INTERTANKO CONFERENCE Poseidon Challenge What we must do better in the future?

Ince & Co – International Maritime Lawyers Headquartered in London, 9 international offices with some 500 staff globally. Our ER team is represented in each of these offices which includes 14 mariners with significant tanker experience based world wide. An Ince Partner Colin de la Rue has co- written the leading text book on Environment – “Shipping and the Environment”. We have the busiest admiralty practice in the world – we receive 5 new casualty instructions every week. We have had a role in virtually every single major casualty since the Exxon Valdez. We are more than just lawyers – we offer a substantial contribution in practical Emergency Response.

Key Pollution Casualties Exxon Valdez- 1989, Alaska Braer , Off Shetland Islands Sea Empress , Milford Haven Erika , Off Britanny, France Prestige , Off La Coruna, Spain Hebei Spirit , Off Daesan, Korea

This Presentaion will cover: Quality improvements in the tanker market. Current trends in casualties & claims & Steps that can be taken in reducing these. Criminalisation in Shipping. Protecting yourself: Effective Emergency Response.

Quality Improvements in the tanker market

Improved ship design & technology – safer ships Fewer seafarers losing lives Less Pollution Safer ships Technological advances Improved International structural design regulations Improved Classification rules Double Hulls Have led to:

Pollution incidents on the decrease 1970’s 1980’s 1990’s 2000’s Time Pollution Incidents >700 t t MARPOL OPA90 ISM Code 1992 CLC fund convention 2003 Supplementary fund 2006 (voluntary) – STOPIA/TOPIA indemnity

Ship detentions on the decrease ISM STCW Building on MARPOL – Air pollution & amendments Ballast water management

Current trends in casualties & claims

P&I Claims

Reasons for this? Cargo: 87% from Contamination – Due mainly to: ● Tank cleaning errors ● Tank leakages ● Vapour transfer ● Equipment failure

The cases that we have witnessed point to: ● Loss of practical cargo knowledge ● Poor maintenance ● Human errors ● Reduced crew

Hull & Machinery Claims Feb 2009 – Collision off Dubai

Collisions & Groundings “Technical Skills” “Seamanship Skills”

Case study - Cosco Busan

Pacific Ocean N Golden Gate Bridge SFO/OAK Bay Bridge

Intended Passage As plotted by 2/0 259° from Inner Hrbr Entr. Ch 310° at WP 2 through Delta/Echo span Leaving “Delta” approx 80M to Port

Delta Echo

The Pilot was sufficiently unfamiliar with the ECDIS display to mistake the bridge buoy markers for being the center of the span. Buoys marking the Delta Tower Channel Buoys

Damaged Area Buoy

Alcatraz Island

Criminalisation

Prestige

Criminalisation Is responsible for: ● Prejudice / alienation against seafarers ● Reduced retention and recruitment of seafarers ● Costly and lengthy court actions ● Actions against shore staff Our response: A united front ● Hebei Spirit

Protecting yourself: Effective emergency response Have you got an Effective Emergency Response Plan?

Effective Response = Appropriate response An Emergency may appear to be a practical navigation or engineering matter. In reality only a part of the emergency (that matters to your survival) is a practical or engineering matter. Other significant aspects?

Effective Emergency Response - Why Bother? Loss of right to limit. Insurance cover at risk. Protect reputation, manage public perception. Risk of criminal prosecution. Impact on shares & Morale.

A key to a good emergency response is a careful selection of the emergency response team. Include your international maritime lawyer in the team. Effective Emergency Response – Who is the team?

A sample of the legal aspects an ERT should deal with: Accident Reports Notes of Protest Communications Legal Privilege ISM and TMSA requirements

We have taken Unfair Criminalisation cases to the European Parliament and sued Governments at the ECHR We provide Loss Prevention advice to Owners & Insurers, including the 13 IG P&I Clubs when appropriate We encourage Clients to share lessons learnt with others – eg other ships in their own fleet & the IMO through the Flag State What are Ince doing to assist the Shipping Industry?

Be part of an Owner’s Emergency Response Plan Drills Sea & Office Staff Seminars Review of SMS Guidelines Paper Trail Guidance – e.g. Dealing with ISM Non Conformities Ince Pre Casualty Preparation