Newsletter 17 SEA VENTURE Residential Training Course for Members Oil Major Approvals “Free In Stowed” – Free of Risk? Beware Demurrage Time Bars and Documentation Arrest, Dangerous Cargo and Delays – Who Pays? What is Force Majeure? 3 2011 Renewal The Club concluded a successful renewal. Due to the strong financial position, the Board set a zero standard increase. Given the difficulties in the freight markets this was a very welcome relief to our hardpressed Members. Naturally, adjustments to ratings for individual Members were made depending on record. In the event, taking into account change of terms, there was an overall reduction in premium for owned P&I business of 0.69%. Premium overall has increased due to new business. At the renewal just excess of 3 million tons of new business joined the Club with approximately 600,000 tons deciding not to renew. Unfortunately, in addition the Club was not able to offer renewal terms to Iranian owned business due to political issues and international sanctions. This was a sadness to all concerned, the Members involved were longstanding, excellent Members and the Club fervently hopes that one day it will be possible to renew ties with the Iranian shipping community. There were notable new entries from Hong Kong, India, Italy, South Korea, Taiwan and the United States. We hope the new Members will be happy with the level of service they receive from the Club and that we will enjoy a long and mutually beneficial relationship. The world is experiencing a period of great uncertainty; added to the upheaval in the financial markets and the disjuncts in supply and demand within the shipping markets we now have the dramatic political events in the Middle East. Against this challenging background it is the aim of the Club to provide its Members with P&I insurance based on a strong resilient financial position and excellent levels of service. We wish all of our Members a successful and prosperous 2011. Gary Rynsard 16 March 2011 9 14 15 18 CONTENTS 4Delay – Who is Responsible? 4New Legislation for Cruise Ships Visiting U.S. Ports 5Residential Training Course for Members 5Recent Developments in Shore Excursion Liability 6 “ Free In Stowed ” – Free of Risk? 6Court of Appeal warns against Hasty Acceptance of Repudiatory Conduct 7Oil Major Approvals 7Voyage Data Recorders (VDR) – “CSI on the High Seas” 8Beware Demurrage Time Bars and Documentation 8Part 36 – What is the Effect of a Counter- Offer? 9Hazardous Conditions – Obligation to Notify Coast Guard 11Wind and Wave Action Not Inherent Vice 11Sanctions 12When No Means No – Arbitrator’s Jurisdiction 13Tendering N OR before Free Pratique Granted – Part 2, in cluding Demurrage Time Bars 13Arrest, Dangerous Cargo and Delays – Who Pays? 14Clarity of Drafting 14Sale Contract v Charterparty Readiness 15What is Force Majeure? 16Loss Prevention Publications 16Incoterms 2010 – What Has Changed? 18Without Prejudice – Admissibility of Exchanges as an Aid to Interpretation 18Anti-Suit Injunctions 19Anti-Technicality Clauses and Withdrawal – Exercise of Great Caution Revisited 19Port State Control – Top Ten Findings 2 EDITORIAL TEAM Naomi Cohen Malcolm Shelmerdine Paul Brewer Paul Amos 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