Newsletter 18 SEA VENTURE “PIRACY – The Menace at Sea” How Heavy is a Feather? – Causation in Jones Act Seaman Cases Key Ruling in Deepwater Horizon Wrongful Arrest and War Risk Policies – Obligation to Sue and Labour Which Time Bar and What is Final Discharge? Laser Focus on Asset Recovery CONTENTS 4The Trouble with Retirement... 5Laser Focus on Asset Recovery – Pre and Post-Judgment Tools for the Maritime Industry 5Flag State or Littoral State – Which Jurisdiction? 6The Risk of LOIs 6How Heavy is a Feather? – The US Supreme Court and Causation in Jones Act Seaman Cases 7California – Criminal Enforcement of Local Air Pollution Standards Against Ships Curtailed 7LOF 2011 8Member Training Course 9Philippines – Additional Compensation under Collective Bargaining Agreements 9A Question of Authority 10“PIRACY – The Menace at Sea” 11Maritime London Officer Cadet Scholarship Scheme 12Strikes, Congestion and Delays – Whose Risk? 12Voluntariness in Salvage and Duty to Act 13EU – Rights of Passengers Travelling by Sea and Inland Waterways 13Key Ruling in Deepwater Horizon 14Wrongful Arrest and War Risks Policies – Obligation to Sue and Labour? 14Shipbuilding Dispute – a Refund for Buyers? 15NSF – What Certificates on Delivery? 15Which Time Bar and What is Final Discharge? 16U.S. – Waivers of Liability on Cruise Ships 16New Zealand – Time Charters Criminally Liable for Pollution 17Competing Causes – Agreeing the Risk of Delay 17Piracy – Is Cargo Lost? (Part II) 18Pollution Regulation Round-Up 19The International Convention on the Arrest of Ships 1999 19When is a Charterparty not a Charterparty? A Salutary Tale for Negotiating Parties 2 EDITORIAL TEAM Naomi Cohen Malcolm Shelmerdine Paul Amos Richard Allen 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 address. CONTACT For further information, please contact: Steamship Insurance Management Services Limited Aquatical House 39 Bell Lane London E1 7LU Telephone: +44 (0)20 7247 5490 and +44 (0)20 7895 8490 Website: www.simsl.com 5 6 7 8 3 As with any industry there will always be claims and disputes in shipping between contractual and noncontractual parties. In a downturn the frequency of claims and disputes, particularly at lower values, tends to increase as cash flow becomes more of an issue, whereas the number of claims overall might fall somewhat as the volumes of cargoes shipped reduce. Even if correct it does not necessarily follow that with falling numbers of claims the cost of claims will also fall. Parties in dispute are often less inclined to settle at reasonable levels and inflationary or other pressures can lead to higher value claims and settlements. We aim to provide an excellent level of service regardless of the number of claims or value of the disputes involving the Club’s Members. Sea Venture is one of the tools with which Steamship Mutual both provides that service and is able to demonstrate the depth of its expertise. Indeed, in this issue 18 of the 23 articles have been written by our claims handlers and the subjects covered are illustrative of the breadth and geographical spread of the claims and issues that confront the Club’s Members. We hope the content of this issue will be of interest and as ever we welcome any suggestions for topics to be