Sea Venture newsletter Issue 11 Introduction....................................3 Realising India’s Maritime Potential ......................................4 Loss Prevention ............................4 California - On Off Enforcement of CARB Regulation ....................5 Profit Sharing Agreements in Long-Term Time Charters..............6 US Cruise Lines - Forum Selection Clauses ..........................7 Thailand - Developments in Maritime Law............................7 Cargo Hold Fatality ......................8 Time Charterers and Third Party Liabilities ....................9 Dogs that Didn’t Bark -The “Achilleas”..........................9 US COGSA - What Constitutes a Package? ................................10 China - Delivery Without Bills of Lading....................................11 UNCITRAL - International Carriage of Goods Wholly or Partly by Sea ..........................12 Named Ports, Safe Ports and Deadfreight..........................13 UK - Corporate Manslaughter ....14 US COGSA - Liability for Dangerous Goods ......................14 Sale of Goods - Jurisdiction Issues under EU Regulations ......15 Japan - New OPRC-HNS Regulations ................................16 US Ports - Conditions of Entry ......17 Australia - Tug Liability Under UK Standard Conditions for Towage ................................18 Collision - Damages for Loss of Fixture ................................19 Peril of Sea Defence - Alive and Well in United States Fifth Circuit ..........20 Oil Spills During Routine Bunkering Operations ................21 China - Recent Amendments to Civil Procedure Law ....................22 Recent Publications ....................23 Contents 2 Editorial Team Sue Watkins Naomi Cohen Malcolm Shelmerdine Sea Venture is available in electronic format. If you would like to receive additional copies of this issue or future issues in electronic format only please send your name and email address to seaventure@simsl.com. Feedback and suggestions for future topics should also be sent to this addr ess. The immediate background to the 2008 renewal was another high claims year in 2007, following 2006 which was an historically high claims year for claims on the International Group Pool. Fortunately the Club’s Board read the signs early, decided to increase premiums and set a 9% standard increase at the 2007 renewal. This enabled the Board to set a standard increase of 15% for the 2008 renewal, lower than some of the other International Group Clubs. Naturally Members never like to see premium increases but there is a general understanding that the current vibrant shipping market andthe attendant high level of claims inevitably requires higher premiums. A premium increase of 13%, inclusive of change of terms, was achieved on renewing business. The Board believes that this is an appropriate response to the current circumstances. Going forward it is difficult to predict anything other than a continuation of the current level of claims whilst the shipping markets remain strong, the fleet continues to expand and the demand/supply equation for experienced, competent crew remains under stress. Premium rates will have to reflect the level of claims. More than ever the onus is on the Club to ensure that Members are treated fairly. Members are entitled to know exactly how their premium is calculated and how the costs of claims and reinsurances are allocated. Transparency allied to a considered approach to risk retention should en