BIMCO eLearning Diploma Programme
leadership
and
team
working
Bjarne Snopestad, technical sales manager,
ISF is in discussion with the Philippines
HVAC-Refrigeration at WTS, says: “Training
and other important seafarer supply countries
capacity for specialist applications available in
to ensure that use of the ISF books are
This new facility allows ship officers on
the market today is limited. As a result, cruise
approved as a part of their national STCW
board to study the same BeDP modules as
lines can struggle to source personnel with
certification process.
their shore-based colleagues, whatever their
(BeDP) throughout the entire Videotel on Demand (VOD) fleet.
sufficient experience to operate and maintain
“Many shipping companies are training
vital equipment. This means they must pro-
cadets across their fleets from more than
According to Nigel Cleave, CEO of Videotel:
vide training in-house in partnership with an
one country and it is important that they are
”The programme enables students to build on
expert supplier.”
able to use a standard international book,”
their knowledge, acquire professional com-
says Hinchliffe.
petencies and contribute to their continuous
The EPA training course covers basic theory, including insight into main HVAC-R
on-board duties and sailing schedules.
professional development.
components and their functionality, system
“Now, with VOD on over 10,000 vessels
types, common operational problems and
Pay rises
worldwide, we can extend this opportunity to
troubleshooting guidelines. The students
The latest Faststream Maritime Employment
maritime students wanting to study in a flexible
are also given a study guide to help them to
Review shows that despite shipping indus-
and user friendly way whilst serving on board
prepare for the closed-book test required by
try woes, salaries across the sector con-
a vessel.”
the EPA.
tinue to rise. Based on the responses of 4000
The BIMCO eLearning Diploma Programme,
The welding training is designed to enable
shipping professionals working in all the
delivered as a stand-alone course on board, is
first and second engineers to evaluate welding
main shipping centres as well as seafaring
a highly-focused, e-learning package enabling
work done during newbuilding, dry dock-
officers worldwide, the survey by special-
maritime students the world over to access
ings and in service by flying squads and
ist maritime recruiter Faststream shows that
training encapsulating the more commercial
crew members.
half of the respondents reported a 5%+
aspects of the shipping industry.
Deck officer training The ISF has updated its On Board Training Record Book for Deck Cadets to meet latest requirements governing seafarers’ training. According to ISF Secretary General Peter Hinchliffe: “The competence of deck offic-
salary rise over the past 12 months. However,
Torben Skaanild, BIMCO Secretary General,
30% of seafarers reported a decrease in
says: “The creation of a unified training
their salary.
system for both seagoing and shore based
Other key findings of the survey include: • Average salaries for master mariners
personal is immensely important in creating a common understanding of the commer-
working on passenger vessels remain the
cial and practical issues facing the maritime
highest at $153K
industry and for preparing and planning
• Benefit packages offered by ship
the training of ships officers, eventually
ers is critical to safety and environmental
management companies have caught up
continuing
protection. The updated ISF book enables
with those on offer from shipowners
based functions.”
cadets and their companies to monitor and evaluate their on board training in a structured manner in accordance with the new STCW Convention requirements.” New regulations set out in the 2010 amendments to the IMO STCW Convention
• Asia based ship operators and
their
careers
in
shore-
In addition to ship’s officers wanting to
shipbrokers are 20% better paid
broaden their knowledge, the diploma course
than their European counterparts
is aimed at students and young people enter-
• 9% of shore-based shipping professionals reported a salary drop in 2012 • Officers who move from sea to shore
ing a trainee or internship programme; staff from shipping companies, agents, brokers, banks and other financial institutions; legal
controlling seafarers’ training standards came
after six to 10 years at sea can expect a
firms; and insurance companies or govern-
into force in January 2012. Use of a training
significant rise in income over their career
ment organisations wishing to learn more about the shipping industry.
record book providing evidence of structured on-board training is mandatory for trainees
Commenting on the results, Faststream Group
The BeDP also benefits shipping practition-
seeking to qualify as ships’ officers, and the
CEO Mark Charman said:“Even though the
ers wishing to refresh and revise their shipping
ISF books are referred to as a model in the
shipping industry is being buffeted by poor
knowledge.
footnotes to STCW 2010. The STCW 2010
vessel earnings, rising costs and ever more
standards must be applied to new trainees
stringent regulations, salaries continue to rise.
from July 2013. A revised On Board Training Record Book
“The sector suffers from a skill shortage and the pool of highly qualified people
theBaltic Autumn 2012 www.thebaltic.com
The programme is backed-up by online forums
and
workshops,
also
providing
plenty of networking opportunities for young shipping professionals.
33
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International Registries, Inc.
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www.register-iri.com
Registries
Under pressure Ship registries are being called upon to comply with international sanctions. Plus: Maritime Labour Convention; St Kitts
I
with
Companies established in Malta or Maltese
the Maritime Labour Convention have been
flagged should abide by the sanctions and
Among the main port state control regimes
much on the mind of ship registries in
co-operate in their enforcement, Transport
where its vessels operate, detentions under the
recent times
Malta said. Failure to do so would result in
Black Sea MOU fell to zero compared with six
de-registration.
in the first half last year.
ranian
sanctions
and
compliance
Last month, the Tuvalu Ship Registry
enhanced supervisory measures 2010.
received official notice from the Government
In the Paris MOU region, the average number
of Tuvalu to proceed with the de-registration
of deficiencies per inspection dropped from
of independent Iranian tanker owner NITC’s
Maritime Labour Convention
six down to four and there was a 20%
tankers and any possible Iranian-linked vessels
The entry into force of the Maritime Labour
improvement in the number of ships with
that are flagged under Tuvalu.
Convention next year has been welcomed on
no deficiencies.
The US has been piling on the pressure to try and force ship registries to de-register Iranian
vessels,
with
US
all sides, but many are urging the importance
Registrar Nigel Smith says: “The trend shows we are on track for our aim of PSC
of training ahead of the deadline.
Grey and White List ranking within two and four
representative
The Isle of Man Ship Registry says it is
Howard Berman on the House Foreign Affairs
ready for ship inspections and will start to
Committee, releasing a statement after Tuvalu
carry
the
“At the 20th session of the IMO Flag State
announced the deregistration of NITC ships
convention is ratified. It is urging shipping
Implementation sub-committee in March, it was
it flagged.
companies to co-ordinate their inspections
very encouraging to hear Paris MOU delegates
so as to save time and costs on MLC
make positive statements about the actions we
compliance investigations.
have taken in the past two years.”
“This reversal by Tuvalu effectively stops these Iranian tankers from operating, denying
out
inspections
as
soon
as
years at most.
Operational
since
2005,
SKANReg
the Iranian regime oil revenues it desperately is
The Liberian Register says Liberia is
seeking to fund its nuclear weapons programme
continuing to prepare for the introduction of the
has implemented strengthened procedures
and support of terrorism.
convention, by training its personnel thoroughly
including risk profiling, daily analysis of
and well ahead of implementation.
PSC
“Iran is learning the hard way that we
website
reports,
follow-up
surveys
will not relent in applying crippling sanctions
The register recently carried out a training
in the case of detentions and a “three
on the regime and others are learning
course in Southampton, after which 35 new
strikes and out” warning system for any
that evading international sanctions is a
MLC inspectors were certified, bringing to 135
repeat offenders.
losing strategy.”
the number of qualified MLC inspectors ready to
The registry’s commitment to inspection
conduct compliance and enforcement duties on
results is backed up by close liaison with the
behalf of Registry.
major PSC MOU regions.
Cyprus, Malta and Tanzania have also been targeted for US attention on the issue
St Kitts & Nevis has become the latest of
of sanctions.
five flag state signatories to the Washington
Malta’s merchant shipping directorate has issued a further warning to Maltese flagged
St Kitts & Nevis results
declaration condemning acts of violence against
ships that they must comply with the EU
St Kitts & Nevis says the first half results from
seafarers – joining Bahamas, Liberia, Marshall
regulations already in place on sanctions
port state control inspections of its ships have
Islands and Panama.
against Iran.
confirmed the registry’s progress since launching
theBaltic Autumn 2012 www.thebaltic.com
35
Corporate viewpoint Singapore Exchange
Advance Your Trading Strategies You have the Option “Risk management” is possibly one of the most
usually use call options to set a price ceiling of the
Example
discussed topics in today’s market as its presence
underlying commodity. For example, a steel mill
The Calendar 2014 time charter rate for Capesize
is significant and its impact enduring.
that expects iron ore prices to rise in future can
vessels is currently quoting at US$14,500 per
purchase a call option to set the maximum price
day in the FFA market. A shipowner felt that
that it is willing to pay for them.
the time charter rate at US$13,000 per day is
In the new regulatory landscape after the 2008 crisis, government and regulators across the globe are stressing the benefits of central clearing
favourable and wishes to secure this income
to the stability of financial markets. The global
Example
stream for 2014. The shipowner decides to lock
migration towards quality and trust has also
The current price of iron ore for delivery into China
in the rate by buying the SGX Capesize Time
seen global investment managers and investors
is trading at US$130 per mt. A steel mill is willing
Charter Put Options:
using Singapore Exchange (SGX) as their trusted
to pay up to US$150 per mt for 100,000 mt of
Quantity: 30 days (i.e. 30 lots) per month
Asian risk-management partner for financial and
the raw material to be delivered in December
Strike:
commodity products.
2012 for its steel production. It is worried that the
Contract: Cal 2014 (i.e. Jan 2014 – Dec 2014) Premium: US$3,000 per day
US$16,000
Launched in 2006, SGX AsiaClear is Asia’s first
price might rise to US$180 per mt and decides to
and only platform for clearing OTC commodity
hedge the cost by using the SGX Iron Ore CFR
products. Among SGX AsiaClear’s feats is its
China 62% FE Call Options:
flagship iron ore swaps, with a new record volume
Quantity: 100,000 mt (i.e. 200 lots)
there would be 12 settlements (exchange of
in July 2012 of over 10.5 million tonnes cleared,
Strike:
payments). For each settlement – similar to the
more than double the year before. To-date, SGX
Contract: December 2012
example on call options – the put options would
accounts for more than 90% of the global cleared
Premium: US$1 per mt (based on the prices
be exercised if they are In-the-Money (average
iron ore volume.
quoted in the market under certain price volatility)
spot price for the settlement month falls below
As the Calendar 2014 options expire monthly,
US$149
This trend of increasing volumes is mirrored on
the strike price of US$16,000) and left to expire
SGX’s Forward Freight Agreement (FFA) market
The above Call options position gives the steel
worthless if they are Out-of-the-Money. Taking
and it is set to grow with iron ore and FFA options
mill a right, but not the obligation to buy iron ore at
into account the option premium paid up front,
poised for launch in late 2012.
US$149 per mt in Dec 2012. To enjoy this right,
the shipowner has effectively secured a minimum
the steel mill pays a premium of US$1 per mt.
income of US$13,000 per day (US$16,000 –
As the Asian gateway for derivatives and commodities, SGX continues to enhance its
In December 2012, the following could happen:
platform to meet increasing market demands and
Scenario A: Average iron ore spot price for
Options are also flexible instruments for
the needs of its local and global customers.
December 2012 is US$175 per mt. The steel
participants to customise their hedging strategies
mill exercises its “In-the-Money” Call options
to manage their cost or revenue. Participants can
Swaps versus options
and makes a gain of US$25 per mt (US$175 –
also use a combination of calls and puts to lower
Swaps give users an obligation to buy or sell the
US$149 – US$1). This gain can be used to offset
their premium cost and yet achieving their overall
underlying asset, translating into an unlimited
the higher price of US$175 per mt that it pays for
objective of setting a floor or ceiling.
upside as well as downside potential. An option,
the physical purchase.
on the other hand, gives the holder a right, not
Scenario B: Average iron ore spot price for
To find out more about options trading and
an obligation to buy or sell the underlying asset.
December 2012 was US$120 per mt. The steel
hedging, please contact SGX on:
This means that the buyer of an option has an
mill’s Call option is “Out-of-the-Money” and it
Tel: (65) 6236 8388
unlimited upside potential, with limited downside
does not have to exercise its option to buy the
Email: kennethng@sgx.com
potential – the buyer can simply walk away
iron ore at US$149 per mt. It lets the options
Website: www.sgx.com/asiaclear/freight
without exercising his or her option to buy or to
expire worthless. The eventual cost per mt would
This advertisement is not intended for distribution
sell, and only forfeit the option premium that has
be US$120 on the physical purchase, plus the
to, or for use by or to be acted on by any person
been paid up front. This essentially reduces the
US$1 premium paid.
or entity located in any jurisdiction where such
may also earn income by writing (selling) options
Put options
applicable laws or regulations or would subject
to collect the options premium. The writing of
A Put option gives the holder/buyer the right
options is usually done in conjunction with holding
to establish a Sell/Short position in the
positions in the underlying swaps to minimise
underlying
directional price risk.
use put options to set a price floor of the
relation to, any investment product. Advice should
underlying commodity.
be sought from a financial adviser regarding the
distribution, use or action would be contrary to
capital outlay for hedging. Experienced traders
Call options
commodity.
US$3,000) for 2014.
Participants
usually
For example, a shipowner who fears that the
SGX to any registration or licensing requirement. This advertisement has been published for general circulation only. It is not an offer or solicitation to buy or sell, nor financial advice or recommendation in
suitability of any investment product before investing
A Call option gives the holder/buyer the right,
time charter rate for Capesize vessels will drop in
or adopting any investment strategies. Further
but not the obligation to establish a buy/long
future can buy a put option to secure a minimum
information on this investment product may be
position in the underlying commodity. Participants
freight rate.
obtained from www.sgx.com
36
theBaltic Autumn 2012 www.thebaltic.com
FFA
Staying afloat in rough waters How confident are you that you know the true value of your business on any given day? Are you 100% certain that you have the means to accurately calculate your fleet’s mark-to-market value? Javier Navarro contends that if you hesitate to answer these questions, your company’s future may be at risk
I
n the turbulent seas of the shipping industry,
standard vessel sizes and a limited number of
the highly personal and often skewed views of
understanding the true market value of your
standard routes. In reality, very few vessels are
the market that many companies use to perform
fleet is the difference between sinking and
a standard size or perform standard voyages.
their MTM valuations. It should go without
swimming. Volatility related to the number of
In order to determine accurate freight rates,
saying that this subjective input can result in very
available cargos and vessels, operating expens-
operators and charterers have to use complex
inaccurate numbers that obliterate all hope for a
es such as bunker fuel costs and other variables
formulas to adjust the indices to account for the
valid valuation.
mean that a fleet’s value has the potential to
proper vessel sizes and routes.
swing wildly from one day to the next.
This is frequently done using antiquated
Performing frequent mark-to-market (MTM)
spreadsheets, a method prone to errors that
When to return a vessel
valuations is an integral part of doing business,
lead to inaccuracies affecting the MTM valuation
The first three challenges lead to the creation of
and is critical to ensuring the financial health
of the entire portfolio. Overvalue the fleet and
an erroneous MTM valuation, but the fourth is
of a commercial shipping operation. However,
there will be a very rude awakening when an
what happens once those inaccurate valuations
due to the highly unpredictable nature of the
unexpected event requires funds that were
filter through to the decision-making process.
industry, the complexity of calculating freight
assumed to exist, but are nowhere to be found.
Time charter contracts specify the minimum
rates, and flaws inherent in popular valuation
and maximum time a charterer will use a vessel.
methods and tools, companies often end up
The accurate market value of a vessel must be
with inaccurate numbers. This provides a false
Valuing multiple voyages
known in order to determine whether it should
picture of financial standing that can result in lost
The second challenge is gaining a clear picture
be kept only for the minimum contracted time or
profits, faulty decision-making and, ultimately,
of another important factor in MTM valuations
longer. If the data driving that valuation is faulty,
the demise of an entire business.
– the value of multiple voyages. A vessel’s
then the resulting decision is also likely to be
Fully understanding the challenges associated
activity is often uncertain, particularly when
flawed, and a charterer may end up hanging on
with calculating accurate MTM valuations and
there are multiple voyages involved. In these
to a vessel that is losing money.
how to address them is critical to staying afloat
circumstances, a valuation can only be based
What makes this worse is that many
in the cutthroat shipping industry.
on a best guess about what the subsequent
companies limit themselves to using simplistic
voyages will be. This uncertainty – combined
in-the-money/out-of-the-money calculations to
with dependence on error-prone spreadsheets
drive valuations instead of other, more complex
Adjusting freight rates
– only adds to the difficulty of producing an
methods that are more accurate, purely because
The first of these challenges is adjusting freight
accurate MTM valuation.
the more complex methods are difficult to
rates. The value of commodities in most markets
manage in a spreadsheet. Companies using the
is transparent and easily determined at any point
in- and out-of-the-money calculation stand to
in time by looking at an index such as NYMEX.
Maintaining objectivity
lose a significant amount of capital, especially
But the rates that play a large part in determining
If depending on antiquated spreadsheets for
when the market is close to the level of the
a fleet’s MTM valuation are not so clear.
performing critical calculations is bad enough,
contracted hire rate because the formula is not
The indices for freight rates, provided on the
depending on subjective information is even
sophisticated enough to effectively account for
Baltic Exchange, only take into account certain
worse. And so the third challenge is overcoming
the frequent swings of the market.
theBaltic Autumn 2012 www.thebaltic.com
37
FFA
Advance Your Trading Strategies with Options SGX, the world’s leading iron ore swaps clearing house, now offers you clearing for iron ore and freight options. As a one-stop clearing solution for OTC commodity products, SGX is your gateway to enhanced capital management. Clear swaps and options with us to benefit from lower capital cost through cross-product margin efficiencies. Start clearing these OTC options on SGX today: TSI Iron Ore CFR China 62% FE Supramax Time Charter Average Capesize Time Charter Average Handysize Time Charter Average Panamax Time Charter Average For more information, contact us at (65) 6236 8388 / asiaclear@sgx.com
SGX. The global leader in iron ore swap clearing. FFA | Iron Ore | Coal | Bunker | Rubber
www.sgx.com/asiaclear This advertisement is not intended for distribution to, or for use by or to be acted on by any person or entity located in any jurisdiction where such distribution, use or action would be contrary to applicable laws or regulations or would subject SGX to any registration or licensing requirement. This advertisement has been published for general circulation only. It is not an offer or solicitation to buy or sell, nor financial advice or recommendation in relation to, any investment product. Advice should be sought from a financial adviser regarding the suitability of any investment product before investing or adopting any investment strategies. Further information on this investment product may be obtained from www.sgx.com.
Specialised solutions
calculations) that can be used to objectively
and scalable. It should be able to grow and
The good news is that the above challenges can
drive important decisions including how long
change along with your business.
be conquered with specialised solutions that
you should keep a vessel. You should also
comprehensively manage freight risk, chartering,
be able to easily value multiple voyages.
and vessel operations on a single, integrated
• Chartering management capabilities:
platform. They provide complete transparency
The solution ought to provide the ability
Accurate MTM valuations are critical to
across all aspects of the business, presenting
to manage all pre-fixture activities of a
protecting profits and remaining competitive
an accurate view of a company’s exposure and
commercial operation including voyage
in the maritime industry. Too many companies
financial standing in real-time.
estimating, cargo management, and vessel
are unwittingly jeopardising their bottom lines
Here’s what to look for when choosing one for
management. For charterers, it’s important
and incurring significant enterprise risk by using
your organisation:
to be able to analyse potential profit or loss
inaccurate information to determine their fleets’
• Robust freight risk management: It is key
before making an agreement to transport
value and make important business decisions.
that the chosen solution provides a real-time
cargo. You should also be able to easily view
These companies risk lost profits that
view of your position including time charter
all upcoming cargo commitments or open
could ultimately cause their entire business
contracts,
Protecting the bottom line
agreements,
tonnage positions, as well as view all vessels
to go into an irreversible decline. In order to
contracts of affreightment, cargo bookings,
and when they are coming open within a
maintain profit margins and remain competitive,
and financial options. The system should
given date range or specific zone.
commercial owners, charterers, and operators
freight
forward
vessel
must embrace technology solutions that ensure
with just a few mouse clicks and allow you
management: Operators should ensure
accurate MTM valuations and provide complete
to save “non-standard” routes in the system
the solution they select enables them
transparency across the enterprise.
that can be used to drive your calculations.
to keep track of day-to-day operations:
Companies that invest in scalable technology
It should also manage bunker exposure from
arrival, departure, loading, discharging,
solutions with the flexibility to address current
physical contracts and bunker swaps.
enable you to compute accurate freight rates
• Comprehensive
voyage
and
bunkering and disbursement accounting.
and future requirements can expect to reap
• Multiple valuation methods: It’s imperative
The solution should also maintain a technical
immeasurable returns by maximising profits,
that the system selected is able to perform
and commercial description of vessels for
minimising risks and, ultimately, achieving a
an accurate MTM valuation within seconds.
improved control and efficiency.
bigger bottom line.
38
It should also allow you to apply multiple
• Flexibility In addition, because constant
valuation methods in- and out-of the money
change is the norm in the shipping industry,
Javier Navarro is Freight Risk Solutions Manager
calculations; physical option intrinsic value
make sure you select a solution that is flexible
at Triple Point Technology
theBaltic Autumn 2012 www.thebaltic.com
Green shipping
Examining efficiency Are we overzealous in seeking to improve our industry and imitate others? Is the Ship Energy Efficiency Management Plan a new way to throw money away? Dimitris Lyras considers the questions
T
o reduce fuel consumption is, of course
wastage of money, especially when it comes to
people from the most global of sales forces need
of great value, and any product or
collecting data and analysing it.
to build relationships. They just build them faster,
service that can reduce fuel consump-
In a similar way, we have needed to be
based on mutual need between client and sales
tion is also. Furthermore, the effect of
careful about how people outside our industry
person. But once a relationship is built, it has
have advised us about risk management.
tremendous value for reselling to the same client.
consumption on the environment is one of the most fortunate alignments of commercial, social
So if PWC or Accenture or Tata or any one
and environmental responsibility with which we
of the world-famous consulting groups has a
Risk management
relationship with your company, the door is half
But the Ship Energy Efficiency Management
This covers every decision that humans make
open for them to sell you anything they can.
Plan (SEEMP) compliance issues are currently
from crossing the road to planning a career
Almost every consultant, from a tiny one man
quite simple and certainly are not by any means
move. But in recent years especially in the
show to a team of consultants from IBM, has
a reason to rush out and buy something.
tanker industry, it has been introduced as a new
been trained in some large company at some
There is, however, some complexity. This is
science. There has been a great deal of bullying
time in their career.
more commercial than anything else. SEEMP, as
of ship operators to adopt risk management
with most issues to do with fuel consumption, is
methods that are derived outside our industry.
have ever been confronted.
As we know, these companies sell to more than one industry. So even the people who leave
a Pandora’s box of complexity from a commercial
Risk management is an intuitive exercise
these large consultant groups and start their
standpoint. The answer to this complexity is the
that we do subconsciously. Decisions are taken
own businesses are accustomed to selling to
same as it has been for many years in shipping:
subconsciously while churning the experience
more than one industry. This is the real reason
we have to be really careful.
and relevant knowledge we can muster at that
why risk management root cause analysis,
Dealing with the oil record book, the oil
crucial time of decision making – not much
corporate social responsibility, health, safety and
transfer log, daily consumption, the ballast
different for most animals by the looks of it.
environmental concerns and even accounting
transfer log, the earnings related speed
Certainly domestic animals learn about danger
are often so incomprehensible and seemingly
adjustments, virtual arrival, the measurement
and about opportunity during their lives, not
ill-adapted to shipping.
error at sea (if there is no flow meter), the power
through classroom work or statistics.
The consultant has a methodology that he or she learned with a lot of hard work and
consumed in the main engine, the tedious
So why are we so fixated with statistics and
reporting, and keeping charterers happy requires
numbers in risk management? Why are we
some co-ordinated practicality.
introducing mind-numbing depictions of risk
But the generic part of reducing fuel
People outside our industry, such as
rather than more impressive depictions. And
consumption or the generic part of risk
manufacturers of sensing instruments, software,
why is SEEMP likely to be as awkwardly adapted
management is only a small part of the
such as data collecting and processing systems,
to shipping as risk management has been?
solution to either problem. Certainly recording
understandably wants to use to its fullest.
and, of course, hardware such as propeller
The answer may not be simple, just like
measurements is generic for fuel consumption
shrouds and scrubbers, can in due course
the answer to why measuring everything to do
and so is a basic understanding of mechanical
provide valuable products and services to
with fuel consumption every second or every
engineering and fluid mechanics. But how far
satisfy the quest to protect the environment and
day may not be much use for reducing fuel
can this take the practical application of SEEMP?
consume less fuel or less expensive fuel.
consumption or complying with SEEMP.
How far can statistics help in reducing risk
However, their understanding of how our
The answer has to do how sales are made.
when the data is sparse and the context of each
industry works commercially will not be obvious
A sales executive is a relationship builder and
experience or data point could be significantly
and there can be a lot of misunderstandings and
always will be. Even the most experienced sales
different? How statistical is this decision?
theBaltic Autumn 2012 www.thebaltic.com
39
Oxford Analytica
Organised crime entwines with state in West Africa Criminal groups are often closely connected with the political elite
T
he dynamics of transnational organ-
Analysis
(based on UNODC-reported seizures). Illicit
ised crime have shifted over the past
Since 2008, organised criminal activity in West
trade in other drugs (including counterfeit
five years, with a decline in coastal
Africa has benefited from a variety of factors.
pharmaceuticals) has increased, notably in
cocaine trafficking, an expansion of oil
They include:
Nigeria. UNODC has reported significant
• Regime change in Guinea, Guinea-Bissau
seizures of methamphetamine destined for
theft and piracy in the Gulf of Guinea and the rise of kidnapping in the Sahara. Transnational organised criminality exists parallel to and, at times, entwined with legal commercial activity in the region. Rather than being confronted by the political and security elite, criminal groups are often closely connected with or covertly sanctioned by them.
East Asia in several coastal states (see West
and Ivory Coast • The rise of insurgent (and especially Islamist) • The collapse of the Gaddafi regime in Libya
• Oil theft and associated piracy in Nigeria are increasing and dwarf any other regional criminal enterprises. • Security forces’ incentive to confront criminal groups will be small as long as they benefit
Most established crime groups are likely to
Liberia and the Ivory Coast, and the adoption
South America
of Kimberley Process certification standards
a
West
by most producer states (see International: Kimberley Process unity remains fragile – November 16, 2011). Surges in gold prices
“Crime groups are likely to deem countries with armed conflict less attractive”
and artisanal production in these countries and Guinea, Mali, Niger and Burkina Faso mean that gold has probably taken over from diamonds (see West Africa: informal mining challenges gold firms – May 21, 2012). • Small arms trade. Evidence of surges in arms trading after conflicts in Guinea-
However, such criminal activity has also had to
Ivory Coast is limited. However, the conflict
contend with:
in Libya released new stocks of arms into
• Reinforced European coastal surveillance
Mali, Niger and probably Nigeria (see Libya/
and interdiction
deem “ungoverned spaces” and countries
• The work of international partners, notably
with armed conflict less attractive as markets,
the UN Office on Drugs and Crime (UNODC),
supply
in bolstering security and justice capacities.
protection
trading.
Bissau, Sierra Leone, Liberia, Nigeria and
What next?
and
gold
imposition of UN sanctions on Sierra Leone,
of
from the groups’ revenues.
routes
and
African
consolidation
• Corruption rather than chaos or intimidation of criminal penetration.
diamond
diaspora presence in South-east Asia and
• The
labour in recessionary Europe.
appears to be the primary determinant factor
• Illegal
Diamond trading has been curtailed by the
and associated conflict
• Declining demand for some illicit goods and
Impact
Africa: drug funds will further distort politics – September 27, 2011).
activity in the western Sahara
networks
Africa: revolution triggers fallout across Sahel –September 22, 2011). • Human trafficking. Human trafficking across the Sahara, for long a major issue, has been impeded by the conflict in Libya;
are disrupted. The most prevalent criminal activities in the
the extended Islamist insurgency in Mali and
the form of job creation – despite recent impres-
region include:
Algeria; the decline in demand for casual
sive GDP growth across the region, means
• Drug trafficking. Cocaine trafficking to
labour around the Mediterranean; and the
than many young people will seek alternative
Europe, the most widely reported criminal
earlier (2005-06) reinforcement of border
livelihoods by engaging with these groups.
activity in the region, peaked in 2007
defences around Spain and the Canary
The lack of qualitative growth – principally in
40
theBaltic Autumn 2012 www.thebaltic.com
Oxford Analytica Islands (see International: economic crisis
have
ransom
powerful armed forces have several times vetoed
fuels human trafficking – June 18, 2010).
demands (see International: ransoms grow
paid
multi-million
dollar
politicians’ attempts to curtail their impunity and
• Oil theft. Nigerian oil theft (also known as
despite improved response – February 11,
economic interests, notably in the April 2012
“bunkering”) is now by far the highest value
2011), fuelling the Saharan arms market and
coup (see Guinea-Bissau: military seeks a proxy
criminal enterprise in the region. Its rise
the militants’ ability to control territory and
civilian front – April 18, 2012). A construction
correlates with the 2009 amnesty granted to
trade routes.
boom in Bissau and the anecdotal support of
militants in the Delta, which allowed relative
some youth for the traffickers suggest that there
stability to return to the oil-producing region
is some trickle-down from the drugs trade within
(see Nigeria: oil theft threatens amnesty
Organised crime and the state
gains – June 20, 2012). The government
Regional organised criminal activity is weakly
has been slow to respond to the challenge,
correlated with the activity of armed or insur-
increasingly diverting security resources to
gent groups. To some extent, the threat posed
Mali and Niger
the north, where attacks on state institutions
by criminal actors is proportionate to the size
Successive revolts by Tuareg in the Sahara have
by militant Islamist group Boko Haram are
of their revenues relative to state resources.
been labelled criminal. For example, the parallel
on the rise (see Nigeria: insurgency feeds on
However, this rests on the assumption that the
insurgencies in Mali and Niger of 2007-09 were
incoherent security aims – May 14, 2012).
interests of organised criminals are antithetical
blamed on “bandits” and traffickers seeking to
• Piracy. There has been a dramatic rise
to state-building, or more pernicious than the
control trans-Saharan frontiers. Nevertheless, it
since 2010 in pirate attacks, principally
interests of other powerful economic actors,
is more difficult to trace a criminal causality for
targeting oil tankers, in the Gulf of Guinea
and that political and security leaders want
the early 2012 take-over of northern Mali by
(see International: Nigerian pirates pose
to combat criminal activity. The assumption is
ostensibly separatist and Islamist groups (see
increased threat – August 15, 2012). UN
false, as is clear in several countries.
Mali: momentum for intervention will steadily
Security Council resolutions specifically
an otherwise moribund economy.
grow – July 12, 2012).
called for international support to counter this
While ransoming hostages has certainly
Guinea-Bissau
funded some factions, isolation of the north is
and
In-fighting between security elites since 2008
likely to have undermined its viability for much
international aid workers are prime targets
appears to have had some impact on the
trafficking. Rather, it is the perceived failure of the
for kidnappers, notably in Algeria, northern
country’s attractiveness to drug traffickers,
state in the northern regions that seems to have
Mali, Mauritania and Niger. Several countries
particularly those with links to Latin America. The
driven many to revolt.
in October 2011 and February 2012. • Kidnapping.
Western
tourists
Nigeria Failure to seriously disrupt a criminal enterprise that requires heavy infrastructure to capture, refine and/or export crude in massive quantities has led many to question the commitment of national and local government and the security forces. $7bn is estimated to be lost annually through diversion by politicians of funds allocated to subsidise domestic fuel sales. At least 6-9% of GDP is being diverted through criminal theft of oil production and subsidies (see Nigeria: scandal dents credibility, but may fuel reform – May 3, 2012).
© Oxford Analytica 2012. All rights reserved. No duplication or transmission of this document is permitted without the written consent of Oxford Analytica. Contact us at: www.oxan.com/about/ contacts/ or tel +44 1865 261 600 or in North America 1-800 952 7666 West Africa
theBaltic Autumn 2012 www.thebaltic.com
41
OLD HABITS DIE HARD. 2007, 2010 & 2011. Winner of Corporate Intl Global Awards 2012 “Shipping Law Firm of the Year in the UAE”
only field in which we are experts. You can also count on us when it comes to
www.fichtelegal.com I info@fichtelegal.com UAE +971 4 4357577
United Arab Emirates
Terminal velocity There have been a number of initiatives in recent months, including a new pipeline that will reduce UAE dependence on shipments of oil through the Straits of Hormuz. Plus: DP World; Port Rashid; Al Hamriya; Court of Cassation
O
ne of the key strategic projects in the
DP World upbeat
Port Rashid
United Arab Emirates (UAE) recently
DP World announced a profit before tax
DP World-operated Port Rashid Passenger
has been the development of a new
of $310m for the first half of 2012 at the end
Terminal has recently been upgraded, leading
export oil terminal at Fujairah, which
of
to the resumption of passenger connections
recently began shipments offsetting reliance on Arabian Gulf oil terminals while reducing congestion through the Straits of Hormuz.
last
month,
in
spite
of
the
global
economic challenges. Commenting on the results, DP chairman
between Dubai and port cities across the Gulf region.
Sultan Ahmed Bin Sulayem said that in spite
Mohammed Al Muallem, senior vice president
Oil is delivered by pipeline from Habshan
of the challenges to the global economy in the
and managing director, DP World, UAE region,
in Abu Dhabi – the current collection point for
past six months, “It is very encouraging that
said: “For 40 years, Port Rashid has played a
Abu Dhabi’s onshore crude oil production –
DP World has been able to show good profit
central role in connecting Dubai to the region
terminating in Fujairah. The 48-inch-diameter
growth across its global portfolio, led by its
and the rest of the world. Since the transfer of all
pipeline has been designed to transport some
key markets of Africa, the Middle East and
container vessel operations to Jebel Ali Port four
1.5 MBPD of crude oil from Abu Dhabi Company
South America.”
years ago, we have focused on developing Port
for Onshore Oil Operations (ADCO) facilities at Habshan over a distance of 380 km to the export oil terminal in Fujairah.
The group’s investment in the first six months totalled $260 million.
Rashid as a centre for passengers visiting Dubai. We have developed the largest cruise terminal
“Looking across our regional portfolio,
in the region there and now we are delighted to
The scale of the project was immense and
the Middle East, Europe and Africa region
once more welcome regional ferry passengers to
encompassed the construction of pumping
delivered an excellent performance with an
the Port Rashid Passenger Terminal in the very
stations, a main oil terminal (storage capacity
18% improvement in EBITDA to $477 million
heart of Dubai.”
of eight million barrels) and offshore loading
and further improvement in EBITDA margin to
In the first six months of the year, DP World
facilities at Fujairah, in addition to the installation
46.3%. This reflects the strategic positioning of
handled 28.2 million TEU across its global
of the main pipeline.
our terminals towards the faster growing and
portfolio of over 60 terminals, 7.5% ahead of the
stronger economies in this region, mitigating
same period last year. Like for like gross volume
weaker trade across continental Europe.”
growth was 5.4%.The Asia Pacific and Indian
It is understood that the new arrangement will mean that as much as three quarters of crude shipped from the UAE will eventually go
Group chief executive officer, Mohammed
Subcontinent region was the main driver of this
Sharaf commented: “I am particularly pleased
growth, reporting a 12.1% increase in volumes
The first ships came as Iran threatened to
to see our terminals handle an increasing
to 13.3 million TEU. This strong performance
close the Straits of Hormuz in retaliation for
number of the largest vessels in response to the
was driven by growth across terminals in Asia
EU sanctions against Iranian oil imports. P&I
industry trend.
Pacific as well as new capacity across the region
by that route.
Club cover is no longer available for ships
“The quality of our assets is reflected in
carrying Iranian petroleum products. The new
our underlying revenue growth, which again
The Europe, Middle East and Africa region
export terminal means the UAE will no longer
exceeds volume growth. These robust results
grew 3.2% to 11.6 million TEU. Weaker trade
be dependent on shipping oil through the
show our portfolio is well diversified in today’s
across Europe masked the stronger performance
Straits, through which about 35% of the world’s
more challenging markets and well placed to
across the rest of the region, including in Jebel
seabourne oil trade passes.
continue to outperform in the future.
Ali, which handled 6.6 million TEU in the first six
theBaltic Autumn 2012 www.thebaltic.com
as a whole.
43
United Arab Emirates
months of the year, 7.3% ahead of the same
long wharf with a capacity to accommodate 190
bill of lading. Mere reference in a bill of lading
period last year.
fishing boats.
to the conditions of a charterparty, without
“The number of containers handled across
The changes will strengthen Al Hamriya Port’s
express reference to the arbitration clause, is not
our portfolio of global ports has increased again,
traditional capability and leverage the strategic
sufficient to incorporate the arbitration provisions
with 28.2 million containers handled in the first six
location of the port in the centre of Dubai.
into the bill of lading, as was noted by the Dubai Court of Cassation.
months of the year. The global macroeconomic
“It should also be noted that if a party wishes
uncertainty seen in the first quarter of the year has continued, and if anything, has increased
Court of Cassation judgment
to object to the jurisdiction of the UAE court on
through the second quarter. Despite this more
The Dubai Court of Cassation has recently ruled
the grounds of an arbitration clause, this must be
challenging environment, the majority of our
on the incorporation of charterparty terms in a
done at the very first hearing, otherwise the right
global portfolio continues to show resilience
bill of lading under UAE law. The judgment in the
to object will be lost and it will be assumed that
and we remain committed to delivering an
case of Al Buhaira National Insurance Co v The
the parties have submitted to the jurisdiction of
improved operational and financial performance
Shipping Corporation of India Limited particularly
the UAE court.
over 2011,” Mohammed Al Muallem concluded.
considered the incorporation of an arbitration clause from the charterparty.
“The UAE is a civil law jurisdiction and there is, therefore, no system of binding precedent.
According to Ince & Co, whose Dubai office
However, the decisions of the Dubai Cassation
Al Hamriya port development
handled the case for the successful owners
Court can be persuasive when used as
June saw the completion of the first phase of
Shipping Corporation of India, “This is an
the basis for legal argument in subsequent
the Al Hamriya port development plans aimed
important case because it determines that
cases. Only in rare cases will the judges of
at modernising and upgrading the port to meet
the UAE court will recognise and uphold the
lower courts contradict the findings of the
customers and the fishing community.
incorporation of a charterparty/foreign arbitration
Cassation Court.
The first phase included the upgrading of one
clause into a bill of lading even where the
“Cassation Court decisions are, therefore, a
million square feet of yard space, which has been
details of the charterparty in the bill of lading are
form of guidance as to the courts’ likely attitude
paved, metal fenced, and gated.
left blank.
in similar matters. This judgment will form part
The second phase includes a modern facility
“In this case, the UAE court held that, where
of such guidance and is likely to be relied upon
for the exclusive use of the fishing industry at the
the words of incorporation in a bill of lading
in any cases where either party is seeking to
port. Construction work has already begun on
include a clear reference to the arbitration clause
object to court proceedings on the basis that
the facility and is due to be completed this year.
of a charterparty, then that arbitration clause
arbitration provisions from a charterparty have
The development will create a new 1,650-metre
will be deemed to be incorporated into the
been incorporated into a bill of lading.”
44
theBaltic Autumn 2012 www.thebaltic.com
Canada
Natural selection International oil majors are planning exports of natural gas. Plus: Fednav; new world economies; container study; Sydport
L
NG Canada has applied to the National
Fednav inks deal
New world economies
Energy Board for a license authorising
Fednav Limited, the largest international maritime
As Warren Jestin, SVP and Chief Economist
the export of up to 24 million tonnes of
bulk carrier in Canada, has announced a deal for
of Scotiabank, told the recent Canadian
liquefied natural gas (LNG) per year, for a
six new vessels in partnership with Sumitomo
Shipowners Association International Joint
term of 25 years, from its proposed LNG export
Corporation and Oshima Shipyard, the green
Conference, the ongoing out-performance of
terminal near Kitimat.
ships will be built in Oshima Shipyard, based
new world economies has big implications
Gas
near Nagasaki. The 35,000-ton bulk carriers,
for Canadians.
Corporation (KOGAS), Mitsubishi Corporation,
which are especially equipped for navigating
“These nations have driven demand for a
and PetroChina Company Limited announced in
in ice, are highly flexible vessels well suited to
broad array of commodities, giving our resource
May that they are jointly developing a proposed
international trade, their size is adapted to the
exporters essential support at a time of
liquefied natural gas export facility near
dimensions of the St Lawrence Seaway.
generalised weakness in traditional markets.
Shell
Canada
Limited,
Korea
Kitimat, British Columbia, naming the project
Even with the recent deceleration in new world
Environmental benefits
growth – and declining natural gas earnings
Shell holds a 40% working interest, with
The new vessels represent a major step forward
associated with depressed prices and volume
KOGAS, Mitsubishi and PetroChina each
in terms of environmental improvements, Fednav
sales to the US – commodity exports revenues
holding a 20% working interest. “Our combined
said. They will consume 20% less fuel and
are up 8% in the past year and almost 70%
expertise and our focus on technological
produce 20% less emissions than vessels built
during the past decade,” he said.
innovation in delivering safe and environmentally
by Oshima Shipyard for Fednav 10 years ago,
“As long as these nations continue to
sound LNG projects around the globe, ensures
ships that the company said were already
outperform, Canadian growth is likely to remain
that our LNG Canada project would be well-
among the most efficient of their time. This will
strongest in our resource-intensive Western
suited to deliver long-term value for British
contribute significantly to Fednav’s objectives
provinces and in Newfoundland and Labrador.”
Columbia and increase access to new export
of reducing GHG emissions in its fleet on
markets for Canada,” Jose-Alberto Lima,
a continuous basis. The fuel-efficient engines
Shell’s Vice President LNG Americas for Shell
will also reduce nitrogen oxide emissions by
Container study
Energy Resources said at the time the project
approximately 20%.
The US Federal Maritime Commission released
LNG Canada.
was announced.
All of the vessels will receive the CLEAN-
a study on US Inland containerised cargo
The proposed LNG Canada project would
DESIGN notation class society DNV. “The
through Canadian and Mexican ports in July
include the design, construction and operation
environment is one of our top priorities when we
after concerns had been raised about the extent
of a gas liquefaction plant, and facilities for
consider the design of a new vessel,” explained
to which the US harbour maintenance tax might
the storage and export of LNG, including
Paul Pathy, Fednav president and co-CEO, upon
encourage US-bound container cargo to move
marine off-loading facilities and shipping. LNG
signing of the contract. “It is very important to
to Canadian and Mexican seaports.
Canada would create significant economic
us and also to our customers that our vessels
Commenting on the study, Robin Silvester,
benefit for the province and local communities,
not only respect but exceed environmental
chairman of the Association of Canadian Port
creating thousands of jobs during construction
regulations in Canada and worldwide.”
Authorities said: “Canadian port authorities
and
hundreds
of
permanent
jobs,
the
operate as financially independent entities
Fleet delivery
that compete effectively with ports across
Shell Canada confirmed last month that it
The vessels will be delivered between 2015 and
North America. While US ports fund harbour
would be going ahead with its involvement with
2016, as part of a series of 21 new ships added
maintenance through a nationally imposed fee,
the Kitimat LNG project – which is targeted at
to Fednav’s fleet since January 1, 2012. Fednav
Canadian ports fund harbour maintenance, like
the Chinese market – alongside its substantial
has the world’s largest fleet of ice-class vessels.
dredging, through harbour dues set by each port
partners said.
investment in shale gas exploration in China.
authority and dependent on cost.
theBaltic Autumn 2012 www.thebaltic.com
45
Corporate viewpoint Canfornav
Innovative approach Canfornav discovered the ideal system to guide it through the forthcoming ECA zone requirements
T
he efficient running of a vessel has taken
having to keep track of the many variables
cheaper. Our Chartering department liaise
on a new dimension with the escalation of
when planning a voyage. Fuel requirements, a
closely with Operations, prior to fixing to avoid
fuel prices and recent environmental regulations
relatively simple calculation process, now has
any confusion on cargo carrying capacity,
such as the North America ECA zone that have
to be further analyzed to take into account
which could lead to disastrous consequences
resulted in new challenges for both on board
purchase of regular fuel, low sulphur fuel, diesel
and legal implications.
and shore personnel.
oil, low sulphur gas oil. Even if the vessel is
Canfornav is using technology to assist in
To say that the work load has more than
not proceeding to an ECA zone, the possibility
keeping track of bunkers on board and being
doubled for the operator of a ship, would
of the ship trading there on her next voyage
consumed on their ships. The operator is
be putting it mildly. For those working in
has to be considered. Are low sulphur fuels
aware of the fuel in each tank and from which
companies, whose ships are not on a dedicated
available at the next port or do you have to
tank fuel is being consumed, on a daily basis.
run, the difficulties and problems are even more
bunker when and where available, sometimes
A bunker management plan is also in place to
complex and time consuming. Multiply these
at the expense of cargo and the bottom line?
ensure optimum utilization of the vessel’s fuel
problems if the ships handled by each operator
Not an easy decision, as many factors have to
capacity. Ship and shore are now on the same
vary in size and type and you have a good
be considered, such as fuel tank capacity and
page and communications in this area are now
idea of the dedication, diligence and training
remaining on board bunkers at various stages
much clearer and consequently, decisions in
required to operate and navigate a vessel
of the voyage, all have to be monitored regularly
this respect are somewhat easier to make.
through the minefield of patchwork regulations
to ensure that empty tanks are available at
Our Officers on board, our Chartering and
that exist today from the E.U. to California to
the scheduled bunker port to avoid mixing of
Operations departments are all motivated to
the various States in the Great Lakes.
fuel from different areas, which could result
run our ships economically and efficiently;
This has made life for the individual operator
in missed opportunities to maximize bunker
giving them the tools to accomplish this and
sitting in the office a lot more challenging by
purchases at a port where fuel is relatively
improve overall performance is our goal.
Mandarin in the Welland Canal
46
theBaltic Autumn 2012 www.thebaltic.com
Canada Sydport
Route from Europe and the Mediterranean,
relentlessly and successfully pursued service
The Cape Breton Regional Municipality (CBRM),
offering considerable strategic advantages for
improvements through collaborative supply
located in Sydney, Nova Scotia, launched a
ocean carriers.
chain efficiency programmes and offered more
marketing campaign to promote the strategic
CBRM says the port also offers unrestricted
reliable service thanks to labour agreements.
advantages of developing a container shipping
double-stack rail access to major inland cargo
port terminal in Sydney harbour in July.
clusters in the US Midwest, along with the
“In recent years, Canadian ports have
“Further, the Canadian supply chain is in the midst of generational improvements to road and
CBRM
recently
agreed
to
purchase
potential for network feeder services along the US east coast.
rail infrastructure, like highways and overpasses,
approximately 500 acres of greenfield waterfront
thanks to strong strategic leadership from senior
land for the purpose of building a container
levels of government and collaboration with
terminal and says that it is looking at the
Lower costs
the private sector. Multiple security and cargo
possibility of linking up with a terminal operator
The authority believes that a container terminal
screening processes have also been effectively
on a long term basis.
at Sydney will be cheaper to build and have the
and efficiently integrated into Canadian supply chain and cargo handling activities, in many
lowest operating expenses per teu.
No restriction
All the necessary permits have been received
cases as a direct result of the long-standing
The greenfield site being acquired by CBRM sits
for construction and labour agreements are
close co-operation between US and Canadian
on the edge of a newly dredged channel into the
being
border and security agencies,” he continued.
Port of Sydney that can accommodate without
Longshoremen’s Association, AFL-CIO, (ILA)
any restriction the world’s largest container
to ensure Sydney’s competitive advantages
vessels.
are realised.
“ACPA views the US FMC Report that found that carriers shipping cargo through Canadian
negotiated
with
the
International
and Mexican ports violate no US law, treaty,
Dredging was completed in January this year
CBRM mayor John Morgan commented:
agreement, or FMC regulation as one step in the
with local and federal funding. Dredge spoils
“For the people and the economy of our region,
right direction, as it underscores the importance of
have been used to create a 150-acre expansion
we are launching this effort with the full support
ongoing free trade between Canada and the US.
of the greenfield site directly adjacent to the Port
of our community to develop the greenfield
of Sydney channel.
site as the future location of an international
“ACPA will move forward with cautious optimism that healthy competition, as well as
The Port of Sydney is North America’s
close co-operation, will continue to take place
easternmost harbour and it is the closest to
“The potential for job creation and long-
between Canada and the US, as it has for many
the Suez Canal. It sits just six miles from
term economic growth is critical to the future of
years,” he concluded.
the sea buoy marking the Great Circle
Cape Breton.”
theBaltic Autumn 2012 www.thebaltic.com
container terminal.
47
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Breakbulk
Breaking news There’s new activity in the breakbulk segment as Gasunie and Vopak sign an agreement with Shell as their first customer for LNG Break Bulk terminal at Rotterdam. Plus: Intermarine and Scan-Trans; Irish volumes; Metro Vancouver; Rickmers Group
V
Intermarine and Scan-Trans
said
for
Intermarine and Scan-Trans have merged
of Intermarine. “The industry will continue
distribution in the Netherlands and
to form a joint project and heavylift cargo
to consolidate and the company will have
Northwest Europe.
company. The companies will trade under the
the
Intermarine name.
our customers.
opak and Gasunie plan to build an
LNG
breakbulk
terminal
The LNG breakbulk terminal is to be
Andre
global
Grikitis,
footprint
Operating
to
Chairman
support
all
of
constructed at Maasvlakte near Rotterdam and
“We believe the company will set the
“With the strength and flexibility of the best
aims to make LNG available for distribution to
standard for customer service and value in
balance sheet in the business, we are well
marine bunkering and truck fuelling stations.
the industry,” said Al Stanley, chief executive
positioned to continue our growth as both
The plan is to build this independent, open
of Intermarine. “As the industry consolidates,
service and asset opportunities arise.”
access terminal for the small-scale distribution
global breadth and laser focus on customer
of LNG by both land and sea. The new
needs will define the winners.”
Irish traffic
terminal is planned adjacent to the Gate
“Consolidation is the key to success in
terminal and both terminals will be connected
our line of business and Scan-Trans has
Irish breakbulk volumes continued to decline
by pipeline. The new terminal will receive
been looking for the ideal partner for some
by 3%in the second quarter, with no rise
LNG by pipeline from the Gate terminal and
time,” noted Lars Juhl, CEO of Scan-Trans
in demand for construction-related materials,
break down the LNG into smaller quantities for
Worldwide. “We are therefore thrilled to merge
such as timber, steel or cement, according to
further distribution.
with Intermarine, a company we feel is the
the Irish Maritime Development Office. Looking
As yet, it consists of one jetty and two
perfect match in business, culture and values.”
at the traffic data to mid-year shows that, for
truck loading stations, but it is expected to be
By consolidating the Scan-Trans and
the first six months, breakbulk traffic declined
operational at the end of 2014, subject to the
Intermarine fleets, the merged company can
relevant approvals being obtained.
expand its customer coverage with more than
“The outlook for the remainder of the year is
50 multipurpose and heavylift vessels with
flat, with no significant uplift in volume demand
lifting capacities of up to 800 metric tons.
on the key trades expected,” said Irish Maritime
The LNG breakbulk terminal constitutes the start of a small-scale LNG chain in the
by 7%, IMDO said.
Netherlands and northwest Europe. It is
Annual turnover for the company will be in
Development Office director Glenn Murphy.
supported by the Dutch government and fits
excess of $500 million. The largest shareholder
“The continued economic uncertainty globally is
in the recently announced “Green Deal” for the
of the merged company is private equity firm
also having an adverse impact on international
Wadden and river Rhine area, a public-private
New Mountain Capital, with more than $9 billion
shipping markets, with several leading shipping
partnership aiming to introduce LNG as a clean
under management.
lines downgrading their volume forecasts
transport fuel for road trucks and shipping. Eelco Hoekstra, CEO of Vopak, said: “We are pleased to welcome Shell as our launching
Such financial backing ensures Intermarine the capability to grow both organically or through acquisitions in the future.
for 2012. “Manufacturing orders across Europe also show little signs of imminent improvement as
customer for our joint LNG Break Bulk terminal
“We believe that success during the next
near Rotterdam. This is a major step in
three years will be defined by providing all
facilitating LNG as an effective alternative for
of our customers with the best possible
“Going forward, two other caveats also need
traditional transport fuels.”
cargo solutions across their global networks,”
to be taken into account. First, the weakness of
theBaltic Autumn 2012 www.thebaltic.com
the euro zone’s debt crisis threatens some of Europe’s major economies.
49
Breakbulk
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we
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optimisation system can help our customers
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BREMEN/HAMBURG H.W. POTT GMBH & CO.reduce and& KÖRNER consequently emissions Phone: +49 421-17 57 10 / +49 40-254 55 02 significantly”, Lepistö said. Facing changing markets and increasing Fax: +49 421-30 25 41 / +49 40-254 55 200 E-mail: bremen@pott-koerner.com /The hamburg@pott-koerner.com Rickmers Group is starting with a price pressures, Rickmers expects the system
group of five ships that are operated by to improve profitability and reduce theEMPRESA overall PORTUGUESA LISBON NAVEX DE NAVEGACÀO Rickmers-Linie. environmental footprint. Phone: +35 12 11 12 82 60 Fax: +35 12 11 12 82 74 E-mail: navex@navex.pt
08089
50
theBaltic Autumn 2012 www.thebaltic.com
Insurance
Commission closes International Group investigation The European Commission has ended its anti-trust investigation of the International Group of P&I Clubs claims sharing and reinsurance arrangements. Plus Eagle Ocean; North of England P&I Club; Standard Club; Iranian sanctions; Strike Club
T
he European Commission announced
International Group of P&I Clubs were previously
international liability conventions, under which
at the beginning of August that it has
exempted from the competition rules of the
compensation to claimants is generally paid
decided to close its anti-trust inves-
European Union by a Commission decision
regardless of fault and without legal wrangles.
tigation of the International Group
of 12 April 1999. The exemption expired on
of P&I Clubs claims sharing and reinsurance
20 February 2009.
“We are very pleased that the Commission officials involved now appear to understand the benefits of the current system,” said Khosla.
arrangements. The investigation focused on the
The International Group welcomed the
International Group Agreement (IGA) and the
news, but said that “even though the European
Pooling Agreement between the P&I Clubs that
Commission has decided to close its investigation,
contain rules on the sharing of insurance claims
the International Group plans to make some
Eagle Ocean results
and joint reinsurance as well as rules on the
amendments to the IGA. The International Group
Eagle Ocean Marine (EOM) – the specialist fixed-
contractual relationships between the P&I Clubs
is finalising these and details will be published in
premium P&I and FD&D facility underwritten by
and their members.
due course.”
the American Club – has reported a good first
The aim of the procedure, according
The International Chamber of Shipping also
year of operation and a strong start to its second
to the Commission was to examine whether
welcomed the move, which has been a source
year following the favourable renewal of its
certain provisions of the agreements lessened
of considerable concern in the insurance industry
quota-share reinsurances in the London market.
competition between P&I Clubs or restricted, to a
because of its potential to undermine the mutual
certain extent, the access of commercial insurers
insurance principle.
EOM’s first-year premium exceeded $5m, slightly outpacing original projections. Moreover,
ICS Director of Legal Affairs Kiran Khosla said:
increasing market interest in the facility, indicated
“ICS has always firmly stated that the current
by rapidly rising levels of enquiries and orders,
August
system of mutual third party liability insurance
suggests a very promising outlook for the second
2010, the Commission conducted a market
provided by the International Group continues
and subsequent years.
investigation with shipowners, brokers and
to serve the best interests of ship operators and
The company performed well during its first
commercial insurers. The market investigation
their customers extremely well, alongside serving
year. The incidence and severity of claims were
was not sufficiently conclusive to confirm the
the interests of claimants and the general public.
at encouragingly low levels, reflecting a prudent
Commission’s initial concerns,” the Commission
In particular, the mutual insurance arrangements
policy of risk selection and pricing. Results to date
said in a statement.
provided by the Clubs enable the provision of
show a healthy credit balance of premium over
the very high levels of insurance required under
claims, Eagle Ocean said.
or other mutual P&I insurers to the relevant markets. “After
opening
proceedings
in
The agreements concluded within the
theBaltic Autumn 2012 www.thebaltic.com
51
Insurance EOM provides P&I and FD&D cover for
liability cover. The K&R policy is designed
transport,” the Club said. However it added that
operators of smaller ships up to 12,500gt in local
especially for shipowners whose ships frequently
the comments should not be considered as legal
and regional trades. With P&I cover of up to $50m
transit high-risk piracy areas. It extends to all
advice, and this view may not be shared by other
per risk, it is aimed at owners who do not require
associated expenses including loss of hire, loss
EU member states.
the high limits of cover provided by the mutual
of ransom in transit, crew liabilities arising from
clubs and who prefer a fixed-premium approach
kidnap, legal expenses and the cost of crisis
to their insurance needs. About 55% of its current
responders. The club will handle claims resulting
Strike Club in demand
business is from Asia, the remainder coming
from the piracy cover, with the assistance
The Strike Club, which insures shipowners and
mostly from Europe, Latin America and Africa.
of Hiscox Syndicate 33 at Lloyd’s. Ransom
charterers against delays in the marine trades,
Commenting on the results, Joe Hughes,
negotiations will be managed by Control Risks.
reports continuing strong demand for its covers,
chairman and CEO of Eagle Ocean Agencies,
Ransom payments and associated expenses
whether for mutual entries or for its fixed-
said: “The results to date are very encouraging
cover will normally be limited to $5m per insured
premium insurance covers for war risks, loss of
and augur well for the future. We are determined
event and $2.5m for loss of hire, although higher
earnings and bespoke delay risks.
to make EOM a growing success for all its
limits can be arranged.
stakeholders – its clients, the club, its reinsurers
According to Bill Milligan, chief executive
The Transport Traders’ Liability policy covers
of SC Management: “There are many reasons
time charterer’s liability, including P&I and damage
why owners and charterers are increasingly
“EOM seeks to occupy a special place in the
to hull, FD+D (Defence) and liabilities arising
seeking financial protection or higher limits of
fixed-premium sector for those who desire a high-
from trading operations. Separate limits can
cover. First, there is great uncertainty about the
quality approach to their insurance needs. We are
be provided up to $500m each for chartering
impact on shipping and ports as the number of
confident that EOM’s business model will enjoy
liabilities and trading operations.
debtor countries in Europe grows. Second, the
and its many other business associates.
is
political, economic and financial maelstrom we
designed for shipowners who are responsible for
are currently facing is leading to a widening of
ship agents’ activities and for those who manage
industrial strife as worried workers protest about
Liquefaction move
third party ships. It provides cover for agents and
the threat to their jobs, wages and pensions.
Cargo liquefaction has long been of concern
managers in relation to a wide range of liabilities
“Outside Europe, we are seeing volatility
to insurers and North of England P&I club has
including professional negligence, cargo, property
in major shipping trades as China’s economic
launched a new poster in July to help seafarers
damage and personal injury up to $10 million.
bubble shows signs of deflating, restrictions on
increasing success over the years ahead.”
The
Professional
Liability
insurance
identify ore types as part of its campaign to cut
“In offering these new policies, we’re building
the risk of further losses of ships and crews
on the strong relations we have with the club’s
power blackouts across India, blacklisting of
carrying ore cargoes that may liquefy at sea.
members to provide cover which is in many
British-related flagged ships by Argentinian dock
nickel-ore and bauxite exports from Indonesia,
North’s loss-prevention manager Andrew
ways a natural extension of P&I. Many members
workers and growing instability across much of
Glen, who has been involved in recent international
have told us they would prefer to buy this type
the Middle East, including Iran’s threats to close
efforts to improve safety with nickel ore cargoes
of insurance through their club because they
or blockade the Strait of Hormuz.”
in particular, said: “A common problem faced by
like the club’s high level of service and hands-on
This worrying instability, together with the
seafarers is trying to work out whether an ore
approach and appreciate the value of seamless
lack of clear distinctions between war, civil war,
cargo about to be loaded on board matches
cover,” said Standard Club chief operating officer
revolution, insurrection, riot or political protest,
that described by the shipper. The new poster
Jeremy Grose.
is the main reason the Club widened the scope of mutual cover for 2012/13 to offer owner and
campaign aims to help them with identification.”
charterer members optional cover for additional
Entitled ‘Ore Cargo Types’, the poster provides a quick visual reference for seafarers on the
Iranian sanctions
war, civil war and piracy perils to enhance the long
typical particle size and appearance of the main
A Standard Club alert to members has outlined a
list of insured perils.
types of ore cargo – fines, concentrates, pellets,
view from the UK government on the interpretation
Owner-operators and charterers take out
lump ore and lateritic ore. The latter includes
of EU Regulation 267/2012 in relation to bunker
Class I & II cover because many shore-based
nickel ore cargoes, liquefaction of which has led
stems of Iranian origin and Iranian cargo residues
delays, such as strikes, war, civil war, riots, fire,
to the loss of five ships in the past 18 months
or slops.
earthquake, port closures, obstruction, imposition
along with the lives of 66 seafarers.
The International Group has been liasing
of export controls, can destroy any margin for owner-operators or for charterers.
Longer term, North intends to use the
with the UK government on the issue and has
notifications to identify organisations that are
reported that the UK Department for Business,
During a delay caused by a ship-related event,
not following the requirements of the IMSBC
Innovation and Skills (BIS) has recently offered
a time-charterer can often stop the payment of
Code, thus helping to focus future loss-prevention
a view that differs from that previously stated by
charter hire, so the Class III cover is better suited
efforts of industry and regulators. Similar circulars
the UK Treasury and the European Commission.
for owners or bareboat charterers.
have been issued by all other clubs in the International Group of P&I Clubs.
“BIS, upon further review, has concluded that
In effect, mutual delay insurance provides
as a matter of policy it considers bunker fuel and
cost-effective protection for losses caused by
engine and lube oils of Iranian origin used in the
delays, with very low deductibles.
propulsion and operation of the ship (as distinct
For the 2011/12 policy year, the Strike Club
Standard Club’s new products
from being carried as cargo) fall outside the
annual report said mutual delay claims were
The Standard Club is adding to the coverage
scope of the prohibitions on purchase, import and
topped by closure of port or sea lane (19.3%),
available to members by offering three additional
transport in articles 12 and 14 of the Regulation
followed by collision (15.2%), port workers’ strikes
insurance products – kidnap and ransom (K&R),
and therefore outside the scope of the prohibition
(14.5%), machinery damage (12.6%), stevedores’
traders’ transport liability cover and professional
on insurance for such purchase, import and
strikes (9.7%) and general strikes (7.1%).
52
theBaltic Autumn 2012 www.thebaltic.com
ITIC
Brokers beware Charlotte Kirk, Director, International Transport Intermediaries Club (ITIC), gives examples of where brokers should have watched out for their exposure to liability
P
rofessional service providers in the
money. Lawyers mounted a strong defence and
“otherwise as per as the head charter party”.
shipping industry are under continual
the liquidator eventually dropped the case. The
The sub-charterer asked for a copy of the head
pressure to defend claims for liabil-
broker, having first sued for the commission and
charter party for review. The head charter had
ity. Furthermore, those pressures have
then sued again for its return, was finally able to
been sent to the broker together with a separate
keep the money.
addendum. Unfortunately, while the broker
only increased during the current global
In another case, shipbrokers fixed a bulk
passed the charter party to the sub-charterers,
Shipbrokers are under pressure from their
carrier for a time charter of 90 days. The first
it failed to forward the addendum. The fixture
principals. Witness the case of a Norwegian
voyage was via a port in Thailand where cargo
was concluded, but without the sub-charterer
broker that made a claim against its principal
was loaded for discharge at an African port.
being aware of the addendum.
for the commission on two newbuildings.
Unfortunately, during the outward passage, the
The principal had appointed the member as
ship collided with a tanker. There was no serious
its exclusive broker. The broker introduced
damage other than that, as a result of the
the principal to a shipyard, but the principal
collision, the tanker hit a dolphin (part of the port
completed the contract directly. The principal
structure), which was damaged.
economic downturn.
Cleaning costs The addendum contained provisions in relation to the costs of hold cleaning in the
refused to pay commission and the broker sued.
However, the bulk carrier was arrested by the
event that the vessel carried cement. This
The broker’s claim was rejected by the trial court,
local authorities and was not released until two
cargo had originally been excluded under the
but the claim was successful on appeal.
months later.
head charter party, but had subsequently been
The broker obtained nearly $690,000 from
In the charter party, there was a clause
permitted on the terms agreed in the addendum.
the principal. The payment appeared to be just in
giving the charterers the option to cancel if
The addendum provided that the sum of
time as shortly afterwards the principal went into
the ship had been off-hire for 30 consecutive
$7,500 could be paid by the charterer in lieu of
liquidation. Some time later, the broker received
days, and it decided to exercise this option
hold cleaning.
an approach from the liquidators demanding
and cancelled the remainder of the charter. The
The carriage of cement under the sublet had
repayment of the money.
shipbrokers had purchased ITIC’s optional loss
been agreed in the main terms, but the terms
of commission cover and made a claim for its
relating to the costs of hold cleaning had not
lost commission.
been passed to the sub-charterer.
Norwegian law
The duration of the voyage until the collision
The charterer was left with an obligation
The relevant provisions of Norwegian law are
and arrest was 43 days, leaving 47 days
to pay the head owner for hold cleaning, but
contained in Section 5 -5 of the Satisfaction of
remaining of the minimum period. In addition, at
was unable to reclaim the money from the
Claims Act. This provides that a payment made
the time of the arrest, the ship was nominated
sub–charterer. The broker had to reimburse its
by an insolvent company may be voided if made
to perform a further voyage with another cargo.
principal the sum of $7,500.
within a three-month period of the company
The commission was fully reimbursed by ITIC.
Finally, there was the case of a London tanker broker who verbally informed a New York broker
going into liquidation.
that the tanks of the ship had been “washed
The rule is not absolute, however, because the payments will only be reclaimable if
Huge consequences
but not fresh water-rinsed”. The New York
they
company’s
Shipbroking is a profession where relatively small
broker passed on this message as “fresh water
payment capacity and were not ordinary
mistakes can have enormous consequences.
washed”. The salt in the tanks contaminated a
commercial transactions.
Witness the case of the broker who arranged
cargo of vegoil to the tune of $900,000.
materially
worsened
the
The broker rejected the demand and the
a sub-charter, the main terms of which – as
liquidators issued proceedings to recover the
is often the case – were fixed with the details
theBaltic Autumn 2012 www.thebaltic.com
Professional
indemnity
insurance
can
certainly help to ease the financial pain.
53
Legal news
Prestige problem The long-running and extremely expensive dispute between ABS and the Spanish Government takes another turn, while the Dutch Supreme court overturns the CMR limitation ruling. Plus: Maritime Labour Convention; Australian arbitration
T
held that Maat was fully liable pursuant to
tion society ABS in the latest round of
Dutch Supreme Court overturns CMR limitation ruling
litigation relating to the Prestige oil spill.
The Dutch Supreme Court has overturned the
of a lack of safety measures, which the court
The court upheld the findings of the district
decision of a Netherlands appeal court in ruling
qualified as “default considered equivalent
court, saying that while the Spanish government
that claimants cannot rely on Article 29 of the
to wilful misconduct” (“gross negligence”). In
had argued that ABS had a duty in tort in relation
CMR Convention to prove gross negligence on
2011, the Den Bosch Court of Appeal upheld
to its inspection of the Prestige, even if the
the part of defendants writes Annemieke Spijker,
this judgment.
duty was owed the “Plaintiff did not introduce
a lawyer with the Transport and Trade team at
evidence sufficient to create a genuine dispute of
AKD, Rotterdam.
he US Court of Appeals for the Second Circuit has found in favour of classifica-
In Dutch court proceedings in 2008, it was Article 29 of the CMR Convention because
Now the Supreme Court has held that it did not follow from the circumstances that the
The dispute had its origins in instructions
driver had acted in a grossly negligent manner,
issued by metals and minerals group Traxys
and that, absent any proven consciousness
In summing up the case, the judges hearing
Europe SA to transport – and for logistics
on the part of the carrier/driver that the risk of
it said: “We appreciate the gravity of the injuries
specialist Euro-Rijn International BV to carry
theft was significantly greater than the possibility
that Spain alleges it has suffered here and do
– 20 large bags of roasted molybdenum
that no theft would occur, the claimants could
not, by our opinion, mean either to diminish
concentrates, valued at $974,385, from the
not rely on Article 29. Thus, Maat could rely on
those injuries or speak more broadly to the role
Netherlands to Belgium.
the limitation provisions of Article 23.3 of CMR.
material fact as to whether defendants recklessly breached that duty”.
of classification societies in maritime commerce
Euro-Rijn subcontracted the transport to
and the potential duties of classification societies
Transportbedrijf A Maat BV (Maat). Maat was
to third parties.
At
today’s
SDR
currency
rate,
that
is
approximately $250,000.
instructed not to leave the vehicle unguarded. It
The Supreme Court ruling confirms that it is
“We hold only that, on this evidentiary
subsequently subcontracted the transportation
still almost impossible to break CMR limitation
record, Spain has not satisfied its burden of
to Van Houwelingen Transport BV, whose driver
on the basis of gross negligence in Dutch
establishing a genuine dispute of material
picked up the trailer and parked it, together with
court proceedings
fact as to whether ABS and its subsidiaries
the truck, in a parking area at an industrial zone
recklessly breached any duty that they might
in Alblasserdam, near Rotterdam.
owe to Spain. “As such, and for the foregoing reasons, the
This area was lit by street lamps and was
Maritime Labour Convention
locked, although 31 keys to the gate were in
The Maritime Labour Convention (MLC) has
circulation. Unlike the nearby premises of Maat,
finally got the ratifications necessary to bring
The court case arose from the 2002 Prestige
the parking site was not watched over by the
the treaty into force in 12 months’ time. with
oil spill of the Spanish coast which resulted in
company that patrolled part of the industrial
all that entails in terms of setting out minimum
extensive pollution to the coastline.
zone. On the morning following the night on
requirements for seafarers’ working conditions.
judgment of the district court is affirmed.”
The fact that ABS has been the target of a
which the truck and trailer were parked, the
law suit has been of considerable concern to
driver discovered that both truck and trailer had
ratifications
classification societies and the question remains
been stolen. The entrance gate to the parking
Organization (ILO)’s Maritime Labour Convention.
as to whether Spain will seek to take the case to
area had been damaged, and all 20 bags of
the Supreme Court.
cargo stolen.
54
theBaltic Autumn 2012 www.thebaltic.com
The IMO has welcomed the landmark of
the
International
Labour
More than 1.2 million seafarers stand to benefit
from
the
convention’s
provisions
Legal news
according to Rosalie Balkin, assistant secretary
Ship management association InterManager
under COGSA,” it said.
says it expects the new convention will encourage
In the case of Dampskibsselskabet Norden
The MLC Convention covers conditions
recruitment into the maritime industry and one
A/S v Beach Building & Civil Group Pty
of employment, hours of work and rest,
has to hope that better working conditions will
Ltd [2012] FCA 696), the Federal Court of
accommodation, recreational facilities, food
offset the fear that criminalisation of seafarers
Australia determined that London arbitration
and catering, health protection, medical care,
would drive people out of the business.
awards obtained by vessel owners against an
general and director of legal affairs at the IMO.
welfare and social security protection. Parties to
“Establishing minimum standards for the
Australian charterer under a voyage charter
the treaty must ensure that ships flying their
working conditions of the world’s seafarers is
are unenforceable in Australia by reason of the
flag meet the “decent work” requirements
essential in ensuring best practice across our
operation of section 11 of the Carriage of Goods
set out in the convention and certify that those
industry, especially at a time when recruitment
by Sea Act 1991 (Cth) (COGSA).
ships comply with the requirements relating to
is at a low level and the industry is struggling
“The recent Federal Court decision should
labour conditions.
to attract young people,” says Alastair Evitt,
make owners and charterers of voyage
president of InterManager.
charterparties or contracts of affreightment
With the convention set to come into effect in August 2013, it is now essential that the
revisit
necessary good-quality training is in place
already involved in international charterparty
their
arbitration
clauses.
Parties
Australian arbitration
arbitrations
in the new convention. The convention may
Two recent conflicting cases show that the
cargo movement to or from Australia may
have been many years in the planning stage,
position in Australia is far from settled on
find that ultimately they hold an award that is
but the shipping industry is not necessarily
whether foreign court or arbitration awards
unenforceable in Australia.
quick to respond to change and this has to
obtained under voyage charters (or contracts
“Parties entering into new charters with
happen swiftly.
of affreightment) relating to cargo movements
an Australian entity or when shipping to or
to/from Australia can be enforced, according to
from Australia should be aware that currently
Holman Fenwick Willan (HFW).
Australian law and jurisdiction will override
to ensure compliance with the rules outlined
Videotel former
is
deploying
David
deputy
secretary
general
Dearsley, at
the
International Shipping Federation, as its “tutor”
“It remains to be seen whether the recent case
helping companies get to grips with the
will be appealed or whether the Commonwealth
convention requirements.
Parliament will take steps to clarify the position
theBaltic Autumn 2012 www.thebaltic.com
where
the
shipment
involves
any attempt to choose foreign law or foreign arbitration,” said HFW.
55
Finance
LIBOR vs BDI Why the Baltic Exchange’s indices and assessments are so very different from LIBOR
I
n the wake of the scandal over the alleged
Neither shipowners nor charterers are allowed
into consideration a professional’s view of
fixing of LIBOR rates by banks, the European
to make assessments and all the brokers
the market given the cargoes and tonnage
Commission announced this September that it
providing assessments are audited to ensure
currently available as well as recent fixtures.
is taking an in-depth look at the production of
that they are fully active on the trades which
Whilst the Baltic indices are very different
indices in use across the financial and commod-
they are assessing. The assessment is not
to the LIBOR which relies on submissions by
ity markets. The Commission, which drafts laws
reporting the “last done” fixture, but takes
banks who are asked how much it would cost
for the European Union’s 27 member states, has issued a questionnaire looking at all aspects of the production of indices including the calculation processes and the purpose and use of benchmarks. The Baltic Exchange has been providing the bulk shipping markets with a trusted set of benchmark indices based on independent shipbroker assessments since 1985, but there are countless indices used in almost every type of market imaginable. From macro-economic indicators produced by public bodies covering consumer
prices
to
commodity
indices
produced by news agencies which use the underlying prices of traded products, indices come in all sorts of shapes and sizes. Bulk freight rates for seaborne trade are a particularly niche “commodity” to assess, given the specialist knowledge required to assess the variations in vessel types, speed and consumption, ports and numerous other factors. The index model used by the Baltic Exchange is one which was established in 1985 with the launch of the Baltic Freight Index and used to settle trades on the world’s first freight futures exchange, BIFFEX. Although there have been a few minor modifications along the way, the model has essentially remained unchanged since its launch and relies on panels of independent shipbrokers around the world giving their professional judgement as to the prevailing level of the open market within the parameters of the route which they have been asked to assess.
56
European Commissions is taking a close look at indices
theBaltic Autumn 2012 www.thebaltic.com
Finance them to borrow from each other, any index
the quality of the returns made by the individual
have thought carefully about their submissions
which relies on the elements of discretion,
panellists. Whilst the 54 firms which make
and are properly reflecting the current supply,
judgement and subjectivity are coming under
up the various panels are publicly identified,
demand and sentiment in the market.”
the European Commission’s gaze.
the specifics of which brokers report which
The Baltic Exchange, as a member owned
However, according to Baltic Exchange
routes is kept confidential, as are the actual
organisation, has always taken great pains
chief executive Jeremy Penn, the Baltic
daily returns from each panellist. This ensures
to ensure that its entire reporting process is
Exchange feels extremely confident that its
that undue pressure cannot be exerted by the
entirely transparent. Full details of the routes
model is robust and can bear full scrutiny from
brokers’ clients.
reported and reporting criteria can be found in
any regulatory authority.
The Baltic Exchange’s indices are widely
the much referenced Manual for Panellists.
“Our products have won the seal of approval
used and completely trusted by shipowners,
Willy Lyth highlights that part of his role is
from the shipping and financial markets and
charterers and freight derivative traders as
to illuminate the more obscure aspects of the
are accepted as an utterly independent view
an honest, independent assessment of the
market in order to be confident of the accuracy
of vessel earnings, sale & purchase prices,
market. They are not only used to settle multi-
of panellist reports.
demolition rates and forward pricing. We do not
million dollar FFA trades, but also the basis
“We need to know about the many private
pretend that reporting prevailing freight rates
for index linked contracts of affreightment and
and confidential fixtures which are taking place.
is an exact science, but our panellists do not
period charters. The numbers produced by the
In the current poor market, this is getting
directly invest in the market and our compiling
Baltic Exchange are based on an underlying
more and more difficult, with many companies
team comprises experienced shipbrokers. We
understanding of what’s actually happening in
increasingly guarded about their fixtures. We
know our market.”
the freight markets.
encourage all companies to report their fixtures
He notes that the process is entirely
Baltic Exchange senior freight market
to us, even if private, simply to ensure that we
transparent with oversight by external audit by
reporter Willy Lyth explains: “We produce
have as full a picture of the market as possible.
the accountants Moore Stephens as well as
a daily fixture list for the dry cargo market
Numerous companies do report private fixtures
monthly meetings of the Baltic’s Freight Indices
which reflects the information we share among
to us, secure in the knowledge that we can be
& Futures Committee (FIFC) which is made up
panellists and other contacts. It helps us to be
trusted.”
of Exchange directors to ensure that not only
confident in reviewing panellist rates and where
Full details of the Baltic Exchange’s freight
the routes and vessels assessed reflect the
necessary discussing them with contributors.
market information services can be found at
realities of trading patterns, but also to examine
We are always aiming to ensure that panellists
www.balticexchange.com
theBaltic Autumn 2012 www.thebaltic.com
57
Marine technology
Information at the edge of the world The limitations of standard communication technologies have never been clearer. Lawrence Poynter, product director at iOra, explores the sophisticated connectivity solutions that keep the fleet afloat
F
or armchair sports fans, 2012 has been
the regulations of the governing flag state or
take place at any time. As always, being able
a bumper summer of wall-to-wall media
a given port state control. Masters need to be
to demonstrate a compliance process is as
coverage. For naval crews, getting the
kept up to date with international regulations
important as actually being compliant.
latest NASCAR results, football scores
regarding specified Emission Control Areas or
Then there are various elements of a ship’s
or Olympic record times is more difficult – but
changing legal requirements on transport and
operation that in themselves are immensely
not impossible. Many shipping firms recognise
trade in general. In turn they have to provide
data intensive tasks. Interconnected, computer-
that making sports reports available to their
headquarters with accurate, consistent records
controlled onboard equipment requires a core
crews is an important way to remove the sense
that will survive close inspection, which can
logging function to record detailed performance
of isolation often felt onboard. The savings to be gained from higher crew loyalty and retention rates, reduced training time, more days at sea and improved operation of onboard equipment, have made crew welfare a critical consideration. Delivering online news and sports coverage to the crew is just one example of the constant 24x7 information exchange that characterizes modern shipping. The maritime industry is becoming hugely data intensive and highly dependent on information systems that can help generate new and competitive operating efficiencies in an environment where margins are under constant pressure. As a result, modern fleets form a complex IT network, with individual vessels hosting servers, multiple terminal access points and an extensive range of computer-based applications. In effect, they are floating extensions of the office.
Data dependency Sports results aside, the information flow between headquarters and the ship’s master can have critical operation impact. Compliance with increasingly onerous regulations is but one example. Shipping firms have to guarantee that all vessels have the latest health, safety and quality management data in accordance with
58
theBaltic Autumn 2012 www.thebaltic.com
Marine technology and operational telemetry. This data can be
even more problematic, as is the high-latency
have already experienced compression rates
monitored on board, but more forensic analysis
connectivity typical of access over satellite.
of up to 90% on their updates to safety
is required onshore for effective maintenance,
As ships sail in and out of internet range,
management systems, and have enabled
preventative repairs and ship longevity. And,
bandwidth degenerates and download speeds
uninterrupted access to regulatory, safety and
like any other computer network, shipping
decrease. Satellite networks provide a unique
technical information at sea as a result.
fleets also have to share network administration
opportunity for linking globally distributed
Third, content distribution allows both
data to ensure optimal performance. Ongoing
assets, but again their limited bandwidth, high
onboard and onshore users to avoid calling over
operation depends on continual updates,
latency and intermittent availability make them
the satellite connection to access data. Content
software upgrades and service packs. If the
a highly restrictive and often costly information
distribution enables firms to proactively deploy
internal Local Area Network (LAN) on which the
channel. At the same time, the sheer volume of
key data closer to the end user and thus reduce
ship’s operation depends is to keep functional,
application data that needs to be replicated over
reliance on external network connections. In
then virus update files are needed to prevent
available networks can easily consume all the
this way an operator can, for example, replicate
devastating damage.
available satellite bandwidth.
updates to the corporate health and safety data
In an era of increasingly de-skilled crew,
The result is that frustrated users give in to
on a schedule to the vessel. When the vessel’s
the provision of required training materials has
temptation and once they have accessed information
master needs to access that information, it is
also become an essential function. Improving
from the central source, store it as a local copy.
available in a local store that does not require
onboard skill sets, reducing the risk of accidents
Any changes to the centrally held master are
reaching back to shore over a fragile or costly
and maintaining a vessel’s operational efficiency
missed and the single point of truth is broken.
satellite connection.
all contribute to an improved overall business
The challenge for shipping operators then is
Finally, least-cost routing enables operators to
performance. In the case of the US Navy, which
to reconcile the need for universally available,
actively switch between providers of bandwidth,
has some of the most well-trained sailors in the
globally consistent information with the fact that
and is a smart way to reduce bandwidth costs.
world, network connectivity enables its world-
many of the users of that information operate at
In a typical scenario, vessel communications
class engineering experts to remain onshore while
the edge of a network of fluctuating consistency.
will switch from satellite-based delivery when operating offshore, to more cost-effective
being consulted by crews of multiple vessels.
Networking super solutions
VHF delivery when in range – typically 50 to
and planned before a ship leaves port, benefits
There are four broad options available to ship
70 miles – of shore.
from effective data exchange. Up-to-date maps
operators facing this conundrum.
Even route planning, exhaustively researched
In reality, the most common option is to
or charts, often in digital form, may cause
The first is network acceleration. Most
adopt a hybrid of all four solutions, where
unforeseen diversion, as can changing weather
accelerator devices can be installed in the form of
essential content is automatically distributed
conditions, updated port data and incidents of
hardware appliances at each end of the network
over an accelerated network, giving end users
piracy. Masters need this kind of information
and, as the name suggests, have the effect of
guaranteed LAN speed access to data that
as a matter of course. But fleet operators also
speeding up communication between any two
originated over the corporate WAN.
need masters to feed information back to shore
points on that network. Generally speaking,
Commercial shipping is under intense
for dissemination with the wider fleet, and in
these devices will store repeated network calls
commercial pressure, while national navies are
order to improve routing, rationalise bunker
issued by the computer in an intelligent fashion
being asked to get smarter and maximise limited
fuel consumption and leverage cargo-to-vessel
and effectively reduce the amount of data to be
national resources. All are looking for ways to
planning across the company as a whole.
sent over the network, speeding up network
reduce costs, maximise the use of available
traffic by a factor of between six and ten.
resources and deliver greater returns from
Nothing but the truth
The second option is compression. By
existing investments. Sophisticated connectivity
These examples alone demonstrate that the
reducing the quantity of data that needs to be sent
solutions that make the most of data assets
distributed deployment of consistent, accurate
over the network, compression techniques will
deliver on all three counts.
information is critical to the effective and efficient
reduce the amount of
operation of navies and commercial shipping
bandwidth required
operations alike. It is predicated on the principle
and
of maintaining a single point of truth or golden
the cost of delivery.
copy of the relevant data. This single consistent
Various compression
view of data removes discrepancies and
tools are available
contradictions in organisational requirements
that
and ensures that record keeping and audits are
mechanism
in line with those demands.
reducing
the
data
footprint
of
any
For the single point of truth to be effective,
consequently
provide
the for
information has to be centrally stored and made
updates sent over
accessible from a single common platform,
the network so that
normally a global web portal. This can prove
better use can be
challenging even for fixed, land-based networks,
made of the available
since portals are typically designed to operate
satellite
over a LAN and often struggle when deployed
Specialist providers
over the extended wide area network. The global
of digital information
area networks deployed by shipping fleets are
to
capacity.
shipping
fleets
theBaltic Autumn 2012 www.thebaltic.com
Navy ship
59
Organised by
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3rd Annual One-Day Conference 23 October 2012
Radisson Blu Scandinavia, Copenhagen, Denmark
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Expert speakers currently conrmed: Dr Kirsi Tikka, President and COO, ABS Europe Division
Philip Redebrandt, Legal Counsel, Maersk Tankers
Anthony Gurnee, Founder and CEO, Ardmore Shipping
Tommy Thomassen, Head of Technical Operations, Maersk Tankers
Grant Hunter, Chief Ofcer for Legal and Contractual Affairs, BIMCO Yannis Calogeras, Product Manager for Gas Carriers and Tankers, Bureau Veritas
Stig Jakobsen, Head of Operations Department, MAN Diesel and Turbo
Regulation & Manning, Danish Maritime Authority
Søren Christian Meyer, Global Sales Director, OW Bunker
Frans van de Bospoort, Managing Director and Global Head of Chemical, LPG and Product Tanker Group, DVB Bank SE
Carien Droppers, Deputy Secretary General, Paris MOU Anne Skov Strüver, Head of Division, Maritime Søren Vinther Hansen, Senior Analyst, Propulsion Dynamics
Anders Engholm, CEO, Hafnia Management Katharina Stanzel, Managing Director, INTERTANKO
Nigel Anton, Managing Director & Head of Shipping Finance, Standard Chartered Bank
Michael Wilson, Chairman, INTERTANKO Vetting Committee and President, Laurin Maritine (America) Inc
Dionysios Antonopoulos, 2-Stroke Portfolio Manager, Wartsila
Harry Vaas, CEO, Stealth Gas Inc.
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Commercial profiles
Rosneft Marine The company is increasing its presence in the Baltic and in China
R
osneft Marine has continued to expand rapidly since it was established in
London in 2010. A subsidiary of Rosneft Oil Company, Rosneft Marine has now set up a new office in Beijing while expanding the number of ports that it services in Russia.
The company officially opened its second office this May in Beijing, China to service its growing Asian client base. Staffed with a multilingual team, the new office aims to support its regional customers with ease of communication and greater access to premium-quality marine fuel in the Far East. In addition to expanding Rosneft’s presence in Asia, this move allows the company to provide specialised services to regional clients without any compromise on its existing offering to the global and European markets. The formation of this second office in Asia also comes at a time when environmental concerns are changing the landscape of international shipping.
Increasing demand Demand for low-sulphur fuel oils is expected to increase following the introduction of Emission Control Areas in North America, particularly for vessels travelling from Asia to the West Coast of the US. The company intends to work closely with regional ship operators who have US-bound vessels to supply them with ECA- compliant low sulphur fuels of the highest quality at attractive prices. An integral part of its strategy for the China office will be to establish long-term partnerships with customers. The company hopes to collaborate with customers particularly on the basis of long-term formula contracts, as it is one of the few suppliers able to guarantee a reliable and consistent supply of high-quality fuel in the region. As part of a plan to strengthen its presence in the Baltic and the Black Sea, Rosneft Marine extended its bunker supply network to include the western ports of Ust-Luga, Kaliningrad and Novorossiysk in April this year. The servicing of additional ports brings greater ease of access to Rosneft’s high-quality marine fuel in a wider range of bunkering locations to customers. Rosneft Marine’s sister company
RN Bunker is the logistics and domestic marketing arm of Rosneft’s bunkering business. It has just taken delivery of a new bunker tanker in the port of St. Petersburg under the terms of a 10-year time-charter agreement. The RN Polaris is a 6,800 metric tonnecapacity tanker that is also registered as an ice-class vessel. It will be operating in St Petersburg, Ust-Luga and other parts of the Russian end of the Gulf of Finland.
Raising standards
port of Nakhodka (NQMBS). Standardising Rosneft’s bunker supply process ensures a reliable, consistent supply of premium marine fuel that is second to none in the market. Rosneft Marine aims to have a similar implementation of standards across its entire bunker supply network in the future and will continue to seek expansion in other parts of the world, with the aim of providing global clients with superior, localised service while still delivering premium quality fuel in Russian ports..
In order to further the company’s commitment to unparalleled assurance of quantity and quality, Rosneft Marine, together with RN Bunker, is currently in the process of establishing Rosneft’s first full-quality management standard for its bunker supply chain in the
theBaltic Autumn 2012 www.thebaltic.com
61
Commercial profiles
About DP World D
P World operates more than 60 terminals
the Middle East” for 17 consecutive years.
across six continents as of March 2012.
In 2011, DP World handled nearly 55 million
Includes non-container terminals., with con-
TEU (twenty-foot equivalent container units)
tainer handling generating around 80% of its
across its portfolio from the Americas to Asia.
revenue.
In addition, the company currently
With a pipeline of expansion and development
has 11 new developments and major expan-
projects in key growth markets, including
sions underway in 10 countries.
India, China and the Middle East, capacity is
DP World aims to enhance customers’ supply chain efficiency by effectively managing
expected to rise to around 103 million TEU by 2020, in line with market demand.
container, bulk and other terminal cargo. Its dedicated, experienced and professional team
www.dpworld.com
of more than 30,000 people serves customers in some of the most dynamic economies in the world. The company constantly invests in terminal infrastructure, facilities and people, working closely with customers and business partners to provide quality services today and tomorrow, when and where customers need them. In taking this customer-centric approach, DP World is building on the established relationships and superior level of service demonstrated at its flagship Jebel Ali facility in Dubai, which has been voted “Best Seaport in
A first for Gibraltar C
ommencing operations on 1 March 2010,
good lawyers to choose from to guide and assist
When it comes to sale and purchase and
Astralship provides a comprehensive range
any owner/manager looking to Gibraltar as a
dry/tanker chartering, we are able to provide
base for operations.
our clientele with specialised services. With our
of services to our international and local clients: sale and purchase, dry cargo and tanker char-
Astralship is the first shipbroker to set up base
contacts with shipowners and cargo owners, we
tering brokerage services. In July 2010, the
in Gibraltar. Our management has a combined
can support our clientele within specific areas
company further complemented these services
experience of more than 110 years within the
thereby focusing on projects. The company is
by providing our clientele port agency services in
maritime industry and we bring the ability to
proud to announce that it has been placed on
Gibraltar, with Algeciras to come shortly.
maintain our independence, commitment and
the BPC list of brokers to assist them in their
Gibraltar has been a hub of maritime activity
the development of long-term relationships,
specific re-export requirements of potash from
for centuries and today it offers a wealth of
which are crucial elements in what we do and
China to various destinations in the Far East and
advantages for individuals and companies alike
what we strive for.
South East Asia
to set up operations in a tax-efficient jurisdiction.
With our port agency services, we specialise
Astralship firmly believes in our own “Gibraltar
It offers managers and owners the opportunity
in providing husbandry services to shipowners/
PLC” concept and we also believe that owners
to set up an office in a location that can only be
managers, which include the arrangement of
and managers will understand and appreciate
rivalled by places such as Singapore.
fast and efficient crew changes, such as the
the benefits that Gibraltar has to offer - and we’ll
There is a pool of well qualified young
collection of crew from either Malaga, Jerez or
be the first ones here to assist them.
individuals capable of operating as a back office
Gibraltar airports. We execute our own customs
staff. Gibraltar currently enjoys good air links
clearance of spares that are delivered to the
For more information, contact:
with various airports in the UK. However, with
vessel with minimum fuss, along with the supply
Richard W De La Rosa (FICS)
the recent opening of the new Gibraltar Airport
of stores and provisions, and so on.
Astralship Corp – Gibraltar
Terminus, there is expected to be an increase in
Our personalised attention, flexibility and
air connections with other major European cities.
attention to detail within our team of highly
Fax: +350 200 62446
Gibraltar law operates under the same system
experienced and efficient professionals further
E-mail: admin@astralship.com
as the UK common law. There is a plethora of
guarantees our reliability.
Website: www.astralship.com
62
theBaltic Autumn 2012 www.thebaltic.com
Tel: +350 200 62444
Commercial profiles
Middle East experience W
ith a dedicated commercial practice and
the Middle East and Indian Subcontinent, and
bodies such as ICC, DIFC-LCIA, DIAC, LMAA,
a wealth of experience in contractual
Corporate Intl Global Awards 2012 Shipping
LCIA, GMAA, GAFTA and FOSFA.
and advisory work across a broad spectrum of
Law Firm of the Year in the UAE, stand testimony
We are the first law firm having enforced an
industry sectors, Fichte & Co is a highly spe-
to Fichte & Co’s quality of service, articulate
International Arbitration Award in UAE Courts
cialised international law firm with headquarters
legal acumen and invaluable experience in the
under the NY Convention.
in Dubai, UAE. We aim for expedient and com-
maritime areas of practice.
Our clients
prehensive legal services to the maritime and
Corporate and commercial
Fichte & Co has represented major industry
Our corporate and commercial practice offers
players including Abu Dhabi Marine Operating
an extensive range of legal services relating
Company, Abu Dhabi National Oil Company,
Maritime
to banking and finance transactions, real
Abu Dhabi Petroleum Ports Operating Company,
With arguably the largest maritime team in the
estate acquisitions, construction, company
Raets Marine, Smit-Lamnalco, Société Générale
region, we advise on all areas of maritime law
establishments in the UAE and the UAE Free
and DVB Bank to name a few.
and our coherent and comprehensive legal
Zones, as well as debt recovery services. Our
services cover topics ranging from ship sale and
pioneering and strategic solutions extend ensure
For more information, contact:
purchase, ship finance and shipping litigation,
the best for your business.
Jasamin Fichte, Managing partner
corporate sectors in the Middle East. We provide expertise in the following areas:
to charterparty and bill of lading disputes,
Fichte & Co Legal Consultancy
representing various P&I Clubs and review of
Litigation and arbitration
Sheikh Zayed Road, Business Bay,
marine insurance contracts, not to mention
We have the practice and knowledge to effi-
Prism Tower, 19th Floor
advice on freight forwarding and logistics,
ciently resolve legal, regulatory and commercial
PO Box 116637, Dubai, UAE
multimodal transport documents and drafting of
conflicts wherever they arise on your behalf. Our
Tel: +971 5 02 10 1003; +971 4 43 57 577
company terms.
wealth of experience in litigation covers UK, UAE
E-mail: jasamin.fichte@fichtelegal.com;
Our awards, including Seatrade’s Best
and DIFC jurisdictions and work on international
info@fichtelegal.com
Maritime Law Firm 2007, 2010 and 2011 in
and local arbitration cases, most notably with
Website: www.fichtelegal.com
International Registries, Inc. International Registries, Inc. and its affiliates (IRI)
Republic of the Marshall Islands is not only white
of engagement, and work closely with military
provide administrative and technical support to
listed with the Paris and Tokyo Memorandums of
forces operating in the area.
the Republic of the Marshall Islands maritime and
Understanding (MoUs) but also has maintained
IRI has a network of 25 worldwide offices
corporate registries. IRI has been administering
Qualship 21 status with the United States Coast
located in Baltimore, Dalian, Dubai, Fort
maritime and corporate registries since 1948.
Guard (USCG) for seven consecutive years. The
Lauderdale, Geneva, Hamburg, Hong Kong,
The Republic of the Marshall Islands registry (the
Registry supports increased PSC schemes such
Houston, Imabari, Istanbul, London, Long Beach,
“Registry”) is the world’s third largest registry,
as the Paris MoU’s New Inspection Regime (NIR)
Mumbai, New York (mid-town and downtown),
reaching nearly 78 million gross tons and 2,560
and is among the few flag States to be included
Piraeus, Rio de Janeiro, Roosendaal, Seoul,
vessels by the end of 2011 and consisting of
on the NIR’s Low Risk Ships list.
Shanghai, Singapore, Taipei, Tokyo, Washington
owners and operators primarily from Greece,
The Republic of the Marshall Islands is active
DC/Reston and Zurich that have the ability to
the United States, Germany, Norway, Japan and
in the United Nations (UN) Contact Group on
register a vessel or yacht, record a mortgage,
the Middle East, among others. In this sense, it
Piracy off the Coast of Somalia (CGPCS) and
process seafarer documentation and service
is truly an international registry.
its various working groups. It also works closely
clientele. The Registry is committed to the safety
with governmental, military, intelligence and
and security of personnel ashore and afloat, the
service-oriented
industry interests to combat piracy. The Registry
Registry’s vessels, and the marine environment.
philosophy and the quality of the fleet. It maintains
is working with international partners, both in
The most important asset to the Registry is its
a continuing commitment toward working
government and in the industry, to foster better
customers. IRI strives to provide them with full
through the International Maritime Organisation
programmes to protect vessels that transit high
service from any office, 24 hours a day.
(IMO) to develop sound international regulatory
risk areas. With the increase in the use of
instruments and seeks to develop a close
armed guards aboard ships, the Republic of the
working relationship with shipowners, operators
Marshall Islands seeks to ensure that guards
and other industry stakeholders.
working aboard ships and those aboard any
The Registry is highly regarded for its decentralised
operations,
Port State Control (PSC) is the key indicator
escort vessels are properly vetted and trained,
with respect to the quality of a registry. The
use agreed-upon codes of conduct and rules
theBaltic Summer 2012 www.thebaltic.com
63
Events
What’s on where A round-up of conferences, exhibitions and events in the shipping world
8-10 October
15 November
India Shipping Summit Mumbai
Baltic/FFABA Tanker Derivatives Forum, Geneva
www.indiashippingsummit.com
15-19 October Freight Derivatives & Shipping Risk Management Advanced Freight Modelling & Trading, London Baltic Exchange training courses covering all areas of freight, bunker and financial risk management. www.balticexchange.com/training
23-25 October Combating Piracy Week London Leading stakeholders in combating piracy will be speaking at this important event. http://combating-piracy.com
An opportunity for the tanker FFA market to discuss the latest issues. For more details please contact ceccleston@ balticexchange.com
14-15 November Transport Security Expo London Transport Security Expo brings together the world’s leading experts from government, military, law enforcement and security services face to face with the aviation, maritime and public transport industries, to assess the threat level, examine the countermeasures in place and, where necessary, recommend alternate strategies to deal with these threats. www.transec.com/
27 November Seatrade Middle East Maritime 2012 Dubai
13 November
The region’s foremost shipping event.
Turkish Shipping Summit Istanbul
www.seatrade-middleeast.com/
Turkey is defined as an emerging market economy but a largely developed one, with economists noting that in many ways it has weathered the credit crunch better than others. Turkish shipping has changed enormously over the past two decades, the recent changes may be seen as for the worse considering the current shipping markets, but in the long run they have brought the country into the frontline of the industry.
..
www.turkishshippingsummit.com/
64
theBaltic Autumn 2012 www.thebaltic.com
In association with: free 3 month trial - see inside
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