1. SAIMI CONFERENCE ON MLC 2006 15/16 AUGUST 2017
The Role of the Protection & Indemnity Clubs
to Shipowners’ obligations under MLC 2006
Presentation by Johan Swart, Johan Swart Attorneys
16 August 2017

2. SAIMI CONFERENCE ON MLC 2006 15/16 AUGUST 2017 (continued)
The history of the early creation of the P&I Clubs
(19th century)
Separation from traditional Hull & Machinery insurers
Extension of covers provided by P&I
(1855 to the present)

3. SAIMI CONFERENCE ON MLC 2006 15/16 AUGUST 2017 (continued)
The legal structure of P&I Clubs
Mutuality vs fixed premium underwriter
Structure of layers of cover
The risk of an overspill claim
The growing emergence of the fixed premium market

4. SAIMI CONFERENCE ON MLC 2006 15/16 AUGUST 2017 (continued)
Types of cover :
Injury, disablement or death of crew
Passengers and third parties
Pollution
Fixed and floating objects (FFO’s)
RDC (Collision)
Cargo
General Average
Wreck Removal
Fires / penalties
Marine Courts of Enquiry
Freight, Demurrage and Defence
War Risks
Omnibus Rule

5. SAIMI CONFERENCE ON MLC 2006 15/16 AUGUST 2017 (continued)
Traditional cover in respect of crew provided by P&I Clubs (pre 2013):
Injury
Illness (including cumulative trauma)
Disability
Death
Repatriation / substitution
Funeral and related costs
Loss of effects/property

6. SAIMI CONFERENCE ON MLC 2006 15/16 AUGUST 2017 (continued)
P&I Clubs’ response to MLC 2013
The “pay to be paid” rule
Providing cover in respect of Standard A 2.5 and Regulation 4.2
The 18 January 2017 extension (Regulation 2.5 / Standard A / Guideline B 2.5 and Reg 4.2 / Standard A 4.2 / Guideline B 4.2)
The P&I Clubs’ response

7. SAIMI CONFERENCE ON MLC 2006 15/16 AUGUST 2017 (continued)
The position of the seafarer recruitment and placement service (SRPS) providers
The accreditation by SAMSA
The form (and availability of financial security) for SPPS’s

8. SAIMI CONFERENCE ON MLC 2006 15/16 AUGUST 2017 (continued)
Thank you for your time