Chloe Townley, Senior Account Executive at ITIC, has an insightful conversation with Lucy Goff, a Senior Associate in the LA Marine team at Lester Aldridge. Lucy shares valuable guidance on what marine surveyors need to consider while drafting their reports.
Lucy suggests that for writing damage or investigation reports, surveyors should gather ample information and store related documentation securely. Also, note all sources while drafting reports and remain impartial to your reported findings, as it is crucial should there be any future legal disputes.
Ayşegül Wallis, Account Executive at ITIC, spoke with Ester Toumpouris, Partner at Ince in Cyprus, about the “Ocean Victory” Bulk Carrier, which lost steerage and subsequently grounded. The crew were safely evacuated from the vessel before she broke apart. This was followed by the court case in 2006 regarding a breach of the safe port obligation warranty.
Even though The Ocean Victory is a case concerning safe port obligation, the Supreme Court thought that the co-assurance clause is equally essential. Due to the co-assurance provisions, the subrogated insurers were not entitled to claim against the demise charterer. In this episode, Ester sheds light on co-assurance and the relevant BIMCO co-assurance clause.
This episode of ITIC Insight focuses on marine surveyors based in Australia. Robert Sniffen, Underwriting Director at ITIC, speaks with Chris Sacré, Partner at Hall & Wilcox in Sydney, Australia. ITIC has handled many marine surveying claims over the years and is offering a guide on what surveyors should look for to ensure terms and conditions are correctly worded. In this episode, ITIC concentrates on Australian jurisdiction and surveyors. Chris provides insight into which main clauses and conditions an Australian marine surveyor should always include in contracts and how to identify any shortfalls.
In this episode of ITIC Insight, Ayşegül Wallis, Account Executive at ITIC, spoke with Ester Toumpouris, Partner at the international legal and professional services firm Ince in Cyprus, regarding the BIMCO "Shipman" contract. Considering the BIMCO Shipman and Crewman contracts, Ester provides information regarding the manager's liability for crew negligence.
The contract is widely used and also recommended by ITIC as a balanced contract between the interests of the manager and the shipowner. Ester gives insight into claims made against ship and crew managers that have arisen purely from the crew's negligence. However, Ester says, P&I or hull insurers should cover claims arising from crew negligence. They are not the responsibility of the supplier of the crew, namely the ship or crew manager. If an error (by a fully certified and qualified chief engineer) causes damage to a main engine, the claim should fall against the hull and machinery underwriters. The fact that the chief engineer made a mistake does not mean the ship or crew manager had been negligent. The manager is exempt from any crew negligence even if their actions were negligent unless the manager is negligent in supplying the crew.
In this episode of ITIC Insight, ITIC's Marketing Director, Emma Leworthy, interviews Claims Director Mark Brattman regarding recent claims published in the Claims Review, of which Mark is also the Editor. The Claims Review is a series of case studies that have been paid by ITIC or where assistance has been rendered.
Mark provides invaluable insight into recent claims and pitfalls that members should be aware of, which may occur in their businesses. The Claims Review is published twice a year. To read the series of case studies published in issue 48, please visit the ITIC website.
Tom Irving, ITIC’s CEO, sits down with Jeff Woyda, the newly appointed Chairman of ITIC. Jeff is currently the CFO and COO at Clarksons, which provides advisory services to the maritime sector, including shipbroking, research, finance and green-driven services. He also boasts an impressive resume in the regulatory sector. In this episode, Jeff shares his insights on some issues and opportunities facing brokers today amid challenging market conditions, from sanctions and price caps to the dark fleet. He also talks about the importance of technology and training for ITIC members.
The digitisation of bills of lading has been a hot topic for years. Since this episode was recorded, the final report of the Law Commission of England and Wales together with draft legislation, entitled “electronic trade documents” has been published. ITIC's Account Executive Aysegul Wallis joins Claims Director Mark Brattman to discuss the benefits and challenges of electronic bills of lading compared to traditional paper bills of lading. They also discuss how ITIC members, particularly ship agents, are affected by the vast number of electronic systems that are currently in play and how it is hoped a single system could benefit all members.
ITIC's Claims Director Mark Brattman and Marketing Director Emma Leworthy highlight some of the claims from the recently published Claims Review 46. This publication provides a selection of marine cases recently handled by ITIC and offers relevant guidance and instruction to help members avoid similar pitfalls. Mark and Emma are also joined by ITIC’s newest account executive Aysegul Wallis to discuss her career.
ITIC's Melanie Daglish takes to the microphone to speak with Hispania P&I Correspondents founders James McKinnell and Rosana Velasco. Hispania offers the full range of P&I Correspondents’ and claims handling services throughout the whole of Spain, and they discuss with Melanie the recent claims being seen in the region. James and Rosana also talk through the effects of the conflict in Ukraine, sanctions on Russia and ship agents involved in Covid-19 crisis claims.
NB. Please be aware that the speakers on this podcast are speaking in both Spanish and English.
ITIC's Commercial Director Charlotte Kirk is joined by Ester Toumpouris, a Partner at Ince & Co, for ITIC's podcast to provide some background for ship managers on amending clauses in contracts particularly with respect to arbitration and jurisdiction. Ship managers should be very careful with any amendments to these aspects of the BIMCO Shipman and Crewman agreements and Ester and Charlotte offer insight on how best to approach and manage this activity.
In this special podcast, Geraldine Koon, Senior Claims Executive at ITIC, and Alexander Brandt, Counsel and lead member of the sanctions practice at Reed Smith LLP, discuss the sanctions landscape, which is even more relevant in light of the current sanctions against Russia. Ship agents and shipbrokers should not miss this highly informative podcast offering insight into the importance of having proper systems in place for checking and knowing your clients and transactions, possible consequences of sanction breaches and the potential challenges.
Given the unprecedented nature of the current situation in Ukraine and the complex nature of sanctions being imposed on Russia, ITIC’s Robert Hodge and Julian Clark, Global Senior Partner at Ince, discuss the force majeure clause and its implications as well as the important role ship management companies can play in navigating these challenging issues.
ITIC's Mark Brattman, Claims Director and Legal Advisor, and Geraldine Koon, Senior Claims Executive, take to the microphone to talk about terms and conditions in contracts and the importance of them. Mark and Geraldine discuss how important it is to incorporate terms and conditions into all business dealings, offering advice on how best to do this and how to minimise any potential risk.
Since Brexit, the numerous rules, regulations and procedures imposed on the import and export of goods between Europe and the UK has caused significant confusion. Casper Shipping’s Director, Nikki Sayer, and ITIC Account Executive Antonios Vrygiotis discuss how best to navigate the new requirements and provide their insight on best practices to avoid disruption or delay.
In ITIC's second podcast of 2022 ITIC Claims Director Mark Brattman is joined by Alexander Sandiforth, a partner at Reed Smith law firm, to talk about one of the most searched terms on the ITIC website ‘switch bills of lading’. The practice of switch bills of lading is increasing, and Mark and Alexander discuss the challenges, potential problems and risks that can arise from this practice.
Kicking off 2022 ITIC's Robert Sniffen chats with Erik Johnston, Project Manager at Robert Allan Ltd, about the interesting discipline of naval architecture. Robert and Erik discuss the innovation behind designing vessels, touching on the first methanol-fuelled crew transfer vessel that is being designed by Robert Allan Ltd, decarbonisation and the offshore industry.
In ITIC's latest podcast Robert Hodge, Director, and Julian Clark, Global Senior Partner at Ince, join forces for the second time to talk about IMO 2021 and the ship manager’s responsibility for carrying out cyber audits. Robert and Julian took part in an ITIC webinar on IMO 2021 earlier this year and now discuss the impacts of IMO 2021 on shipping and ship managers in particular.
In our first ever podcast covering the aviation industry, ITIC’s Melanie Daglish and guest Alan Phelan, Chief Executive Officer of the APTN (Aircraft Professional’s Technical Network), talk about the APTN, the pandemic and the importance of CPD training.
Join ITIC's Claims Director Mark Brattman and Marketing Director Emma Leworthy as they chat about the latest Claims Review 45. This bi-annual publication provides a selection of marine cases recently handled by ITIC and offers relevant guidance and instruction to help members avoid similar pitfalls.
Join ITIC’s Robert Sniffen as he speaks with new CEO Tom Irving. Robert and Tom discuss Tom's history with ITIC, looking at some interesting cases, his plans for ITIC going forward, as well as gaining more insight into Tom's favourite foods, travel destinations, movies and music.