Robin sathaye

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Presentation On Maritime Risk Management Charterers Perspective At the invitation of

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Transcript of Robin sathaye

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Presentation

On

Maritime Risk Management Charterers Perspective

At the invitation of

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What are P&I Clubs

Mechanism by which shipowners insure each others liabilities

Managed by third party professionals

Run on a “non profit” basis

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Committee/Board of Directors

ManagersU/W, Accounts, Claims

Brokers

Members individually

Structure of a P&I Club

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P&I Clubs in existence today

• American Club• Gard Club• Skuld Club• Britannia Club• Japan Club• London Club

• North of England Club• Shipowner’s Club

• Standard Club• Steamship Mutual Club

• Swedish Club• UK Club• West of England

The International Group of P&I Clubs

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Charterers Liability Covers

What is it?

What types of risks are involved?• Class 1 (P&I)• Class 2 (FDD)• Damage to Hull (DTH)

How are these risks covered?

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Owners P&I Cover1. Protection and Indemnity (P&I)

Cargo Crew Fixed & Floating Objects Collision Wreck Removal Oil Pollution Fines, Penalties

2. Freight, Demurrage and Defense (FDD)

Legal expenses for non Class 1 / DTH matters

3. Damage to Hull of the chartered vessel (DTH)

Charterers P&I Cover

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P&I risks Cargo

• Directly to the receiver under the B/L• Charterers own B/L• “Carrier” in certain jurisdictions even if Owners B/L• Insolvency of the shipowner• Ineffective “identity of carrier” clause

• To the shipowner under the C/P• Inter Club Agreement (ICA) incorporated in C/P• Any other C/P provisions

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P&I risks

Personal Injury• To Ships crew due to stevedore negligence• To stevedores during cargo work• Ships crew or stevedores due to hazardous or

dangerous cargo• Consequential losses from unsafe port / berth• US jurisdiction - all pockets pay

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P&I risks

Oil Pollution• Unsafe port• “Operator of the vessel” pays• US jurisdiction - all pockets pay

Fines• Customs and other authorities in certain

jurisdictions

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P&I risks

General Average• freight / hire at risk• Time Charterers bunkers

Salvage • Charterers contribution to Salvage award

Legal Expenses

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FD & D risks

C/P disputes• Freight and laytime statements• Hire• Any other non Class 1 / DTH covered issue

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Damage to Hull (DTH)

Unsafe Port• Damage to ship• All other consequential losses

Contaminated Bunkers Stevedore damage Vessel damage caused by cargo eg.

dangerous cargo etc

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Some examples of Claims

Aegean Sea

Tasman Spirit

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End of presentation

Any questions?