Marine Claims International 2024
All times are in British Summer Time (BST)
Opening Drinks Reception: 25th September 2024 – 18:00-late at
Gibney’s of Malahide
Conference Day One: 26th September 2024
08.30-08.55 |
Registration and Refreshments |
08.55-09.00 |
Welcome Address |
Presenter: Grant Attwell, Events Director, Cannon Events |
|
09.00-09.40
|
Panel Discussion: Geopolitics Adding Costs to Marine Claims? |
With the Houthis effectively closing the Suez Canal and the continuing battles between Russia and Ukraine, traditional trading routes have been upended. But what has been the impact on marine claims? Are there extra costs emerging from transiting around the Cape where there are few repair yards and reduced salvage support? Is it even possible to organise salvage in the Red Sea? |
|
Moderator: Dharshini Bandara, Barrister, Fleet Hamburg Panellists: Marie Kelly, Vice President Defence – London, Gard Steven Knaggs, Senior Claims Manager, West of England P&I Club Evgeniy Sukachev, Senior Partner, Black Sea Law Company |
|
09.40-10.00 |
Presentation: Vessel Arrests and Attachments in the United States – A Means to Obtain Jurisdiction and/or to Enforce Foreign Arbitral Awards and Judgments |
Maritime actors with no clear connection to the US routinely find themselves embroiled in US Federal Court litigation and subject to the Court’s in rem and/or quasi in rem jurisdiction both for substantive merit-based determinations and/or enforcement of foreign arbitral awards and judgments. How can an aggrieved creditor take advantage of this remedy? How to obtain pre-judgment security for a maritime claim pending elsewhere in the world? What to do to release your property from seizure without conceding personal jurisdiction? |
|
Presenter: George M. Chalos, Principal and Founder, Chalos & Co. P.C., – International Law Firm |
|
10.00-10.20 |
Presentation: Characteristics and Experiences from Claims Handling in the Wake of the Red Sea Attacks |
This session will focus on the on the various experiences DNK have had when looking for a port of refuge, forwarding of cargo, general average, repairs and care for the crew. |
|
Presenter: Anders Hovelsrud, Insurance Director, Den Norske Krigsforsikring for Skib (DNK) |
|
10.20-10.50 |
Case Study: The DALI Salvage |
Examining the unique technical challenges posed and how the response is viewed through the OPA-90/ USCG Incident Command System |
|
Daniel Dettor, Director of Business Development, Resolve Marine |
|
10.50-11.20 |
Networking Break |
11.20-11.40 |
Presentation: GA and The Star Antares. What Comes Next? |
The English Court’s decision in The Star Antares regarding the applicable version of the York-Antwerp Rules upset the expectations of many. Problems with timebars ensued. But was this the last word or will the decision be relitigated? After The Longchamp and The Star Antares, what other issues in general average are ripe for review? |
|
Presenter: Richard Sarll, Barrister, 7 King’s Bench Walk |
|
11.40-12.00 |
Presentation: Win-Win or Lose-Lose? |
In this session we explore the Win-Win case and discuss the implications for marine claims going forward. Why did this vessel become a complete total loss? We review the case and the implications going forward. |
|
Presenter: Jonathan Evans, Partner, Kennedys |
|
12.00-12.20 |
Case Study: FMG Sydney/MSC Apollo Collision Judgment/Case Study |
The High Court decision in FMG Sydney v MSC Apollo [2023] EWHC 328 (Admlty) generated headlines in social media articles like “High Court paves the way for 100% apportionment of liability in crossing situation”. Ian Teare and Peter Thornton unpack the case in detail, discuss whether the judgment had the effect some may have thought and share some insights on related aspects such as the value of all forms of VDR data in making good allegations of breaches of the Colregs. They also discuss the interpretation/application of the Head On Rule which arose in this case. |
|
Presenters: Ian Teare, Partner, Hill Dickinson Peter Thornton, Senior Associate, Hill Dickinson |
|
12.20-13.10 |
Panel Discussion: Actions, Not Words, on LOF |
The debate on LOF has lasted years. The question is whether this is finally time for actions, not words. What is needed to change the dial? With a new clause being produced by the LMA, we explore what is needed to make practical changes that work for the industry. |
|
Moderator: George Tsavliris, Principal, Tsavliris Salvage Group Panellists: Melis Otmar, Executive Director – Head of Marine Claims London, Howden Eftychia Tsakou, Vice President Claims, Norwegian Hull Club Andrew Chamberlain, Partner, HFW Eline Muller, Co-Owner, Multraship Towage & Salvage Ben Harris, Head of Claims, The Shipowners’ Club |
|
13.10-14.10 |
Lunch Break and Networking |
14.10-15.00 |
Role Play: How Claims Really Play Out |
In this session, we take a fictitious case study and encourage the audience to get involved in the arguments for and against settling the claim. We will hear from an insurer, broker, loss adjuster and lawyer, all arguing the case, before the audience makes up its mind on whether to pay out or not. |
|
Participants: Simon Jackson, Partner, Clyde & Co Matthew de Plater, Claims Director – Americas, U.K & Ireland, NorthStandard Max Barker, Claims Handler, CR International Jim Clark, Associate Director, MatthewsDaniel |
|
15.00-15.20 |
Presentation: Casualties, Limitation of Liability and Finding the Right Forum for You |
The English Court takes the view that liability proceedings and limitation proceedings do not need to be held in the same forum. In this session, we discuss the considerations for selecting the forum for limiting liability after a major casualty. |
|
Presenter: Faz Peermohamed, Partner, Stann Law Limited |
|
15.20-15.40 |
Presentation: Getting the Better of Corrosion |
Dr Philippa Moore of Hawkins presents an overview of corrosion on vessels and how this impacts the shipping industry. She discusses hull and machinery issues in addition to the corrosion of steel cargo, and gives examples of how best to handle these matters within the remit of a forensic investigation on behalf of P&I and lawyers. |
|
Presenter: Dr. Philippa Moore, Associate, Hawkins & Associates |
|
15.40-16.00 |
Networking Break |
16.00-16.20 |
Presentation: Germany – A Choice of Jurisdictions |
Germany is a really important marine market with a spate of claims on hull and machinery and war risks policies. War risks claims in particular are often placed on ‘hybrid’ terms with a mix of more than one governing law applying to different parts of the policy. This gives rise to challenges for claims teams in dealing with multiple governing laws being applied by the German courts. Our session will hear how to navigate these challenges and why there is nothing to fear (and often many advantages) in resolving such claims in Germany. |
|
Participants: Dr. Stefan Ullrich, Partner, Clyde & Co |
|
16.20-16.40 |
Presentation: US – Are Limits High Enough to Cope? |
With claims in the US being so costly, this session will explore whether the limits on liability are sufficient, or whether there should be wholesale change? We will also explore whether the Dali claim might change the dial on this conversation or whether other claims are driving this conversation further. |
|
Presenter: Frank Sioli, Director/Shareholder, SioliAlexanderPino |
|
16.40-17.00 |
Presentation: Turkey – Disputes and Claims on the Rise |
Turkey has experienced a rise in claims in the past year, driven by two main factors. The first of those are disputes between shipyards and Nordic shipowners. Problems with on-time deliveries are resulting in court cases. Secondly, there have been a spate of accidents involving Turkish pilots recently, resulting in claims. Our session will consider these problems and what is driving them. |
|
Presenter: Caglar Coskunsu, Partner, Cavus & Coskunsu |
|
|
Close of Conference Day One followed by Gala Dinner |
Marine Claims International Day Two: 27th September 2024
10.00-10.25 |
Registration and Refreshments |
10.25-10.30 |
Welcome Address |
Grant Attwell, Events Director, Cannon Events |
|
10.30-10-50 |
Presentation: Developments in Technology During Salvage Operations |
To address the growing complexity of projects involving larger ships, the salvage sector requires new technologies and innovations to ensure the safety of mariners, protect assets, and preserve the environment. This need for advancement was highlighted by the successful removal of the Golden Ray car carrier in Georgia. As salvors face more difficult tasks, they are actively exploring new innovations to enhance wreck removal and assist distressed ships. A few examples of innovations currently in development for the sector are addressed in this presentation. |
|
Presenters: Elias Psyllos, Vice President, T&T Salvage Anna Shipilli, Regional Representative – Greece, Cyprus and Middle East, T&T Salvage |
|
10.50-11.10 |
Presentation: Is Salvage Too Expensive? |
This session will discuss the Salvage Convention, historical background, contracting options and also provide some case studies. |
|
Presenters: Darryl Kennard, Partner, Penningtons Manches Cooper Wilco Alberda, Commercial and Claims Manager, SMIT Salvage |
|
11.10-12.20 |
Round Table Sessions: |
Delegates are welcome to suggest round table topics they would like to facilitate. Each round table will run for 30 minutes. There will be a 5-minute break to allow delegates to change tables and the tables will then be repeated. |
|
12.20-12.40 |
Presentation: Panama Canal Transit Risks |
Although the Panama Canal has an outstanding safety record in comparison to other waterways, there are specific risks to be considered while navigating in the Panama Canal waters. We will discuss these risks and will analyse some of the accidents that have occurred in recent years at specific transit locations. |
|
Presenter: Jose Rosas, Naval Architect and Senior Consultant Marine Surveyor, Panama Country Manager, ABL |
|
12.40-13.00 |
Presentation: How will the Hong Kong Convention Affect Insurers? |
When major casualties result in a constructive total loss or a wreck removal, marine insurers face similar challenges as when owners are dealing with end-of-life ships. The legal landscape is complex and fast evolving. The risks of non-compliance are high. The Hong Kong Convention will come into force in 2025. We consider how the Convention will operate in an era of environmental concerns, how it aligns with the Basel Convention and the relevant EU regulations, and then ultimately, the impact on claims. |
|
Presenter: Herman Steen, Partner, Wikborg Rein |
|
13.00-14.30 |
Luncheon and Close of Conference |
Cannon Events Ltd reserves the right to amend the program and is not responsible for cancellations due to unforeseen circumstances. Cannon Events Ltd accepts no responsibility for statements made orally or in written or digital material distributed by any of its speakers at its conferences or virtual events. In addition, Cannon Events Ltd is not responsible for any copying, republication or redistribution of such statements.