BOW WAVE 207

Situations Vacant Edition

news and views on trade, insurance and risk

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(c)2003 WavyLine.com	Issue No 207 10 Nov 03
Published free of charge to Readers
Editor: Sam Ignarski
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In this issue:

1. Welcome
2. Quarterpoints Column
3. Container Summit-Coming to Shanghai
4. Ship Agents Course
5. Fowarderlaw E-News
6. And Finally...

1. Welcome

Ah Ms. Alice Shroeder, former Morgan Stanley Insurance analyst who said of the insurance way of life at the recent conference of the Association of Lloyd's Names:

"The huge difference with the rest of the financial services industry is that there is no personal accountability to individuals based on results. It's the only industry I know where people are able to generate huge losses and then nothing happens. There are no consequences for them."

Which of us does not know one of these Norman Lamonte-like characters? And which of them has not during these terrible times a beatific smile?

New Readers this week include:

Surveyor Philip Goode in Spain
Mark Jeeves,Senior Executive,Allianz Marine and Aviation Steve Cooke at Waterfront Shipping in Felixstowe
Christian Goring of Aon in Birmingham,UK
Adrian Bowen of Aon in London

News of Readers

For over 13 years FCM, run by Bill FitzHugh who is one of our earliest readers and occasional contributor to And Finally, has been helping executives'released' by their employer to rejoin the ranks of the gainfully employed. Outplacement is a big industry nowadays but Bill is probably one of its few members who has worked in the field of marine and aviation insurance and P&I. FCM's service is bespoke and wholly discrete and their clientele is exclusively corporate.

Visit the FCM website at:

http://www.fcmcareermanagement.co.uk.

Reader David Sparks works for Quadrant International a Port Consultancy with emphasis on the ISPS Code. He also works in various capacities for the UN. See his new website at:

http://www.quadrant.eu.com

Bow Wave Is read by maritime and international trade lawyers all over the world. For example the following Reader numbers are recorded at the following addresses:

Ince 18
Clyde & Co 15
Richards Butler 12
HFW 10
Hill Taylor 8
HK Law 7
Freshfields 6
Clifford Chance 6
Lawrence Graham 5
Baker Mackenzie 5
Shaw & Croft 5
Cozens 4
Kaye Rose 4
Freehills 3
Birketts 3
Bentley Stokes 3
Middletons (Aus) 3
Phillips Fox (Aus) 3
Healy 3
Hill Betts 3
Norton White (Aus)3

There are over 100 domain names in the Bow Wave circulation list which contain the word law.

Readers Write:

Jim Callahan reports on the California fires:-

As you may have heard from others, although the ports remained open, the major disruption came with the closure of major cargo highways and rail lines. This has affected the Burlington Northern Santa Fe and the Union Pacific railroads. "The Cunningham Report" reported on Nov. 3 that the BNSF has temporarily suspended its intermodal guarantee service. They further report that the UP says that shippers should expect a 24-hour delay for intermodal cargo.
Fortunately, rains came to Southern California recently, which greatly helped to control the fires. More rain is expected.

Contact him at:

James.Callahan@metsteco.com

Ida Stier in the Canary Islands has notified of us of a new rule in Spanish waters:-

New Resolution of the Spanish Maritime Authorities (DGMM)

DECK PERSONNEL DURING MANOEUVRING WITHIN SPANISH PORT’S AREA:

On Oct 29th, 2003, the Spanish DGMM has established a new internal Rule which is of application within the Spanish ports.

As from November 1st, 2003, the Maritime Authorities (Capitania Maritima) are entitled to sanction and/or detain a ship over 500 GT, whatsoever her flag is, if during the manoeuvring (mooring, unmooring and/or any other own propelled movement inside port waters), the Ship Master is not assisted by an officer and/or crew member duly qualified.

This Resolution will be of application either if Pilots are on board or not.The Centre of Services’ Coordination (CCRS) is obliged to give the information via radio to the ships hoperating within the ports’ area.Whenever on board a ship this Resolution will be infringed,Pilots are obliged to immediately notify the Maritime Authorities.

Under the Spanish legislation, Act 27/1992, amended by Act 62/199, the resulting sanction is classified as "severe" and "top severe" which represents a fine in amount of max 180.304 euros and 901.518 euros respectively.

Contact Ida at:

Email:.es
Web site: http://www.stier.es Mobile: + 34 607 55 29 27

We have begun to receive more orders to feature situations vacant in Bow Wave. Readers and companies who want to advertise their vacncies to fellow Bow Wave Readers please get in touch for terms. See this week's haul after Item 6. Taking in advertising and sponsors' messages helps keep Bow Wave free to Readers. each insertion will normally be run for 4 weeks in keeping with recruiting practice.

Enjoy.

2. Quarterpoints Column

Your editor's most recent column in Lloyd's List had a look at the asbestos scene:

Asbestos Peril

A new report by Adrian Leonard entitled Asbestos, the Relentless Peril, (Informa Professional 138pp) is an expensively produced specialist publication aimed at those concerned with asbestos litigation and liability (a substantial industry ever since lawyer Ward Stephenson set the first stone rolling in 1966 on behalf of insulation installer Clarence Borel in Beaumont, Texas).

Reading the report reminded me of two personal associations with this great area in the field of liability. The first is an awareness of how the "miracle mineral" of asbestos began consuming those who worked with it. As I child I lived in a small village in the state of Hesse in Germany called Niedernhausen which contained an asbestos factory which had closed by the mid 1960s. There were a number of villagers who were already slowly expiring from respiratory diseases. My mother used to supply one family with a regular jar of Horlicks obtained from England as this was one of the few things the father could keep down in the latter stages of his disease.

The other is an insight into the nature of liability and the societies in which liability is incurred. This came to me as a by product of marketing liability insurance during the glasnost years in Eastern Europe when shipping and transport companies began buying small amounts of insurance to cover the liability exposures which arose and were payable in hard currencies. At one point I recall the underwriting of a large state owned haulage operation running many thousands of trucks for not very much money. In the face of my alarm, an old hand at the state owned insurers asserted "first they must learn how to claim, and this will take many years". He was right. Knowing how to make a liability claim against a business supplier backed by a practised industrial liability insurer and the best commercial lawyers money can buy requires a great deal of skill, education, experience and strategic sense. It is the by-product of mature economies and prosperous societies.

How large a by-product is made clear in Leonard’s report, which describes a class of litigation which has already bankrupted much of the primary asbestos production industry in the United States and severely depleted the industrial insurers who stood behind them at Lloyd’s of London in particular And the reinsurance industry in general. The exposure to liability has been roughly born in thirds, one third US insurers, one third foreign insurance interests and one third manufacturers. According to the 2002 Rand Study cited in the book, some 600 000 people have filed claims. A typical suit names 60 to 70 defendants. Of the amounts awarded, 43 per cent went to claimants, the rest in "frictional costs". So far $54 billion has gone out on asbestos litigation and compensation.

The main point made by Leonard in this report is that there is no end to this saga in sight. The same Rand study points out that at best only 20-50 per cent of claimants have come forward. There may be as many as 500 000 to 2.4 million more claims to come with an estimated total cost Between $200 billion to $265 billion. For the insurance industry this represents a slow, capital- eroding melt down.

Aa might be expected from such gargantuan figures, there are grotesque things to see all about. About 65 per cent of the compensation has so far gone to claimants with non-malignant conditions and defendants have been named in 75 out of 83 US industries, touching almost every kind of economic activity. As the limits of primary insurers and manufacturers are exhausted the hunt is on for more peripheral but deeper pockets. In response the parties engage and disengage, using the limits of their ingenuity and strategic resources, hoping to manipulate the various strategems (insolvency, policy limits, coverage limits, historical uncertainty, the effluxion of time and God help them, tort law reform in the United States). There is little mention in this report of shipping and marine insurers, but the exposures to asbestos litigation are substantial in the sector because of the wide spread use of asbestos as a lagging material and fire preventative.

A last recollection: a builder once let me down in the early 1980s by failing to turn up and start work on an extension to my house in North London. He had emigrated to the States at very short notice also surprising a a number of creditors. When last heard of he was complaining of shortness of breath and making an asbestos claim.

3. Container Summit-Coming to Shanghai

One of the year's more cerebral gatherings is the Container Shipping - Executive Summit which will convene in Shanghai on December 4 and 5. This event will
coincide with the Maritime Asia awards on the evening of December 4 in Shanghai.

The conference programme is organised by Matthew Flynn and sets out to get the shipping lines and their customers to discuss key events facing the container industry.

Confirmed speakers from the shipper community include Stefan Graetz of Karstadt Quelle AG, Rosa Hakala of Home Depot, and Tom Stedman of Walgreens.

Other attendees include major carrier representatives, bankers, ports, security experts and regional specialists. This year’s lead focus will be on defining the nature of the relationship between carriers and shippers. Is there indeed a partnership? The industry should be moving closer to tailor made solutions for shippers but has the year-to-year freight volatility prevented the industry from achieving a more mutually beneficial relationship?

The structure of the event will focus on shipper-carrier dialogue as the first topic of the day. The afternoon of the first day will shift toward carrier-specific issues such as financing and security. That evening guests will attend the fifth annual Maritime Asia awards, a black tie dinner celebrating the winners of a popular vote and panel judge selection of Asia’s best maritime service providers.

The second day’s conference events will be a regional focus on logistics/container developments in China, Taiwan, intra-Asia and US West Coast ports.

Highly recommended

For more information, contact:

Phyllis.Goh@ibcasia.com.sg

4. Ship Agents Course

Claire Braidwood writes:

Diploma in Ship Agency 2004-2005
Commences 1st March 2004

In just 12 months, studying from home, candidates can gain a Diploma in Ship Agency from the National Sea Training Centre.

This diploma course consists of ten modules each of which requires candidates to submit an assignment and one final 3-hour open book exam.

Modules:
1. Introduction to shipping, ship management and ship agency 2. Commercial relationships and examining issues relating to ports 3. Law section A: international regulations
4. Law section B: Bills of Lading, Hague, Hague Visby and Hamburg Rules 5. What agents need to know about chartering
6. Public relations best practice and communication skills 7. Ship agents & e-commerce
8. Finance, accounting and credit management
9. The ship operator's insurances
10. Ship arrest

This course can be delivered 100% on line allowing you to access each module as soon as it is available and from anywhere in the world

(Module 7 is contributed by your editor)

Click here to download the course programme and enrolment form:

http://click.cminteractive.com/?1WNVV5Pdc=1093710

5. Fowarderlaw E-News

The November Issue of this excellent ezine aimed at industry specialists has appeared with items on the following subjects:

A report on Logistics at the Recent Fiata Meeting Straight Bills of Lading
Freedom of Contract and the UNCITRAL Convention
The Notion of the Sophisticated Shipper
Shippers' Liability for Unpaid Freight
Weight-based Limitation of Liability in Air Shipments

To see these items go to the site at

http://www.forwarderlaw.com

Or contact Peter at:

pfmjones@pmlaw.com

6. And Finally...

Many thanks to marketing man Mike Revans for this variation on a theme:

How many Christians does it take to change a light bulb?

Charismatic: One. Hands already in the air

Pentecostals: Ten. One to change the bulb and
nine to pray against the spirit of darkness

Presbyterians: None. Lights will go on and off at pre-determined times

Roman Catholic: None. Candles only

Baptists: At least 15. One to change the bulb, three committees to approve the change and decide who brings the potato salad

Episcopalians: Three. One to call the electrician, one to mix the drinks and one to talk about how much better the old bulb was

Mormons: Five. One man to change the bulb and four wives to tell him how to do it

Unitarians: We choose not to make a statement either in favour of, or against, the need for a light bulb. However, if in your own journey you have found that light bulbs work for you, that is fine. You are invited to write a poem, or compose a modern dance about your light bulb for the next Sunday service, in which we will explore a number of light bulb traditions, including incandescent; fluorescent; three-way; long-life and tinted. All of which are equally valid paths to luminescence

Methodists: Undetermined. Whether your light is bright, dull, or completely out, you are loved. You can be a light bulb, turnip bulb, or a tulip bulb. Church-wide lighting service is planned for Sunday. Bring a bulb of your choice and a covered dish

Lutherans: None. Lutherans don’t believe in change

Amish: What’s a light bulb?

1. MD Europe EXSIF Tank Containers

CMR, with offices and representation in London, Paris and West Africa, works on a global basis for the Maritime Sector and for developing business in Africa and is currently seeking to fill this post:

EXSIF Worldwide, the world’s leading tank container lessor seeks a new MD Europe to complete the organization's global strategic management team with additional responsibilities to expand EXSIF Worldwide’s global business. This is not a role for someone with a traditional leasing background.

See Ref 0236 at:

http://www.cmrsupport.com/position.htm

For more information send your CV to:

Steve@cmrsupport.com

2. Assistant Consultant, CTC Services Non-Marine--London

CTC Services Non Marine is looking for an Italian and Spanish speaking Assistant Consultant. For further details go to CTC's careers page on the website at:

http://www.charlestaylorconsulting.com/careers.asp

Or Contact Emma Deeks at:

Emma.Deeks@ctcplc.com

3. NVO/Freight Forwarder Operations Manager--Newark

Ian Mathieson of Impress Communications has a client looking for for an operations manager in their New Jersey (Newark) office. 90% of the office's business is servicing the forwarding needs of companies from the books and publishing industry and it's a real hands-on job with a decent remuneration package.

Candidates who think they have what it takes to do this job should contact Ian at:

Tel: +44 (0) 1689 860660
Fax: +44 (0) 1689 818285
e-mail:scommunications.org

BOW WAVE is published each week to around 8700 Readers in the transport,insurance,shipping and finance industries.

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