The Institute of Chartered Shipbrokers, East India Branch, conducted an exclusive Workshop on Insurance & Cargo Claims in association with Karaikal Port on 08.09.2017

IMG_0173.JPG

The Institute of Chartered Shipbrokers, East India Branch, conducted an exclusive Workshop on Insurance & Cargo Claims in association with Karaikal Port on 08.09.2017(1800hrs onwards) at My Fortune Hotel, Cathedral Road, Chennai. Guest speaker was Capt.Neel J Nair,FICS, Managing Director, Nautex Maritime Pvt Ltd., Master

Mariner,MBA,FICS. He has given a presentation on Port Risk Management(Liabilities and Insurance). The another Guest Speaker was Mr.R.Giridharan(Advocate) who is specialized in Arbitration, Admiralty, Shipping, Commercial Litigation, Corporate Litigation, Commercial Arbitration and Indirect taxation. He has given a Presentation on Claims arising due to shortlanding and pilferage with respect to Bulk Cargo and Containerized Cargo - Legal aspects. It was well attended by the Customers of Karaikal Port and the Members/Shipping Industry experts of ICS. It was concluded with Cocktail and Dinner.

Ayudha Pooja Celebrations at Institute's Premises dt 29.09.17

Ayudha Pooja Celebrations
Open Evening at Institute's premises on 26.09.17

Institute's-premises.jpg
Newly Elected Office Bearers and Committee Members for the period 2017-19

20th-annualday.JPG
For the post of
Chairman Capt.V.Ganeshyam,FICS
Vice Chairman Mr.Ravee S Tittei,FICS
Secretary Mr.M.Sayeeraman,FICS
Treasurer Capt.R.Venkat,FICS
Committee Members Capt.K.P.Rajagopal,FICS(Past Chairman)
Mr.S.Sankaran,FICS
Capt.K.G.Ramakrishnan,FICS
Capt.John Prasad Menezes,FICS
Capt.Avtar Singh,FICS
Law Conclave conducted by East India branch on 25.03.2017

IMG_0173.JPG

The Institute of Chartered Shipbrokers, East India Branch, conducted a Law Conclave to discuss among peers the most relevant Bills/Acts/Amendments that impact Indian Shipping and all its sectors and segments including Logistics. The Institute had able to get on board many Industry Experts and Law luminaries to join in the debate and international Attorney's Surana & Surana has consented to be the knowledge partner. We have requested the professionals of expertise of refined and distilled wisdom garnered over the decades so as to promote and improve shipping services, particularly addressing legal issues that concern the trade in the light of Ease of Doing Business and Make in India policies to make Indian goods and services competitive.

IMG_0214.JPG IMG_0228.JPG

Unlike Seminars and Conferences wherein papers are presented and speeches are made, we have chosen Panel Discussions on the subjects listed.

IMG_0230.JPG IMG_0255.JPG IMG_0417.JPG IMG_0672.JPG

Surana and Surana -International Attorneys, the Knowledge partner for the event have published a Compendium at the start of the Conclave and further added a chapter on the findings and Recommendations of the Panels, for pursuing with the relevant government departments and authorities.

IMG_0680.JPG
Shri.Sanjeev K BhandarI - An expert in Maritime Law and Insurance is no more!

DSC_0785.jpg

Shri.Sanjeev K Bharndari a celebrated maritime insurance expert passed away on the 4 th Jan 2017 after a brief illness at Kolkatta. He had his initial training in insurance advisory services from his venerated father Shri. V.K.Bhandari, who was working with M/s Crowe Boda , which represented Protections and Indemnity clubs like Steam Ship Mutual as their Indian correspondents. Sanjeev Bhandari was soft spoken, gentle and was revered as an expert on Maritime Law and Insurance.

DSC_0893.jpg

A prayer meeting was held at the Chennai Seafarers Club on 26.01.2017 under the combined aegis of 'The Institute of Chartered Shipbrokers, East India', 'Nautical Institute South India Chapter', 'The Institute Of Marine Engineers, Chennai' and 'Company Of Master Mariners Chennai'. Members of the above organization as well as from the Insurance sector and Shipping owning companies from Chennai, Mumbai and UK participated in the prayer meeting.

The prayer meeting opened with Chanting of Vedic Mantras and a discourse on Life & Death from a Swamiji from Arya Samaj. Many eminent personalities who had worked closely with Shri.Sanjeev Bhandari paid rich tributes and spoke about his compassion, dedication, supreme knowledge of the subject and particularly singled out his helping mentality.

The prayer meeting was attended by Mr Sanjeev Bhandari's wife and son. Signed guest book and a memento were presented to the family in fond remembrance of the selfless service rendered by Shri.Sanjeev K Bhandari to the marine community.

ICS - EI Branch 21st Annual Day Celebrations with the Seminar on Disruptive Progress in Shipping & Logistics

Better be prepared, adopt and adapt was the wisdom imparted and garnered during ICS (Institute of Chartered Shipbrokers) East India Branch (centred in Chennai covering India except for Mumbai and Delhi) 21st Annual Day Seminar held on 21st Jan '17, as the take away by most, well and ill-informed too. Capt John Prasad Menezes a Senior Fellow and ICS (EI) Committee Member, a qualified lawyer, practicing as a Surveyor and Arbitrator played the role of Master of Ceremony with elan and aplomb holding the speakers strictly to time limits.

21st Annual Day celebrations

Chairman of ICS (Shipbrokers) East India Branch Capt K.P.Rajagopal FICS emphatically stated that disruption hadn't come into play at the turn of the millennium; the phrase and the way its coined perhaps may have been so. Stone Age did not end because we ran out of rocks but it ended because it ushered in Bronze Age. The present era of centralized, command-and-control, extraction based energy resources (oil, gas, coal and nuclear) too is coming to an end, not because we would run out of petroleum, natural gas, coal, or uranium. It will end because these energy sources, the business models they employ, and the products that sustain them will be disrupted by superior technologies, product architectures, and business models. We are getting into a knowledge based, sustainable, low cost high value model where ease of doing biz would be the key.

21st Annual Day celebrations

He further added that by 2030, all of new energy will be provided by solar or wind, all new mass-market vehicles will be electric, all of these vehicles will be autonomous (self-driving) or semi-autonomous, car market will shrink by 50%, gasoline will be obsolete, Nuclear energy is already unwanted, Natural Gas and Coal will have use only for base Energy, up to 80% of parking spaces will not be required anymore as the concept of individual car ownership will be obsolete and these will impact seaborne trades to a large extent.

Mr Leo Prabhu (standing in for Capt K N Ramesh CEO Sical Logistics who had been tied down by bureaucracy in Delhi) a qualified MBA with expertise in Logistics for few decades, drew parallels with yester-years and today's times wherein logistics has morphed from old sailing and motored steamers into an end to end reliable services on modern mega ships with fixed day sailings catered by just-in-time integrations ashore and at transshipment ports. The introduction of Ro-Ro Services along the coast as a total door to door logistics service in India between major manufacturers and dealers was highlighted, stating that surprisingly truckers had come up with backhaul cargoes on wheels. With substantial cost savings, major Car manufactures from South as well as NCR region are shifting from their predominantly Road based movement and SICAL has been able to give a single window service by managing the last mile Road connectivity at either end. This has been truly disruptive as SICAL was able to learn from previous Ro-Ro services which had failed due to lack of last mile connectivity and has been successful in disrupting the existing model.

21st Annual Day celebrations

Capt Pushpa Kumar FICS, Director Indian Institute of Logistics traced his organic growth from the sea to class room ashore and into the trucking industry servicing shipping and logistics. BUM-Book your Movements an offshoot and integration launched as a portal to bring together warring associations, fractions and factions (literally of the 18 or so that exist isolated in groups) of the Trailer owners and their competing factors was highlighted as the way to go. Transparency he stressed is the name of the game for survival and prospering and not undercutting and sharing - with kickbacks and pinching commissions for sub-contracting on the run. Mr T R Rajesh Kumar FCA of Hiregange & Associates Bangalore - Chartered Accountants & Service Tax Consultants - surprised the audience about the misconceptions they had held about the New GST (Goods and service Tax) being introduced by asking their views and opinions, and then pointedly retorting that they were all incorrect. His view was that though it was supposed to be of efforts to simplify, unify and share taxes between the Centre and States; but it is turning out to be totally different. Compliance during execution -with trained and agile in-house staff- would be the challenge, he added, adding that post-truth correction and fixing by auditors won't simply suffice. It could be a boom for CAs and such qualified, he remarked but the onus would rest with the billing firms, he said, pointing out that mistakes once committed will prove costly to correct, in effect sermonizing that knowledge and prevention before cure is prescribed.

21st Annual Day celebrations

Mr C V Subba Rao a Marine Engineer, Deputy Managing Director Sanmar Shipping, took it further forward both philosophically and practically citing necessity, inspiration, emotion etc as the main factors that have driven drastic changes. As the keynote speaker on "Creative Disruptions in Shipping and Logistics", wringing the theme and topic, he underscored with examples of Containerisaton, Tesla car, Polaroid Camera, Apple's I-phone etc. He cited the example of the non-destruction of Paris city by retreating German army despite Hitler's orders to do so, as emotionally General Choltitz had connected with Paris very deeply and could not stand to destruct it. Enlightening the audience with such anecdotes from his memory recalls, he drove home the view that incremental changes do not suffice anymore and hence quick disruptive changes have become the necessity itself.

21st Annual Day celebrations

The Seminar came to a close with high tea. The Annual Day Celebrations followed.

The 21st Annual Day was inaugurated with Capt Ganeshyam FICS Vice Chairman delivering welcome address; it was followed by Mr Ravi Tittei FICS, the Branch Secretary presenting the Annual Branch Report. Capt Capt Rajagopal the Chairman, traced the branch's outstanding growth internationally, outshining other branches world-wide, giving due credit to its members and past office bearers. He also stated that the Institute has not sat back on its laurels and has been introspecting on the role of Shipbrokers. He added that a recently conducted ICS debate along with FONASBA in London with the motion "Is the Shipbroker a Doda, heading for extinction" had thrown up the many challenges facing the Shipbrokers and his continued relevance in the Industry.

Mr S.N. Srikanth Founder & Senior Partner Hauer Associates addressed the gathering in the role of "Guest of Honour" and spoke of cause and effect of changing times impacting Shipping and Logistics. He expressed his feeling that a lot more need be done with alacrity with change having to be driven in by the government and its policies, though in effect it will be carried out by the free market players that serve the transportation sectors. He also applauded the services rendered by the members of the Institute for the Maritime Industry and recalled his association with many Fellows & Members.

Mr M.S. Srinivasan Chairman IL&FS Tamil Nadu Power Company Ltd in his keynote address, while admiring the branch's achievements, wondered about the connotations of East India prefix. Taking home the view that Solar and other renewable energy would be the competitors against Coal and its pollution, he opined that King Coal still had a long way to go.

Fellowship and Membership certificates were presented by the Chief Guest to the Members and Toppers Awards' instituted by HIMT for toppers in examination subjects from among candidates who had taken the qualifying Exams in India were also presented.

Mr S. S. Narayanan the Branch Treasurer expressed Vote of Thanks on behalf of the branch and a sumptuous dinner with cocktails followed.

21st Annual General Meeting "The 21st Annual General Meeting of the Institute of Chartered Shipbrokers, Madras Branch was held on 20.08.2016 at the Seafarers Club, Chennai"
Seminar on INTERFACING Shipping & Services

ICS-madras-branch

A day's seminar was organsied by Institute of Shipbrokers East India Branch at Kochi on 27th Aug attended by about 200 persons including students from Institute's focused on Logistics and Maritime Law. Shri C J Mathew IRS (Member Technical) CE&ST Appellate Tribunal Southern Region Chief guest in keynote address tracing India's Maritime history from Vedic times, underscored that shipping is what indeed has enabled globalization. Adding that boom and bust is typical cyclically of shipping due to changing trade patterns, technology, economic growth in different parts of the world etc, the pre-and post Beijing Olympics period was pointed at, to substantiate the findings aired.

ICS-madras-branch

In the welcome address, Capt K.P.Rajagopal, Chairman East India Branch, called upon the students to take up ICS qualifying Examinations and that the East India Branch would extend all possible help for every student to prepare and take the exam successfully. Capt John P Menezes chairing Interfacing Ports & Ships session, delved into Harbours and Ports with Security as a recent concern. Specialisation of ports, their safety, hazards, employment potential etc were added on. Capt Suresh Amirapu drew attention to the meagre share of India in international trades, consoling that there has been visible growth after liberalization. ICS-madras-branch However, congestion has been the order of the day he added, citing 11km waiting length of trucks at India's premier container port JNPT off New Mumbai. Good intentions he complained seldom resulted in desired results due to tardy implementation. The Tariff authority setting rates for Major ports and Terminals therein he said had given undue competitive advantage to non-major ports and new terminals. While India's Vessel related charges -that too in US$- are very high, he complained that Terminal handling charges for boxes are paltry and low as compared to nearby Asian and South-East Asian terminals.

ICS-madras-branch

Capt K P Rajagopal supported with macro and micro statistics in details drew attention to the share of major Indian ports increasing after losing to the non-major ports for a while. He added that the trade projections in the port reports have been more or less imaginary and in any case the 5-year plans are going to be discontinued after the current one. He touched upon the social philosophy of port and trade development emphasizing major initiatives being taken by the government pointing out the revenue share that is earned by ports. With External Currency Borrowings in US$ at low interest rates and ports obtaining deemed export status more projects will be viable was his view. Under Sagarmala ports, shipping, waterways etc will get a boost he added in closing. Mr S. Sankaran drew attention to the plight of shipping due to the liner freight meltdown, supporting his well-found arguments with the crash of Shanghai Container Freight Index.

ICS-madras-branch

Shri R Swaminathan chaired the session on Commercial Shipping in which Practitioner's Challenges were highlighted and discussed in length by Shri H L Santharam. Bulk Shipping & World Trade was addressed in depth by Mr Krishan Prasad. He said the markets are ever-changing and no new fixtures are alike even with the same cargo, owners, operators and charterers. Mr Krishnan Subramaniam talked about Liquid Bulk Trade providing insights into its specialities, vagaries and nuances.

ICS-madras-branch

The potential slumber after sumptuous lunch was pre-empted by a riveting session on Avoiding Litigation chaired by Capt S Pullat who nudged two High Court Lawyers and a Claims Consultant to higher plateau from the stance and positions they were taking covering the topic. Advocate Syam Kumar reported a case where the court had ruled against an Arbitration clause in a B/L. Heated discussions followed, surmising that it was untenable and bad in law. Shri Joy Thattil spoke about Litigation and Arbitration reminding about the need to have good systems in place, creating awareness amongst executives and following up unavoidable litigation and Arbitration properly. Mr Jagannathan, though not a qualified lawyer, highlighted the need to follow proper procedures of the jurisdiction opted for and spoke about the nuances of Arbitration vis-à-vis Mediation. Capt Pullat cautioned that litigation is an ever present risk in any domain, and frauds and criminality cannot be mediated upon. The old case law of Adler Vs Dixon of Himalayan fame was recalled; so too Contract Act, Charter Parties etc by the two lawyers with the Consultant stressing that Arbitration under the New York Convention is enforceable in many countries. He hoped that the recent amendments to Indian Arb Act would impart it more traction, speed and usage.

ICS-madras-branch

In the session on Shipping support to Oil & Gas chaired by capt K G Ramakrishnan, Capt Neel Nair took the participants through a conducted tour -through a well laid out presentation- on Oil & Gas industry including Shale oil right from their formation, exploration, prospecting, drilling, production to capping the wells, pointing out the employment and entrepreneurial opportunities available at very good remuneration and compensation for hard work. Capt Alex Anthony stressed that Kochi has become a major bunkering port and there are opportunities for traders, entrepreneurs and even arbitraging between Singapore and Gulf. He however cautioned on the pitfalls citing OW bunker case that had gone up to House of Lords.

ICS-madras-branch

Mr Vikas Singh Chief Manager Port Operations of Petronet LNG Ltd provided technical insights into the LNG trade explaining the Spherical tanks, Membrane protection, Floating Storage Regassifying Unit (FSRU) etc stating that CH4 Methane is what LNG is and its cryogenic trade reduces volume down to six-hundredth by liquefying to -1600C for easy carriage. Explaining some of its limitations, he said that its operational track record is excellent and LNG is currently evolving as a practical clean and cheap fuel for ships with its availability being established in major trade routes.

ICS-madras-branch

Shri Krishna Prasad and Krishnan undertook a session on Career Counselling for the host of students who were the majority of participants underlining that attitude quotient is a perquisite. Loving the job and taking risks are necessary to survive, stressing the need to continuously upgrade considering new avenues of job, employment and business possibilities.

ICS-madras-branch

The Seminar content was summed up ably by Capt Avtar Singh peppering with interesting anecdotes and humor. The participant students stayed enthused till the very end making notes and asking questions, and finally capping it all with National Anthem.




AMET Sign MOU with The Institution of Chartered Shipbrokers.

ICS-madras-branch

Chennai April 19, 2016. The Institute of Chartered Shipbrokers, the Maritime Industry's only body dedicated to professional education, has signed a new Memorandum of Understanding with the AMET University.

The MoU was signed by Mr.Sean Walsh, Deputy Director, ICS,UK and Col.Dr.G.Thiruvasagam, Vice Chancellor, AMET University, during the inaugural function of the Conference, which was opened and attended by His Excellency Alem Tsehaye Woldmariam, the Ambassador of the Republic of Eritrea.

The International Conference was on "SHIPPING: INDISPENSABLE TO THE WORLD" which is the IMO theme for 2016.

ABOUT AMET: The Academy of Maritime Education and Training was established as a private maritime academy by Dr.J.Ramachandran with an enrolment of just 14 cadets during 1993 and subsequently declared as a deemed to be University by the Ministry of Human Resources and Development, Government of India. AMET is India's First University in Maritime Education and the only maritime University in the country being recognized by the MHRD/UGC. Since then, the University is catering the needs and dissemination of knowledge in the field of marine and maritime studies.

The Institute of Chartered Shipbrokers has continued to expand its international links and resource base to meet growing demand for its examination programmer. Earlier this year, the Institute signed agreements that will see its London-based exams hosted by the UK Chamber of Shipping and has also been recognized as strategic partner by China's Ministry of Transport and the Shanghai International Shipping Centre.

In India, The Institute operates two local chapters at Mumbai & Chennai each, covering the West & East Coast respectively. Both these centers handle memberships, promote Maritime education, and conduct Examinations twice a year.

The Chairman of the East India Branch, CaptK.P.Rajagopal said:

ICS-madras-branch

"The Institute is delighted to sign this MoU with AMET, with whom the Institute had a long relationship in the past with AMET representing the Institute as its "Distance Learning Centre". AMET has proved to be a first class partner in education and is committed to expanding its maritime education and skills base. As per the Government of India's Sagarmala initiative, the requirement of Skilled workforce in the Shipping/Port & Logistics Sector would be about 10 million by 2025 and until Universities like AMET take the lead, producing such numbers would be impossible. The Institute believes that this co-operation among educational leaders will make significant and powerful impact on young people in India wanting to build their careers."




Institute of Chartered Shipbrokers signs MoU with Indian Maritime University

Agreement to promote mutual understanding renews a bilateral commitment to academic and educational co-operation

London and Mumbai April 15, 2016. The Institute of Chartered Shipbrokers, the maritime industry's only body dedicated to professional education, has signed a new Memorandum of Understanding with the Indian Maritime University.

The MoU was signed by The Institute's Sean Walsh and the IMU's Vice Chancellor K Ashok Vardhan Shetty during the Indian Maritime Summit, which was opened and attended by the Prime Minister of India, Shri Narendra Modi.

The summit is the inaugural flagship initiative of the Ministry of Shipping of the Government of India and aims to provide a platform for companies, institutions and education to explore the potential business and growth opportunities in India's maritime sector.

Director of the Institute of Chartered Shipbrokers, Julie Lithgow said:

  • "The Institute is delighted to sign this MoU with a first class partner in education in a country that is committed to expanding its maritime education and skills base. The market for potential maritime educational growth in India is enormous with over 150 maritime sector projects currently committed to be developed by the Indian government.This co-operation among educational leaders will make significant and powerful impact on young people in India wanting to build their careers in the shipping sector."

The IMU is the only central university of its kind in India dealing with exclusively maritime disciplines. It was founded by Act of Parliament in 2008 to act as a leader in the development of training and human resources in the Indian maritime sector.

Vice Chancellor of the Indian Maritime University K Ashok Vardhan Shetty said:

  • "The Indian Maritime University is pleased to sign this MoU with the Institute of Chartered Shipbrokers, whose professional qualifications cover the full spectrum of shipping commercial activity and whose Members and Fellows occupy executive positions in the maritime industry with very high professional standards. The MoU will promote academic and educational co-operation and mutual understanding between the two educational leaders on a basis of equality and reciprocity."

The Institute has continued to expand its international links and resource base to meet growing demand for its examination programme. Earlier this year, the Institute signed agreements that will see its London-based exams hosted by the UK Chamber of Shipping and has also been recognised as strategic partner by China's Ministry of Transport and the Shanghai International Shipping Centre.

In India, The Institute operates two local chapters at Mumbai & Chennai each, covering the West & East coast respectively. Both these centres handle memberships, promote Maritime education, and conduct Examinations twice a year.

Those keen to participate and Earn a Maritime recognition as Members or fellows of this internationally acclaimed Institute can contact/ apply to:

Mumbai
101/102, Technopolis Knowledge Park
Mahakali Caves Road,
Chakala, Andheri(E)
Mumbai- 400 093
Tel: +91-22-26879432

Chennai
Indian Chamber Building
First Floor,
6 Esplanade,
Chennai 600 108
Tel : +91 44 25357367

ICS-madras-branch Image Caption

The Institute's Sean Walsh and IMU Vice Chancellor K Ashok Vardhan Shetty sign the MoU in the presence of India's Minister for Road Transport and Shipping Nitin Gadkari.

Notes to Editors

The Institute of Chartered Shipbrokers (ICS) was established in 1911 and received Royal Charter in 1920. It is the only internationally recognised professional educational body in the maritime arena and represents shipbrokers, ship managers and agents worldwide. ICS is based in the heart of the City of London and has 25 branches in key shipping locations worldwide with 4,000 individual and 120 company members. ICS membership represents a commitment to maintaining the highest professional standards across the shipping industry.

For further information and interviews, please contact Neville Smith, Mariner Communications Tel: +44 7909 960 182.



ICS-madras-branch Legal Issues relating to Shipping and Ports

ICS - EAST INDIA BRANCH conducted 2nd Annual Conference on "Legal Issues relating to Shipping and Ports" on 11.03.2016

The Institute of Chartered Shipbrokers, East India Branch conducted it's 2nd Annual Conference on Legal Issues relating to Shipping and Ports on 11th March 2016 at Vivanta by Taj - Connemara, Chennai.

ICS-madras-branch

ICS, East India Branch had conducted 3 conferences on Legal matters pertaining to Maritime Sector prior to joining hands with M/s Hinode Events a Knowledge Partner to serialise this an Annual Conference on Legal Maritime Legal matters. The Branch takes pride to state that "The Ministry of Shipping" & "The Directorate General of Shipping" have taken the view of the Branch in several legislative matters.

Capt.K.G.Ramakrishnan,FICS, Past Chairman acted as the Convenor for this Conference

Capt. K.P.Rajagopal,FICS(Chairman) welcomed the audience, introduced the Speakers and Chaired the inaugural session. The Key note speech was delivered by the veteran Barrister at Law Capt.A.K.Bansal, who gave the history of Maritime Law dating back to the ancient times and the journey until the current times.



The event attracted representations from some of the biggest names of the Legal Industry

This was followed by excellent presentations by the following:

  • 1. Maritime Spatial Planning and the Legal Perspective by Capt John P Menezes, FICS, CEO, Menezes and Associates, Mangalore
  • 2. Implications of Multimodal Transportation in Sea Carriage by Dr R Sunitha Sundar, Partner, M/s K Bijai Sundar & Dr R Sunitha Sundar, Advocates, Chennai
  • 3. Legal Aspects from Discharge to Delivery by Mr P Giridharan, Advocate, Chennai
  • 4. Quiz on Offshore Contract Law by Mr Ashwin Shanker, Partner, The Chambers of George A Rebello, Mumbai
  • 5. Legal Divergence in Effecting Vessel Arrest in India by Mr Joy Thattil, Partner, Callidus Legal, Cochin
  • 6. Ship Arrests in India - Indian Coast Guard Perspective, DIG Donny Michael, CSO (Ops) West
  • 7. Recent Incidents on the High Seas - the precedents they may set and their relevance to Commercial Shipping by Cmde Ranjit Rai (Retd), Ex Vice President, Indian Maritime Foundation, New Delhi
  • 8. Making Mediation work for you by Mrs Uma Ramanathan, Managing Trustee and Mediator, Foundation for Comprehensive Dispute Resolution, Chennai
  • 9. Arbitrate successfully by Mr M Jagannath, Director, NAU Pte Ltd, Singapore.
  • 10. Conflict of Laws during Mediation in Shipping Claims by Mr D Bharatha Chakravarthy, Partner, Sai, Bharath & Ilan, Chennai

Lunch was hosted by Ben Line Agencies & Callidus Legal, The Chambers of George A Rebello

Legal issues relating to Shipping & Ports

Capt Ramakrishnan performed task as MC, fixing the pitch to be played on. Capt Rajagopal the incumbent Chairman of ICS branch had the onus of playing Umpire's role in the first session. Senior-most veteran Capt Bansal a barrister from Lincoln's Inn, and an arbitrator and mediator to boot, set roll the proceedings after the traditional inauguration of lighting the lamp to dispel darkness of ignorance from the mind. He did peek into history of shipping and maritime law, briefly touching upon its various facets from times of yore and left everyone astounded about legal status of ship through its alter ego Master.

Maritime Spatial Planning and the Legal Perspective was thoroughly delved into by Capt John Prasad Menezes and Implications of Multimodal Transportation in Sea Carriage was dug out in depth by Dr R Sunitha Sundar. Capt Menezes drew attention to the developing scenarios of deep sea exploration & mining, creation of artificial islands etc and implications of having to work in vacuum of laws and jurisdictions. Ms Sunitha, drawing from vast experience as advocate and arbitrator highlighted the difficulties faced in intermodal trades and its overhang on ship as a carrier from Hague-Hague Visby driven COGSA days, not alienating it from specific specialities of Multimodalism that should have been a saving grace from complications ashore.

ICS-madras-branch

The Legal Aspects from cargo Discharge to Delivery was addressed step by step by Advocate Giridharan. He took pains to walk the audience step by step through procedures, legal pitfalls and authorities/controls involved, suggesting solutions as a guide and trainer would, without missing out the aspects affecting CFS, Forwarders, Agents, Hauliers etc. A self-answering Quiz on Offshore Contract Law was presented by Advocate Ashwin Shanker. He focused on offshore industry highlighting how it differed from scenes on waterfront and at sea in commercial trades. He aptly played the role of judge, jury and executioner reflecting roles of players, spectators and umpires combined in cricket.

Capt Kapil Dev Bahl chaired the post lunch session on Legal Divergence in Effecting Vessel Arrest in India by Advocate Joy Thattil, Ship Arrests in India - Indian Coast Guard Perspective by DIG Donny Michael, CSO (Ops) West, and Recent Incidents on the High Seas - precedents they may set and their relevance to Commercial Shipping by Cmde Ranjit Rai (Retd). Arrest and subject of Armed Guard provider Seaman Guard Ohio which strayed in to Indian territorial waters off Tuticorin in 2014 was brought up. It was felt that the crew including ex-Navy sailors were sentenced under Indian Arms Act for being without licence, as no laws had been framed for Armed Guards and such ships.

ICS-madras-branch

Friendly fire between Coast Guard and Navy was deftly handled by Capt Bahl, the former stating what CG can do and the latter magnifying the threat from China and its expansionist efforts in China Sea spreading across Asia. The audience were bit aghast about SUA, UNCLOS and the like called in to demonstrate muscle power, as the stand-offs and failures in chasing cases off the coast turned out to be worrisome.

Jurisdiction for arrest was hotly contested - differentiating practices of Madras, Bombay and Andhra High Courts, as if lawyers were protecting their home turf ports. But such myth was blown when it was cited that Kerala High Court had granted arrest of a ship off West Africa to recover dues of an Indian contractor. That Customs notifications on declaration/nomination of boxes to CFS in Chennai and Mumbai were at odds, over the years was pointed out.

Shipping specialist of P&I Club fame Sanjeev Bhandari conducted the last session covering Making Mediation work for you addressed by Advocate Uma Ramanathan, Arbitrate successfully by Mr M Jagannath from Singapore and Conflict of Laws during Mediation in Shipping Claims by Advocate D Bharatha Chakravarthy. There were calls for promoting Arbitration in India, citing revenue loss and opportunity lost for developing professional expertise, even though Mediation and Conciliation were recognized as better alternatives, arbitration having got stalled in quagmire mirroring procedures in courts, and appeals at every stage. The amendments to Arbitration Act, it was felt would help the cause, but opinions were divided on how soon, if at all.

ICS-madras-branch

The unplayable in-swing, out-swing and yorkers were that of 'Knock-for-knock in Towcon, Towhire, Supplytime etc, that had to go on appeal to third umpire. Their presence in them was acknowledged, in different wordings though. That Tort cannot be contracted out of, also was emphasized.

Giridharan was spotted as the most talented batsman, Sanjeev Bhandari the ambidextrous (give & take vide indemnifying) all-rounder and Ashwin Shankar the quizzical bowler floating in his quiz at varied pace that he only could read and answer. Capt Pullat, it was felt kept the wicket well not letting anything slip past him. He cautioned on widespread use of Letter of Indemnity (LOI) citing a case of fraud and added that even originals of Straight BL had to be surrendered for delivery of cargo. He stressed on the importance of having counter-party guarantees vide Charterers Club entries, ISO standards etc in chartered trades to cover stevedores too. Capt K.P. Rajagopal flagged the losing importance of “Adventure”& Perils of the sea” which were the hallmarks of yesteryears practice, as we move forward into implementing new laws such as Rotterdam rules, Cyber Laws, and future Spatial requirements at sea, which would be a totally new “Adventure”.

ICS-madras-branch

On the sidelines, issues pertaining to Charter Parties and tramp trades were discussed. Contractual or not is what basically differentiates claims under collision/contact under FFO (Fixed & floating objects) between H&M and Clubs, it was averred. A few intelligentsia agreed that H&M cover P&I entry were not mandatory for ships, though Indian ports insist on Club entry proof for each and every entry. Cover for compliance for strict liability like Bunker Convention, CLC, Wreck removal, MLC etc are compulsory it was agreed. It was felt that such compliance should be verified at the entry into territorial waters of 12nm, instead of waiting to inspect in ports. Likewise submission of all documents for PSC by email/EDI too. A suggested solution was for Master to submit such information digitally along with routine security reporting, and its inclusion in AIS when its software is upgraded in due course, time-bound but.

There were comments from odd participants that time allowed and subject coverage was not adequate, Charter party issues should have been dealt in depth and feed back/evaluation was missed.

Unlike the usual T20s, as there was no winner and loser, a cheque of Rs 5 Lakh donated by Sanjeev Vakil of HIMT was earmarked for gifting students who top ICS exams. A sumptuous lunch had not reduced enthusiastic participation and the crowd left in the evening with most of their doubts cleared, but looking forward to more that inevitably crop up in a globalized world of shipping deriving its demand from economic activities and trade, truly hoping that the market would turn around sooner than later.

ICS-madras-branch ICS Examination – A Window to Commercial Shipping - Kolkata
ICS-madras-branch ICS – EAST INDIA BRANCH CELEBRATES 20th ANNUAL DAY

Institute of Chartered Shipbrokers, East India Branch has celebrated their 20th Annual Day at Radisson Hotel, Egmore, Chennai concluded with Cocktail and Dinner. There was a huge gathering at the venue. The Chief Guest was Mr.K.Shankar, President - India Cements Ltd., The ICS Committee and the Membership sincerely thanks to all those who have attended and made the event a grand success.

ICS-madras-branch Open Evening Institute premises - 14 Oct 2015

ICS-madras-branch
ICS-madras-branch Ayudha Pooja celebrations Institute's premises - 21 Oct 2015

ICS-madras-branch New Office Bearers for the term 2015-17

>NMDC felicitates Capt R Venkataramanan,FICS(Chairman – ICS East India Branch) NMDC felicitates Capt R Venkataramanan,FICS(Chairman – ICS East India Branch)

The NMDC felicitated Capt.R.Venkataramanan,FICS, a veteran Mariner, Officer & Lieutenant in Indian Navy, Professional in Marine Law, Member of the Admiralty law drafting committee, Part of the two members team(other one being Capt.K.P.Rajagaopal- current Vice Chairman,ICS) that co-ordinated the evacuation of stranded Indians from Benghazi Libya by sea in Feb 2011), founder member of Institute of Chartered Shipbrokers, East India branch who is currently holding Chairman position. In recognition of his 42 years of long and valued service, the Governor of Tamilnadu His Excellency Dr K. Rosaiah felicitated him on 4th April 2015 at Annamalai Mandram, Chennai, in front of a big gathering of Maritime professionals and other dignitaries.



>ICS-Uk's East India Branch-loacted in Madras ICS-UK's East India Branch located in Madras(i.e.,Chennai) celebrated their 19th annual day concluded with dinner on 13th Dec 2014. There was a huge gathering at the venue. The chief guest was Capt. Suresh Amirapu,FICS, and Guest of Honour was Mr.K Chidambaram. The Institute felicitated Capt K. Vivekanand, a veteran maritime educationalist for his service to the marine community for 50 years and continuing.

The ICS Membership sincerely thanks all those who attended and made the event a grand success



>Salvage & Wreck Removal Conference Salvage & Wreck Removal Conference takes closer look by Institute of Chartered Shipbrokers East India in Chennai

On July 10, the 3rd Annual Conference on Salvage and Wreck Removal in India was held in Chennai at the plush Taj Connemara Hotel. The event was presented by the Institute of Chartered Shipbrokers (ICS) and event well managed by Hinode-events

Capt R Venkat- Chairman of the ICS-East India Branch- welcomed delegates to the first of a kind conference in Chennai. Seminar Convener and master of ceremonies Capt KG Ramakrishnan, MD, Ben Line Agencies (India) - pointed out that most people don't know much about salvage until a mishap occurs.

The first session in the morning - The ever increasing complexity of Salvage and Wreck Removal - was chaired by Capt R Venkat. Speakers and on the dais were Mr. Bas Wiebe, General Manager, Singapore, SEMCO Salvage & Towage; Capt. Farhat Imam, COO, RESOLVE Marine Group; Capt MK Sinha, Deputy Conservator, Chennai Port; Cmde (Retd) S Shekhar and Capt L K Panda.

Cmde S Shekhar who is the Regional Director of the National Maritime Foundation and Secretary of Navy Foundation in Chennai and the Convener of the Maritime Strategies Panel, Southern Regional Council, FICCI. In his speech Cmde S Shekhar said India needed to get its act together and invest in salvage equipment and training.

Capt LK Panda, Nautical Advisor to the Government of India from Director General of Shipping Mumbai made the keynote address. Revealing that 75% of accidents occurred outside port areas, he called salvors as problem solvers rather than treasure hunters, pointing out that salvage equipment was very expensive and was related to ever-increasing vessel sizes. He felt that the Indian Merchant Shipping Act needed massive amendments to deal with modern salvage, and that firms should be encouraged to build assets for this purpose.

Mr Wiebe addressed the difficulties associated with salvage and removal of wrecks and went on to speak about his company. Capt Imam spoke of the factors and regulations in India that affected salvage. The gathering had the privity to the salvage of Indian naval submarine INS Sindhurakshak. Capt Sinha spoke about Chennai Port operations, emergency towing vessels, legal proceedings and their implications.

Second session - Salvors' and an adjuster's perspective- had in the Chair, Capt KP Rajagopal, Vice Chairman, ICS (East India Branch). Other panel members included Mr. Chandran Mathavan, Director Commercial (Asia), Titan Maritime (SEA),

Singapore; Mr. Alex Pinto, Director, Charles Taylor Adjusting/RHL; and Capt Oniel V Dhir, Dy General Manager Operations, GOL Salvage Services.

Mr Mahadevan spoke about the "Escalating Costs of Wreck Removals" with case studies.

Mr Pinto presented an interesting historical perspective on the differentiation between towage, salvage & wreck removal, and Capt Dhir's presentation focused exclusively on "Law of Facilitation for Wreck Removal in India."

Post lunch, Third session - "Legal and Commercial" - was chaired by Capt AK Bansal and hosted a presentation- "Places of refuge and dumping at sea: where practical meets legal"- by Mr Dominic Johnson, Partner, Singapore, Holman Fenwick Willan LLP and another on "Loss prevention issues in relation to groundings" by Mr Chris Adams, Head of Loss Prevention, Steamship Mutual.

The fourth session on 'Case Studies: Salvage operations in challenging situations', had, in the Chair Capt Kapil Dev Bahl, Director, Murray Fenton India. Speakers included Capt Seva Vadiveloo, Senior Salvage Master, SVITZER Salvage, who spoke on 'Wreck removal with a difference; Mr.Hemant Phul, Operations Manager, Singapore, SMIT Salvage; and Capt JP Menezes, CEO, Menezes and Associates, who presented on "Administration Investigation in to a CTL and the SCR experience of a salvage."

In his concluding / summing up address Capt LK Panda Nautical Advisor suggested to ICS EI to take up the issues of problems faced by Salvors in an appropriate manner and DG shipping would support the resolutions. And accordingly ICS East India branch would take up with the Government for relaxing the customs norms

A vote of thanks was proposed by Capt V Ganeshshyam, Secretary-ICS.



SEMINAR ON ARBITRATION & MEDIATION IN SHIPPING ICS –EAST INDIA BRANCH CONDUCTED SEMINAR ON ARBITRATION & MEDIATION IN SHIPPING

The Institute of Chartered Shipbrokers, East India Branch conducted it’s Seminar on Arbitration & Mediation in Shipping on 05thApril 2014 at Ramada Chennai, Egmore.

Mr.Ravee S.Tittei, FICS, (Treasurer) was master of ceremonies and introduced the Chief Guest, Guest of Honour , Panelists and others.

Capt.Venkat, FICS(Chairman) welcomed the Chief Guest Justice Mr.M.Jaichandren, High court of Madras,Guest of Honour Mr.TonySwinnerton, Lawyer,UK, Panelists, Ms.UmaRamanathan, Mr.A.J.Jawad, Mr.N.A.K.Sarma, Capt.S.Pullat , Mr.JoyThattil and all the Members and Guest at the Seminar.

Mr.Jaichandren, High Court of Madras, appreciated the activities of The Institute of Chartered Shipbrokers and emphasize the importance of Mediation and pointed out that the present volume of pending cases at the courts and the time duration which may take more than 100 years for the completion/settlement.

Mr.Tony Swinnerton, Lawyer, UK briefed about the Cross border disputes, enforceability of CPR, confidentiality of Mediators, Limitations in section 33A(2) Act 1980,advanges of Mediators, problems ins litigation, the effectiveness of the Mediation , the Mediation vs Litigation, refusal factors, effectiveness of ADR, Jackson report, cost effective etc., with the proven case laws.

SEMINAR ON ARBITRATION & MEDIATION IN SHIPPING

Panelist Ms.Uma Ramanathan, briefed about the importance of third person(Mediator) and touching he various points with regard to the discussions that should be a dialogue oriented and not the monologue, more appeals make more hatred, everybody is equal at the negotiating table,etc.,

Panelist Mr.A.J.Jawad, briefed about the importance of Mediators role and touching the various points with regard to the delay and cost are inherent , it is a win win concept with a story of six blind man etc.,

During Q&A hour, many questions have been raised by the Shipping Industry /Advocate invitees and been answered by Guest of Honour/Panelists.

Mr.Tony Swinnerton, Lawyer, Uk briefed about the procedure I and II of Arbitrators with regard to LMAA 2012terms, hearings, security, cost and appeals.

Panelist Mr.N.A.K.Sarma,briefed about the importance of time, cost, written agreements, selection of Arbitrators etc.

Panelist Capt.Pullat briefed about the importance of doing business t with a clean mind without landing up in argument and pulling on for a longer period, about act of God, some Case laws, cost/time involvement etc.,

Panelist Mr.JoyThaittil briefed about the role of Arbitrator’s involvement especially after the year 2005, cost and time involved, educating the Arbitrators , the importance of settlement of disputes before the Arbitrators and Mediators and finally covering the grey area of conciliation.

During Q&A hour, many questions have been raised by Shipping Industry/Advocate invitees and been answered by Guest of Honour /Panelist.

The Seminar was well attended by Invitees &Guests from Shipping Industry, Advocates, Trade/Maritime/Law Inst. Capt.Ganeshyam MICS, Secretary of ICS, East India branch delivered vote of thanks. Seminar on Arbitration and Mediation was concluded with Lunch


18TH ANNUAL DAY ICS – EAST INDIA BRANCH CELEBRATES 18TH ANNUAL DAY

The Institute of Chartered Shipbrokers, East India Branch celebrated it’s 18th Annual Day on 14th December 2013 at Hotel Raintree ,Chennai.

Capt. T. Madhanmohan, MICS, Member EC, was master of ceremonies and introduced the Chief Guest,Guest of Honour & others

Mr. S. S. Narayanan, MICS, Member EC of the Branch welcomed the Chief Guest Hon’ble Mr. Justice V. Ramasubramanian, Judge, Madras High Court, Guest of Honour Mr. KRA Narasiah, CME-VPT(Retd), Historian. Dr. Capt. S. Bhardwaj, FICS, Mr. M. Jagan FICS, ICS Singapore and all the members & guests at the Annual Day Celebrations.

Capt. V. Ganeshyam, MICS Secretary of ICS, East India Branch read the Branch Report. In his Branch Report he briefed the activities of the ICS, East India Branch. He congratulated the students who have passed the recent exams and became Member of Institute of Chartered Shipbrokers. He mentioned the seminars conducted by ICS till date for the welfare of the Shipping Trade & industry. The Secretary also mentioned that Membership to this Institute is valid only for a year & renewable on yearly basis by paying the Annual subscription.

Capt. R. Venkat, FICS Chairman of the ICS, East India Branch once again welcomed and thanked the Chief Guest,Guest of Honour, Members, Families & invitees. He also mentioned that due importance to the branch in the ICS international arena was made during the recent Controlling Council meet at Vancouver and efforts taken for overall improvement of the ICS, East India Branch.

Mr. KRA. Narasiah described the active role of Tamil merchants in the world history for their contribution in developing sea trade.

The Hon'ble Mr. Justice V. Ramasubramanian, Madras High Court, Chief Guest, appreciated the activities of the Institute of Chartered Shipbrokers and the efforts in bringing professionalism to Shipping industry. He spoke in detail, the history of Merchant Navy to till date with regard to trade, ship types, technology, environment, etc

Capt. S. Pullat FICS(Retd), the founder Chairman felicitated Dr. S. Bhardwaj’s on his achieving Doctrate & contribution in the marine industry.

Dr. Capt. S. Bhardwaj .FICS, appreciated the Institute’s contribution in bringing professionalism in Shipping Industry and thanked the Institute for his felicitation

Membership Certificates were issued to those who had passed the qualifying exams and also to those promoted to Fellowship of Institute of Chartered Ship brokers.

The occasion was well attended by invitees & guests from Shipping industry, Trade & Maritime Institutes, Indian Navy etc.

Capt. KP. Rajagopal, Vice Chairman of ICS, East India Branch delivered vote of thanks.

18th Annual Day concluded with cocktails & dinner.


Interaction session

Mr. David Barrett, Education Manager and Mr. Jeremy Owen, Customer Service Department from Institute of Chartered Shipbrokers, London were on two days visit to Chennai. On 15 Oct 2013, the ICS East India Branch had organised an Interaction session for ICS registered student members with the ICS UK officials. Mr.David Barret briefed about the global value of the ICS Courses offered and procedure followed in conducting the courses.

Annual General Meeting Annual General Meeting for the year 2012-13 of ICS East India Branch held on 13th Sep 2013 and various activities and Accounts Statement were reported to its members and subsequently new office bearers for the year 2013-15 were elected.

Hon.Minister Hon.Minister Thiru G K Vasan inaugurates the International Seminar on 18.11.2011

International International Members – Ics International Members

International Souvenir from ICS UK

International Souvenir released by Hon.Minister Thiru G K Vasan

Spacer