Sea Venture newsletter I I s s s s u u e e 9 9 Introduction ..........................................3 France - Owners’ Duty of Care to Cargo ......................................4 N aming of Ports and Safe Port Warranty - Recent Decisions ................................4 “Sea News” Wins APEX Award ............5 Economic Tort - Division Restored ........6 Loss Prevention Publications..................7 Italy - Delivery of Cargo Without Production of a Straight Bills of Lading 7 Due Diligence Obligation to Maintain. ........................8 Theft, Undeclared High Value Goods and CMR ........................8 LNGSeminar - Tehran ..........................9 Flat Racks on Deck Deviation and Club Cover....................9 Damages Following Late Redelivery The “Achilleas” Affirmed....................10 Crane Breakdowns - “Net Loss of Time” or “Period”?......................................10 Redelivery Notices - Good Faith and Reasonableness............................11 Deadfreight - a Surprise for Owners .......................................... 11 Germany - Detention of Car go for Trade Mark Violation ....................12 Misdelivery and Conversion Assessment of Damages ....................13 Delayed Issue of Bill of Lading For Whose Account? ..........................13 U.S. - Medical Malpractice Law ..........14 A ustralia - New Maritime Crew Visa ..........................................14 Hong Kong - Conflicting Decisions Resolved and More..............15 Dependency and Loss of Society in the Fifth Circuit ..............................16 Port Waste Reception Facilities European Commission Takes Action........................................16 SCOPIC..............................................17 Bunker Wars - The Burden of Proof Strikes Back!........................18 Dispute Resolution Clauses in Shipbuilding Contracts........................19 Jones Act - FELA Causation Standard 20 UCP 600 a Step Forward ....................21 Incorporation of Arbitration Clauses by General Words ................22 Intermediate Hold Cleaning Owners’ Duty......................................22 Steamship Mutual Website ................23 Contents 2 2 E E d d i i t t o o r r i i a a l l T T e e a a m m Sue Watkins Malcolm Shelmerdine Naomi Cohen Sea Venture is available in electronic format. If you would like to receive additional copies of this issue or future issues in electr onic format only please send your name and email address to s s e e a a v v e e n n t t u u r r e e @ @ s s i i m m s s l l . . c c o o m m . . Feedback and suggestions for futur e topics should also be sent to this address. The high level of claims encountered by all of the Clubs in the International Group in the 2006 year has been widely r eported and discussed. While the average value of claims i n the attritional layer has been increasing as a consequence of inflationary pressures, it was the frequency of high level claims in 2006 that was most eye catching. In such an environment, and with the c ontinuing growth of shipping activity, the importance of loss prevention cannot be overstated. Steamship Mutual has always attached great importance to loss prevention. In 1992 the Ship Safety Trust was e stablished by the Managers to promote safety at sea and to develop high quality loss prevention and training materials. Over the last fifteen years a comprehensive selection of onboard training programmes has been produced in association with Videotel Marine Internationa