Home / Shipping News / Marine Insurance P&I Club News

Marine Insurance P&I Club News

Small Tanker Oil Pollution Indemnification Agreement (STOPIA) 2006 and TOPIA 2006: 2017 amendments

The Small Tanker Oil Pollution Indemnification Agreement (STOPIA) and the Tanker Oil Pollution Indemnification Agreement (TOPIA) were agreed in 2006 to reflect the desire of shipowner entered Members in International Group Clubs to ensure the continuing success of the international oil pollution compensation regime. More particularly, with the 2003 Supplementary Fund Protocol having been recently introduced at that time, there was a desire to ensure that the costs of responding to spills of persistent oil from tankers should be more equitably borne by shipowners and the receivers of oil. STOPIA ...

Read More »

The Information Fusion Centre (IFC) publishes guidance on Sulu Sea attacks

The IFC in Singapore has released a commentary on the recent spate of attacks in the Sulu Sea, in particular, the Sibutu Passage. The IFC reports that there were 33 incidents observed in the Sulu Sea over the last 12 months. Of these 33 incidents, 19 involved abductions. Most of the attacks have been directed at smaller boats, such as tugboats and fishing vessels. However, two large merchant ships have also been attacked. The IFC recommends the following measures be implemented while transiting in the affected area to mitigate the ...

Read More »

Togo accedes to two IMO treaties covering unlawful acts at sea and anti-fouling

The IMO has announced that Togo has acceded to two treaties dealing with unlawful acts against the safety of maritime navigation, and the control of harmful anti-fouling systems on ships. The SUA Convention was adopted to respond to unlawful acts against ships, such as the seizure of ships by force; acts of violence against persons on board ships; and the placing of devices on board a ship which are likely to destroy or damage it. The Convention allows boarding by State Parties and obliges Contracting Governments to either extradite or ...

Read More »

EU Parliament backs proposal to include shipping in CO2 reforms

The European Parliament has voted in favour of proposed reforms to including international shipping in the EU Emissions Trading System (ETS) from 2023. The ETS sets a cap on the total amount of greenhouse gases that can be emitted, which is reduced over time to lower total emissions. Within the cap, companies can then trade ‘emission allowances’ with one another. If at the end of each year, a company cannot surrender enough allowances to cover its emissions, heavy fines are imposed. Whilst the vote brings the ETS one step closer ...

Read More »

Maintaining confidentiality for communications with your attorney – comparing and contrasting American and English law

Gard assureds may face demands from regulators, authorities and claimants for data and documents following a casualty. Serious casualties will likely result in litigation or administrative action with exposure for large fines or civil judgments. The assured will require effective assistance of a lawyer to provide legal advice and, to provide it, the lawyer will require full and honest communication with his or her client. Confidentiality of their communication is firmly established in common law. When the representation involves a corporation, we find a significant difference between American and English ...

Read More »

Important update regarding the recoverability of costs under the ICA following the successful defence of a cargo claim

In the club’s previous web alert , we alerted members of a decision holding that the costs of successfully defending a cargo claim were not recoverable. While it was questioned by the club whether this was the true intention of the Inter-Club Agreement 1996 (“ICA”), it remained to be seen if this decision would be followed by other tribunals or the English courts. In an important update, the tribunal in London Arbitration 30/16 has declined to follow the decision in London Arbitration 10/15 and instead allowed the owners to recover ...

Read More »

GARD: Reinsurance arrangements for the 2017 policy year arranged through the International Group of P&I Clubs

Reinsurance arrangements for the 2017 policy year for P&I entries with Gard P. & I. (Bermuda) Ltd and Assuranceforeningen Gard – gjensidig – (hereinafter individually referred to as the “Association” and collectively as the “Associations”). Owner’s Entries The structure of the cover reinsured through the Pool is as follows: • Club retention: USD 10 million. • Pool retention: USD 90 million (in excess of USD 10 million) in two layers: − Lower Pool retention: USD 35 million (in excess of USD 10 million). − Upper Pool retention: USD 35 million ...

Read More »

Changes In Aproach By The Italian Ministry Of Health To Reimbursements For Crew Medical Expenses Abroad

The club has been made aware of a number of occasions where Italian crew, employed aboard Italian flagged vessels, received medical care outside of Italy and the Italian Ministry of Health has then rejected, or only partially reimbursed the shipowner, for the medical costs incurred. The guidelines for reimbursement were updated in 20 July 2016. This resulted in the Ministry of Health becoming increasingly stringent in the way it applies its criteria for reimbursement of a crew members’ medical costs incurred outside of Italy to shipowners. As a result, requests ...

Read More »

Third party funding of disputes in Singapore

On 10 January 2017, Singapore passed an amendment to the Civil Law Act to implement a framework allowing for third party funding in international disputes, in particular international commercial arbitration. This puts Singapore on the same footing as other major arbitral seats worldwide. The amendment will now provide alternative funding options for international commercial arbitrations and related proceedings, including those in the maritime sector. Such funding however will need to be provided by qualified third-party funders. Third party funding will for the moment only be permitted for international commercial arbitration. ...

Read More »

If I plan to undertake a charterparty with an unfamiliar entity, what steps can I take to ensure the charterer will pay their hire?

Due to the difficult conditions currently existing in the shipping market, particularly in the offshore sector, Members are increasingly contacting the Club regarding claims against Charterers for unpaid hire. Unfortunately, in some cases there is little prospect of successfully enforcing any judgment or award against Charterers, as they have few or no assets against which to enforce. In such a situation, the Club’s Legal Costs Cover, regardless of the strength of a Member’s claim against the charterer, is unlikely to respond as there is no realistic prospect of recovering the ...

Read More »

Major Report on Fatigue Released

Fatigue has long been identified as a factor in maritime accidents. It is most commonly associated with tiredness and extreme cases involve seafarers falling asleep on duty. But fatigue isn’t just about sleepiness. It affects concentration and work performance which in turn increases the risk of an accident. To better understand seafarer fatigue, Project MARTHA was set up in 2014. The research and surveys were carried out by a number of educational institutions from China, Denmark, Sweden and the UK and was supported by industry group InterManager. Four shipping companies ...

Read More »

US Executive Order On Immigration Suspended

Following legal challenges to the recent Executive Order issued by President Trump prohibiting entry into the US of citizens from certain countries (please see our News Item of for details), the Executive Order has been temporarily suspended. As this from our US attorneys Freehill, Hogan & Mahar makes clear, the situation is now in a considerable state of flux as further court actions are thought likely. For the moment the Executive Order is suspended and not being enforced, but Members will be kept advised of further developments. Source: West of ...

Read More »

North P&I Club Publishes New Guidance On Minimising Risk From Ro-Ro Fires

North P&I Club has published a new loss prevention briefing on how to prevent, detect and fight fires on roll-on-roll-off (ro-ro) vessels and car carriers. Such vessels are twice as likely to catch fire as other ships and vehicle-deck fires are notoriously difficult to contain and put out. The new 10-page briefing, which is free to download from the Club’s website, explains the risks of ro-ro and car carrier fires in detail. It then sets out a comprehensive series of recommendations covering training, maintenance, vigilance, reaction and procedures. Deputy loss ...

Read More »

New Singapore Mediation Act

Singapore has recently established a framework for international commercial mediation in its new Mediation Act 2016 (‘the Act’). The Act will apply to mediations conducted in whole or in part in Singapore or where the mediation agreement provides that Singapore law applies. Whilst one of the typical weaknesses of mediation is that it is difficult to enforce the mediated settlement should one of the parties renege on the agreement, a key feature of the Act is that parties have the option in some circumstances to have the mediated settlement agreement ...

Read More »

Introducing the CTRL benefit clause

In the recent article Cost reductions across Members’ operational landscape, the Club introduced its Members to the ‘CTRL benefit’ clause. Members of the Shipowners’ Club are able to take advantage of two hours’ free legal work each year for qualifying matters. CTRL deals with English law and can accept instructions in a wide variety of shipping matters, including contract review work and debt recovery, as well as the types of matters traditionally covered by Protection and Indemnity (P&I) or Legal Costs Cover (LCC). From 20 February 2017, Members will note ...

Read More »

Recent Videos

Hellenic Shipping News Worldwide Online Daily Newspaper on Hellenic and International Shipping