Marine Claims International Day One: 28 th September 2022
The Grand Hotel Malahide
All times are in British Summer Time (BST)
08.30-09.00 |
Registration and Refreshments sponsored by Kennedys |
09.00-09.02 |
Welcome Address |
Presenter: Grant Attwell , Director, Cannon Events |
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09.02-09.30
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Keynote Address: Putting the S into ESG |
ESG is not all about climate change and the environment and there is growing realisation that the shipping industry must pay as much attention to the S for Social. Covid-19 taught the sector the importance of looking after crew, something that has come to the fore once more in Ukraine. This session considers recent claims related to crew and how the industry can do more to look after its most important asset: its people. |
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Presenter: Christen Guddal , Chief Claims Officer, Gard AS |
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09.30-10.15
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Panel Discussion: Like Waiting on London Buses |
Supply chain problems have been increasing for the past couple of years, initially as a result of the Covid-19 lockdowns. However, the Ukraine war has thrown global supply chains into further chaos, while Covid-19 still presents some challenges. This session delves into the way in which supply chain disruptions are fuelling the spiralling cost of claims and asks whether insurers are reserving sufficiently for those extra costs. |
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Moderator: Nick Burgess , Partner, BDM Law Panellists: Lorenzo Lonoce , Managing Partner, Rely Marine&Energy Experts Andrew Pike , Head of Ports, Transport and Logistics, Bowmans Frederick (Billy) Swaim III , Partner, Galloway, Johnson, Tompkins, Burr & Smith |
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10.15-10.45 |
Bunker Chat: Live from Odesa |
We chat to Arthur Nitsevych, a marine lawyer working in Odesa, about the challenges facing the shipping sector in Ukraine since the Russian invasion and how the marine market is adapting to a life at war. |
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Participants: Arthur Nitsevych , Partner, Interlegal Gavin Fizmaurice , Partner, Webber Wentzel |
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10.45-11.15 |
Networking Break sponsored by Cavus & Coskunsu Law Firm |
11.15-12.00 |
Panel Discussion: Ukraine: A Systemic Shock, But What of the Claims? |
Since war broke out in Ukraine, the shipping industry has been in a state of flux. This session takes a look at the latest position, including the question of whether this is actually a war, but also considers the environmental impact of such a systemic shock. We also discuss the possibility of claims on any of the 96 vessels still in or around Ukrainian ports. Other considerations will include evacuation claims and unsafe port claims. |
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Moderator: Caglar Coskunsu , Partner, Cavus & Coskunsu Law Firm Panellists: Herman Steen , Partner, Wikborg Rein LLP David Richards , Director (Claims), North P&I Club |
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12.00-12.50 |
Panel Discussion: Sanctions – Can it be Business as Usual? |
After the sudden wave of US and European sanctions against Russia, this session will delve into how these sanctions have worked and ask whether imposing so many different rules so quickly has led to any claims hitting the marine market. We place some focus on the yacht sector, not just at the risks around seized yachts, but also the impact on ship building yards. |
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Moderator: Chris Zavos , Partner, Kennedys Panellists: George M Chalos , Principal and Founder, Chalos & Co – International Law Firm John Butler , Partner, Wikborg Rein LLP James Rose , Managing Associate, Ince Neil Roberts , Head of Marine and Aviation, Lloyd’s Market Association |
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12.50-13.50 |
Lunch Break and Networking sponsored by Ince |
13.50-14.20 |
Presentation: What is the ‘China Effect’? |
This session considers the growing influence of Chinese salvors across the world, and in Asian waters in particular. We ask how wreck removal is changing as more Chinese operators start to ply their trade and what impact might that have on the global market, and on costs for insurers. |
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Presenter: Daniel Dettor , General Manager, Resolve Marine |
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14.20-15.05 |
Panel Discussion: Fire! Fire! Claims Mount Up |
The number of fire incidents on board vessels continues to climb and the industry has yet to find a workable solution to the problem. Lithium batteries have been identified as a potential risk, but plenty of chemicals are still causing fires. What can be done to reduce the risks and, ultimately, the claims? |
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Moderator: Ulf Lixfeld , Managing Director, OWL Marine Insurance Brokers Panellists: John Dolan , Deputy Director of Loss Prevention, Standard Club John Gow , Technical Director Marine, Jensen Hughes Ton van den Broek , Technical Sales Consultant, BELFOR Technology (Nederland) BV Adrian Scales , Head of Nautical, Brookes Bell |
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15.05-15.20 |
Networking Break sponsored by Cavus & Coskunsu Law Firm |
15.20-15.50 |
Presentation: Where are the Hull Claims? |
Insurers are reporting a dearth of hull claims reaching the market currently. This session asks whether that is because owners have improved their risk management in the face of higher premiums or is it the high demand for vessels and record freight rates which is keeping them out of the repair yards – and is there a risk of a surge in claims the moment the market dips once again? |
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Presenter: Francesco Zolezzi , Claims Manager, CR International |
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15.50-16.20 |
Presentation: Article 13, Now and in the Future |
The session explores how article 13 has developed over time and how it may develop in the future. |
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Presenter: Wilco Alberda , Commercial and Claims Manager, SMIT Salvage |
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16.20-16.50 |
Presentation: Up, Up and Away |
Claims costs are continuing to spiral, fuelled by costs emerging from the US. This session explores whether or not that social inflation is reaching this side of the pond and whether other factors are also likely to play into those rapidly increasing costs. |
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Presenter: Aaron Greenbaum , Partner, PJGG Law |
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16.50-17.30 |
Case Study Session: A Look Back in Time |
This session takes the case studies of two major losses that still resonate through the claims community today. First, we will look at the Ever Given , discussing the final consequences for the market from both a hull and cargo perspective, and ask what lessons there are for the future. Then, we will go further back in time to discuss the Costa Concordia and the way it has shaped today’s global salvage market, including its impact on costs. |
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Moderator: Simon Jackson , Partner, Clyde & Co LLP Alan McKinnon , Chief Claims Officer, UK P&I Club Phil Reed , Managing Director, Reed Maritime |
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17.30 |
Close of Conference Day One |
WORKSHOP SESSIONS: Wednesday 28 th September – Graham Bell Suite Level -1
10.15-11.00
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Presentation: Can A Headline-Making Judgment Be Avoided in U.S. Courts? |
U.S. lawyers consistently advise that U.S. juries are unpredictable and that a trial in some jurisdictions should be avoided at all costs. But with what seems to be an increasing trend towards massive judgments, is there any way to avoid a significant pay-out in U.S. courts? This presentation takes a deep dive into some of these recent headline-making judgments and explores ways to avoid being on the wrong end of one such judgment. |
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Presenter: Laura Gongaware , Senior Associate, Clyde & Co LLP |
12.00-12.50
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Presentation: ESG Costs – Do We Need to Consider Sustainability Principles in Casualty Management? |
Despite the multiple challenges associated with defining, developing and implementing measurable objectives, there is no doubt that sustainability has jumped up the agenda in maritime, most notably as relates to carbon emissions and energy management. With this all-encompassing effort, is it necessary or appropriate to formally integrate sustainability principles into casualty management? In these times of global uncertainty, wouldn’t this complicate matters in an industry already being tested, causing even greater bureaucracy and elevated costs without improving environmental and socioeconomic outcomes? According to the 2022 Allianz safety review, ESG factors are one of the main drivers of spiralling costs and financial uncertainties in large and complex casualties. It is unclear whether these spiralling costs are generally justified; do they reflect better and more sophisticated mitigation and avoidance of environmental and socioeconomic impacts in response to ever higher standards and expectations? Or do the costs reflect reactive responses to issues we have not fully adapted to anticipate nor developed tools to proactively manage? Please join us for this workshop session. Potential drivers for spiralling ESG costs will be discussed. Scenarios where the most expensive solutions do not actually result in the best outcomes for people and the environment. Sustainability concepts and tools as they might apply to casualty management will be introduced. Participants’ views on the subject will be sought in the form of a brief questionnaire. Driven by conversations with various people and experiences from multiple cases, the intent is to have the initial conversation and hopefully capture cross-disciplinary perspectives on the matter to understand whether it requires more attention. Results and observations will be published in the next issue of The Marine Insurer. |
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Presenter: Nicky Cariglia , Director/Independent Consultant, Marittima Ltd |
15.20-15.50
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Presentation: A Move to Maritime Decarbonisation – EEXI and CII IMO 2023 and Beyond |
The International Maritime Organization (IMO) has set ambitious decarbonisation targets for the shipping industry and the key dates for compliance are edging closer. Following on from COP26, targets were set for a 40% reduction in methane by 2030 with an urgent need to decarbonise. This workshop will look at the gradual shift towards maritime decarbonisation, identifying the current regulations outlined by the IMO – EEXI and CII 2023 regulations, what this means for the industry, the alternative fuels currently available and how to prepare for the changes. |
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Presenter: Kenneth English , Consultant Marine Engineer, Waves Group |
16.20-16.50
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Presentation: Electronic Bills of Lading – What is the Future? |
The potential positive impacts of using electronic bills of lading are vast, yet the vast majority of trade remains paper based. Will legislative change now pave the way for widespread adoption of electronic bills of lading? Are there other barriers to overcome? |
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Presenter: Camilla Slater , Group Secretariat Member , International Group of P&I Clubs |
Marine Claims International Day Two: 29 th September 2022
All times are in British Summer Time (BST)
08.30-09.00 |
Registration and Refreshments sponsored by Kennedys |
09.00-09.02 |
Welcome Address |
Grant Attwell , Director, Cannon Events |
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09.02-09.30
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Presentation: Testing Times for Bunker Fuels |
Recently there have been a number of claims resulting from bunker contamination in Singapore, with vessels reporting bunkers contaminated with organic chlorides. This session looks at where the problem may have stemmed from and asks what the practical implications could be in bringing claims. |
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Presenter: John Poulson , Director and Chief Surveyor, Poulson Marine Consultants |
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09.30-10.15
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Panel Discussion: What’s in the Box? |
In recent years, the marine market has escaped any major pollution incidents redefining the global regulations. So, in this session, we talk about fears for the future and in particular, about the real risk of pollution from nurdles. We discuss what can be done from a regulatory point of view and how the market should be adapting. |
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Moderator: John Giffin , Partner, Keesal, Young & Logan Panellists: Stephane Grenon , Principal, Triox Environmental Emergencies Capt. John Owen , Director, Bernicia Marine Consultants Limited Neale Rodrigues , Master Mariner, Group Director – Insurance Services, TMC Marine |
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10.15-11.15
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Panel Discussion: Can the Way We Use Technology be Relied On? |
The means by which seafarers plan voyages and navigate their ships has evolved significantly in the last 20 years with the introduction of electronic charts (ECDIS). A recent MAIB study identified a number of casualties where the improper use of ECDIS was an operating cause, but deficient passage plans created on ECDIS may also have a bearing on whether a vessel can be considered seaworthy. In this session, our panel will discuss the merits of ECDIS as a navigation tool, why it’s improper use is giving rise to casualties and how we can improve the safety of navigation with ECDIS. |
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Moderator: Donal Keaney , Senior Marine Manager, Ince Panellists: Ian Teare , Partner, Hill Dickinson LLP Peter A. McLauchlan , Managing Partner, The McLauchlan Law Group Jim Clark , Associate Director, MatthewsDaniel |
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11.15-11.45 |
Networking Break sponsored by Cavus & Coskunsu Law Firm |
11.45-12.15
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Presentation: Trending Issues in Hull and Cargo Insurance |
Recently, there have been a number of court decisions which apply traditional marine insurance legal principles to hull and cargo claims arising in a changing world. This talk considers those court decisions, with a view to testing the legal principles and to looking to the future development of the law. |
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Presenters: Peter MacDonald Eggers QC, Barrister, 7 King’s Bench Walk Sandra Healy , Barrister, 7 King’s Bench Walk |
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12.15-13.00 |
Panel Discussion: Why Does the Market Want Lloyd’s Salvage Arbitration? |
After Lloyd’s decided not to cancel its Salvage Arbitration branch last year, the question for the market is: why do you want it? This session looks at recent work done by Lloyd’s to establish what happens next, and also includes a look at why the market was so determined to keep the service. It will also include a look at LOF in its current form and asks whether that remains fit for purpose. |
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Moderator: Victor Fenwick , Legal Director, HFW Panellists: Ben Harris , Head of Claims – London Branch, Shipowners’ Club Nick Coleman , Senior Claims Executive, Gard AS Kevin Clarke , Manager – Market Engagement, Market Oversight and Delivery, Lloyd’s of London Kerime Huseyin , Senior Claims Executive, TT Club |
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13.00-13.30
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Presentation (Under 35’s): Training the Next Generation of Experts: A Future Problem? |
With more people working from home and spending less time in the office and Lloyd’s, younger professional are finding they have less time learning face to face. It needs to be recognised that, despite the post-pandemic environment providing a lot of benefits, there are several challenges that also come with it. I will therefore plan to explore these in this presentation, and question if there’s anything that can be done to resume the training and development of the next generation of marine insurance experts. |
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Presenter: Rob King , Senior Associate, Clyde & Co LLP |
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13.30-15.00 |
Luncheon sponsored by Ince and Close of Conference |
WORKSHOP SESSION: Thursday 29 th September – Graham Bell Suite Level -1
11.45-12.15
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Presentation: Reducing Emergency Response and Wreck Removal Costs |
Salvage costs are for underwriters and ship owners a burden which is normally not accounted for. Salvage costs have also significantly increased due to environmental considerations, and international and local authorities have intensified their demand to remove pollutants and wrecks. Technology has pushed the boundaries of what is feasible. Vessels have grown in size, too. The rising cost of wreck removal to insurers and reinsurers is inevitably passed on to ship owners, pushing up their operating costs in turn. It is therefore in all stakeholders’ interests to improve the management of emergency response and wreck removal. The increasing salvage costs is an important issue for all involved and this session will provide a better insight into cost reductions, without jeopardizing operating standards. |
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Presenter: Henk Smith , Owner/Director, Marine Masters |