Ezine Real Challenges of Today by Marex Media Pvt Ltd

AMICIE – Associaon Of Marime Internaonal Commercial Interests & Experse

Amicie has been inspired by "amiicus curaie" or "friends of the court" was formedin‘17 andregisteredassocietyin ‘18asathinktankcumacvistbodyto work in cooperaon with Government departments and shipping -logiscs industry to improve statutory framework and promote eﬃciency and transparency to bring about best commercial pracces in marime sector to supportexportsandbalanceimports.

Following events were held to focus on and obtain desired results:

1. Indian Tonnagegrowthfor wars/embargoes and Emergency response under NDMANaonal Disaster Management Authority on5thJune2021

2. Revising the Roles &Responsibilies of Pilots (in the wake of EVER GIVEN) on 17th July2021

3. Call for Unfair Contracts Act on 19th March 2022

4. Sanjeev Bhandari Memorial lecture on MarineInsuranceon7thMay2022

5. Seminar on Increasing India’s Logiscs Compeveness at Chennai on 3rd Sept 2022 which included an Experts Commiee headed by Sri Sivasailam, ex-SplSecy Logiscs, GOI. The report of the commiee based on suggesons of the eminent speakers has been sent to various govt depts.

Apparently, Logiscs Bill suggeson has aracted aenon in the diﬀerent Govt ministries and we understand that Ni Aayog has taken cognizance of these as acve inputs fromMariner/Shippingforums

We have drawn aenon for the need to rafy Convenons like HNS, CLC and Oil Fund to obtain polluon Compensaon and enforce Volume Gross Mass VGM under SOLAS to improve safety of cargo in transit on all modes with proper packaging, live tracking of dangerous goods, auding of port operaons etc to all concerned ministries. A submission wasmadetoBIMCOonStandardCharterParty Clauses.

Capt R Venkat President

EXECUTIVE COMMITTEE

Mrs Vinita Venkatesh Vice President

Hareish Manaadiar Secretary

Capt Neel J Nair Treasurer

Capt SureshAmirapu Exec Comm Member

Capt KN Ramesh Exec Comm Member

CaptAnuj Chopra Exec Comm Member

Capt Pankaj Kapoor Exec Comm Member

Dr Bijendra Saxena Exec Comm Member

Dr Purnendu Misra Exec Comm Member

Capt Mohan Naik Exec Comm Member

Pradeep Kumar Chawla Exec Comm Member

Capt Gautam Ramaswamy Exec Comm Member

Capt S Patnaik Exec Comm Member

Capt Rahul Choudhary Exec Comm Member

, Ravindra Natya Mandir, Prabhadevi, Mumbai

MARINERS’WOESandWELFARE: WEHAVECOMEALONGWAY!

HAVEN’TWE?

Really?! From Shanghaiing -picking up drunken wayward ones from bars near ports for long voyage, to Sailor Mongering to NO SHORE LEAVE?!Sllbetweendevilanddeepsea,ain’tit!

Aer head-loads, wheels -inially for poery, and animal drawn carts ashore had helped move goods and trade, papyrus, dugouts, canoes, catamarans and other watercras it were, that crossedbrooks,rivulets,avons,ponds,lakesetcto take people across with goods as gis, exchange and for trades Aer Gondwanaland, Pangaea (preceded by Pannoa, Rodinia, Columbia (Nuna) andseveralothers)formedbyGondwana,Balca, Laurena & Siberia), it was wandering sailors who crossed Straits, Channels, Bays, Seas and Oceans drinking urine for therapy, eang live ﬁsh, turning cannibals when no alternave, going forward to French loo to ‘heads’ hanging over-side and `thunder box’ a over stern, and what not, sillily, with fait accompli, to transfer people, goods and trade with them. True too that Naval might with sailors is what helped colonisaon and all else thereaerusheringinpeaceandprosperity!

Tracing relevant history brieﬂy helps highlight humanisc paths traversed, ending in lurch though! So the call on the concerned is to take correcve measures, whilst quong realies like: a ‘third of the world will starve, another third freezeandtherestgodark’,ifnotformarinersand ships. It was sailors who linked connents, drew civilizaons closer –dasavatars for one- with cultural exchanges, helped transfer resources, correct religious misgivings on Galileo -geocentric to heliocentric, and evoluon well proven by Darwin, helped colonizaon & migraon,

globalised-digitalised(withMorsebeforeIT)trade from homely locaonal advantages to manufacturing with supply-demand on economy of scale, driving consumpon, employment and wealth -its surplus driving bourses, creavity and infotech linking many languages, developing insurance -its lingo itself- to cover all risks of marine adventures; Rhodian GA a marvel Master Stroke!Cogitoergosum;SummumBonum:Iexist, Iamforsupremegood.

Itssailors’intuivenessthathelpedmaptheworld from flat, rotund to ellipsoidal with circular rotaon around its axis but ellipcal perambulaon of its energy source Sun in solar system and cosmos of me space in Milky Way, with billions of galaxies around, naming stars by the fixed alluring shapes displayed in the firmament, calling on them for navigaonal guidance with Pole Star as excepon in its steadiness. Not to forget to credit them for the foundaon of GPS with coordinates for mappinglocaondirecons!

Sailors it was who shied Spice Trade aer fall of Constannople in 1453, Columbus not geng it right with `West’ Indies, Vasco da Gama making the home run helped by an Indian across Arabian Sea, Tamils trading with SE Asia, not c o n q u e r i n g /c o l o n i z i n g b u t s h a r i n g resources/wealth; Castrated Zhen He in Asia, Magellan circumnavigang! Mariners navigang on dead reckoning, charted the shallows, learned about currents, des, climate, seasons, weather paerns,ossifyingallinfoforsaferbeerlivingfor allashore.

Auteurs they have been and are, scripng history of civilizaons, as life born in water, migrang ashore as amphibians, with 70% water in their bodies,surprisinglysameaswatersurfaceareaon mother Earth, evolving from quadrupeds, monkeys and apes to Neanderthal bipeds as homo erectus, sapiens and what not, turning agrarians along water sources and eventually specializing in all ﬁelds and acvies to share resourcesanditsvariableusageprosperinginand with very many developmental processes, connuing discovery, invenons and innovaons across connents; sadly hydrogen, and atom/nuclearbombstoo!

Bere of expedions, ﬁndings of Darwin and log books, history would be just imaginaons as in movies!

Sailors, boatswain/bosun, chippy, ndal, khalasi, topass, stoker, oiler/greaser, pumpman, blacksmith, cook, steward, apprence / trainee / cadetetcwereallmarinersscripnghistory;fairer genderlatertoo!

Of course, we have come a long way with the industry that is very cauous. Again, it was a third party intermediary viz: ICS: Internaonal ChamberofShippingthatstartedsengupsafety pracces like Code of Safe Working Pracces, ISGOTT etc even before the industry was ready One might blame commercial interests; but they too have got into the act to beer provisions with Charter Pares clauses, steadily improving over the decades. Using the latest CP versions and inserng newest Clauses from Bimco and such orgs are a must, instead of scking to ‘last done’. Moisture content of cargoes and other speciﬁc and special requirements must be taken into account.Bauxiteanewone!

Oars and sails it was to start with and looks like it may be beer to revert to them, to save earth from global warming from the heat and carbon exhaust of the fuels from dregs of reﬁning. Astounding is the low percenle -compared to machines ashore- that ships pollute for which CII isabanechasingbeeroponsthatdon’tseemto be easily available as yet, unless nuclear fusion is considered!

Recall the days when Canaray birds were used for enclosed space/tank entry and tankers were cleaned without any safety checks and equipment, let alone awareness of need for oxygen! If eyes watered one had to come up, else connue ll it would! If one felt dizzy as if drunk, extricang chance was remote. How many would have lost lives or been inﬂicted with terminal illnesses?Countless!Indeed!

Performingvoyagewithoutdeviaonwithutmost despatch is expected. Underperformance claims on Deadweight, Cubic, Speed, Fuel usage etc can arise; must be expected and proper authenc log book entry proofs preserved. Witness statements of accidents will come handy to defend or reduce claims too. Despite Master’s duty to priorise safety in choice of routes per HILL Harmony (HL ordering owners to compensate), compulsion to cut cost by users chasing Speed & Fuel usage on Time charter -in charter chains- causing claims/ligaons over decades have led to Weather Routeing and Voyage performance analysis by independent pares, applying Brian Williamson method etc have come to be pracsed.

About 250yr old Class was created for safety standards to assure Hull policies (H&M of machinery later), 1836 “de Vaux x Salvador” denyingclaimofcollidedshipforcingformaonof Clubs to cover unknown & unknowable risks of areas they traded to, mutually extended with reinsurance also. However it did take long while before Owners (no managers then) with Clubs Protecng and Indemnifying starng to `cover’ crews only aer major heavy ﬁre disasters with

highlossoflifeinmid1800s(SSARCTICetc).

Too much in one go? Yes, indeed! History is embedded in jobs, professions, careers and professionals Preceding lest newcomers, youngsters and most of all, landlubbers fail to grasp what seafaring is and what MARINERS are about! That’s why Sailors need be treated for theirworthascogsthatengageanddrivealmost everything that moves all else. Hence this call to stand up for rights: SHORE LEAVE and all such else that is denied unfairly, perhaps restoring to gheraoing authories and unavoidable strikes. For, it has reached dead end; employers, managers and unions failing to deliver with the sad example of Indian mariners on Indian ships in Indian ports not allowed shore leave, treang themaspariahs,asif!

while adjusng sails, mariners have been sacriﬁcial lambs for success of marine adventures to sasfy greed of trade, colonists and rulers. Didn’ttheystop/controlleakswithplugsandeven rivetsonshipside?!Lestforgoen,herearefew:

Designs based on single point later improved to mul point opmizaon, margin between scantling and design dra etc are good enough, but not based on historical wave data as average wave heights have doubled with worsening intensity of seasonal bad weather and cyclones/typhoons/hurricanes etc and rogue waves -oﬀ South Africa- have become more frequent and observed in many other areas too. Isn’t it me that Load Line Rules for Freeboard arerevisitedorletsailors’livesbepawnsintrade greed? Aer Plimsoll’s 1876 LL, Robert La Follees’ Seamen’s Act was called Magna Carta ofSailor’srights!

Going back in history, let few words from sailor related lingo, speak for themselves! Sailor mongering was looking aer sailors well, aer voyage in port, to tap their skilled experse for nextvoyages.ItneedberecalledthatwhenIndian marinersmadeforaystoshipsunderforeignﬂags, they indeed were well taken care of, such that they were plucked from Seamens’ Club and thereabouts cannily at premiums. Few more to highlight: To be a good sailor: not seasick. Sailors blessing: of lime juice to prevent scurvy; Sailor on the seas, Sailoress, Blue Sailors, Sailor’s waiter/wife/town; sailor’s welcome Arch etc too. Don’t be stuck between charted and uncharted! There are more with catches in them & stories behindtoo.

Having run through historical shots enable linkrecall of arduous risky services rendered over centuries, it is meous to demand ‘labour’ status with those ashore provided with beneﬁts and compensaons, if and when ill luck strikes -as it would occur when least expected and provided for- that is more relevant in marine adventures per Murphy’s law Like sailors falling oﬀ rigging

Had designers, builders, class etc lacked imaginaon, wisdom, intuion etc in the build to trade process ll they grasped and learned aer losing ships and lot of sailors’ lives? Heard of a shipthatwenttoscrapfrombuilder’syard?Global Dream II for one! VASA a Swedish warship sinking in 1628 the second! Japanese Navy’s TOSA sculed in 1925 aer weapons tesng use, following’22UStreaty,yetanother!

AerWWIILiberty,SD14-22,Freedom,Boxships, Conbulker, RoRo etc moved from general cargo to grain,heavyliwithJumbosetcllspecializaons created speciﬁc ones, albeit laden one way only, ballasng on return or reposioning vide triangulaon etc. ‘70s were disastrous for tankers and later ‘80s for bulkers with series of accidents, explosions in OBOs, disappearing without trace (OBOs were disconnued, coming alive later in new millennium only) ll Marpol and its all safety measures were in force (many ‘70s new building tankers opng for Marpol features well in advance); with less freeboard bulker

foredecks/hatch covers etc needed to be strengthened for blue water loads and against deep pitching in cycles. Uniﬁed Rules from Class a ﬁnalbigreliefforallinvolved!

Grain carriage rules from ’60 were disasters boundtooccur!Thecostsaving(tradefacilitang) of ‘60’s one in force in ’65 -called only for centerline shiing boards, feeders in hatchways, saucers and the over- stowing bulk grain with baggedgrainorothersuitablecargo.Severalships werelostwithlivesaboard,as’60Convenonhad underesmated amount of `sinkage’ -though geometrically voids formed could be very largewith overreliance on feeders to eliminate underdeck voids, not adequately -considering grain shi potenal. Thankfully, the ’69 Grain one that is more praccal and economical were reliefsome. Even then the F&A top spaces next to hatch-coamings above bulk cargo have been said to be prone to void problems, calling for proper loading/trimmingtowardstheﬁnish!

principles. The island of Rhodes in Greece is historically given the credit for having the ﬁrst set ofrulestowardsanorganisedmarinetrade,

In The Free Sea (Mare Liberum, published 1609) Grous formulated the new principle that the sea was internaonal territory and all naons were free to use it for seafaring trade. Grous, by claiming 'free seas', provided suitable ideological jusﬁcaon for the Dutch breaking up of various trade monopolies through its formidable naval power(andthenestablishingitsownmonopoly).

Polluon Prevenon (Compensaon vide CLC & Fund later) later aer Torrey Canyon in ‘67, Electrostac risk realized only aer Dec’69 explosions on VLCCs Marpessa, Mactra & King Hakoom VII while cleaning centre tanks; Faulng pilots/port aer Sea Empress at Milford Haven; Double hull only aer Uncle Sam mandated, though it should have been foreseen by Naval Archs/yards/Class that single hull puncture will pollute! What all accidents and bad pracces unreportedllmonitoringtookroots!!

Amalfi in Italy was the first to create Marime Code“TabulaAmalfitana”(AmalfianLaws)in11th century to regulate shipping and trade in the MediterraneanFromthecodesofHammurabiitis seen how basic rules of society emerged. And these codes were constantly updated and kept with changing mes. There were no wrien marine laws as such and the merchants and masters made their own rules and general

Three noted codes of marime law were formulated in Europe during the three centuries between A D 1000 and A D 1300 - one, Il Consolato del Mare, which was adopted by the ciesontheMediterranean;thesecond,theLaws of Oleron, which prevailed in France and England; and the third, the Laws of Wisby, which governed the great free cies of the Hanseac League on theBalc.UNCLOScameintoforcein’94only IMO(IMCOaspecializedagencyofUNestablished in ’48) becoming acve in ’58 sans its own research labs and facilies, so much so that Marpol ’73 over-scribed as ascribed by ‘78TSPP cameintoforceonlyinOct’82aerTankermajors researched to introduce inert gas! Wasn’t mandang IG on 8000dwt from 20kdwt on a late learningcurve?Isn’tswitchingfromIGtoNitrogen (78% of air) overdue on all tankers (for electrostac risk avoidance), saving on fuel usage/polluon,CIIetc?

GRT & NRT based on Tween decks as ‘uppermost connuous deck’ on cargo ships (with doors betweenthem)andaTonnageHatch,wasliterally a ‘magic’ formula soluon from technocrats to save port costs, unl Suez, Panama etc calculated their more sensible separate ones, compelling belated ’69 Rules albeit with grandfather clause, ﬁnally in force in ’82 only, no? If Corinth could be carved out, why not Kra to decongest Singapore Straits and a new sea level Canal through

NicaraguabetweenPaciﬁcandAtlanc?

As if sailors are indeed disposable, weren’t selflaunching Life boats and Life Ra at fore length, aer thoughts? From right aer Titanic, every new safety provision from design improvement, equipment viz SART, EPIRB, AIS, special features etc, right upto STCW and ISM, have all been aerthoughts,isn’tit!?

DonotethatproperperusalofMaintenanceReport realiscally,PassagePlanningetcbyship-managers are expected by the Insurance industry, of late denying insurance claims and GA contribuons!

Case list gists inserted/referred may please be learned about (Shipping and Law -a Handbook published by Marex Media, autored by Capt R Venkat and S Pullat uploaded by MUI with free accessisavailableonthenet).

MAERSK HONAM disaster should have been a wide-eye opener no?! All and sundry from designers, builders, yard, shippers, terminals and IMDG categorisaon were found at fault by Flag Sate enquiry; but apparently not punished with Mastercarryingthecanforallindeed!

Huge size of box carriers, worsening weather, suspect securing with twist locks are twists and turns in phenomenal trade growth on JIT delivery withallriskscovered.Itisindeedpastmetorevisit container trade safety parameters -with Class too commercially oriented- in the wake of recent disastersoﬀIndia.

It has been relieving to note that those ashore includingownersandManagershavebeentakento taskunderISMandthelike,somecallingfor`Safety Culture’ as if it was never there (owners and managers forcing mariners to take shortcuts (overloading - when change of applicable load line wouldoccurwellfarawayfromload/disch/enroute ports, incorrect entries about ER bilge water, cargo oily residues etc, Supdts gaoled for `magic pipe’ and crew rewarded for sneaking)- with Safety of Life as the main priority aer TITANIC through SOLAS etc. It is pernent to note that per US CFR 151.11 (1) (a) oil/oily discharge are excepted for emergencies ‘for the purpose of securing the safetyofaship’too!

Have sailors including Master -alter ego bearing all risks on behalf of one and all in owning/operaons and trade chains, with risk of incarceraon toobecome truck drivers? Yes Car to Cale Carriers with Heavy Lis as specials! Shore planners deciding stow on box ships, Master accepng with awareness; VGM and IMDG compliance poor; DGS having outsourced to many to verify at stuﬃng, no audits but; a risk indeed on all mulmodals!

Master for and behalf of all in chain could be held responsible/liable,takentocourts,ashehastosign BLs`aspresented’(persomeCPs)butwithremarks on`apparent’condion,anddoesauthoriseagents to sign BL on his behalf!! Heard arrest of Master on LORDBYRONforbagsofsugarintonnesinBL?!

Containers lost overboard with risk of liability on last linked as culprit, on sunk, sinking, ﬂoang debris,colliding&washedashore,chasingshipand box owners, lessors, lessees, NVos, cargo interests, carriers as suspected pares causing disasters and damages and claims thereof far way, can be at risk of acons by long arm of the law as interpreted by powers that be, for liabilies!! Increasing size of ships and risks in heavier seas at higher speeds are endangering the seas and beaches where they washashore.

Can Master and others be held personally liable for accidental occurrences alleging negligence of dues? As bargain chips indeed! Those ashore like DPA too? Not hoisng ﬂags at night a disrespect?

Stepping on jey to read draught marks a crime, to be shot at? Recalling arrests of mariners of HEIBEI SPIRIT and TOSA on allegaons and suspicions by Korean and Taiwanese authories, violang IMO guidelines and internaonal principles and pracces, and their subsequent releases aer concerted eﬀorts by Indian professionals, high

moisture content in ores in 2012 in Mangalore in AsianForestandTongHai,etc etcshouldconnue ringingalarmbells.

Incidentally exempons for perils of the sea in COGSA and related Laws, are cargo related for perils of the sea and their related risks! Appearing and vanishing micro-isles in Paciﬁc a real `perils ON (not yet recognised or accepted in law) the seas’! NIMBY atudes with its aendant risks to mariners, to any occurrence oﬀ coasts yet another!

Do note that Roerdam Rules (that didn’t get raﬁed) was aimed at carriers bearing full liabilies, as the subrogaon of claims amongst insurance sectors -mainly of box ship much delayed cargo claims with much LCLs and internaonal paper chase beyond reckoned premiums!

operator and management competencies, aﬂoat and ashore including superintendents and Naval architects for negligence or ignorance (not ﬁt for purpose: jobs) as insurance sectors passes the buck?! Huge numbers in India should enable obtain basic cover at low premium for Group policies,withadd-onsasnecessary!

Regional/naonal variaons from IMO codes and rules, rafied but with secondary legislaon overrides,arerisksthatwillnevergoaway,aseven on innocent passage through territorial waters or close to it, as drones and satellites can trace and pinpoint defaulters lacking compliance culture. Safe and minimum manning a threat, should one abscond or runaway! Need èxtras’ that tend to cale etc do basic STCW courses prior joining! Piracy -common during colonisaon- cover is anewandlike`War’,mustbetaken,availablefrom West of England, including Ransom etc with oponformarinerstogetoff,ifneedbe!

Does CBA, MLC, RPSL etc cover Mariners well? Caveat emptors and venditors! ITIC’s and BIMCO’s notes on SHIPMAN24, CREWMAN etc need be well grasped and acted upon. Do note that like non-IACS cheap CLASS, Club entry cert is available to avoid port entry refusal, minimum cover -assigned, co-assured etc to meet minimum basic employment/trading/chartering requirement/compulsion. When two or more pares take cover under same entry, the terms & rules may not be idencal, seamless & default proof! 20 Feb renewals, auto too- premia paid of course, can turn worrisome! Wreck Removal Convenon (not just for protecng ancient/oﬀshore wrecks) had to be instuted, as Clubs oen took a stand that `not all wrecks impede safety of navigaon, and so no need for removalattheircost’

Owners-Managers abandoning mariners for their unfriendly evidences in courts -if their Clubs feel so- is a sound reason for professional lapse cover for all! Calls for professional insurance cover for

Issufficientmeprovidedforhandingover/taking over, especially for operaon / management relieving cadre? Are special ‘experience notes’ of èxperse’ of the ‘leaving ship’ handed over when handing over to newcomers? Apart from briefing onzoom(?)and/orvisittomanagementoffice,are familiarizaon courses compelled as need be? Is sufficient rest period aer long flights -to avoid fague-anorm?

Whilst MUI’s child birth delivery is an extravagant cover for the well-paid, hospitalizaon on leave/aer rerement though `mariner’ group policies, defensive Legal cover to defend t h e m s e l v e s a s m i g a o n w h e n

Clubs/owners/managers abandon them as unfriendly witnesses, high and dry, proper RPSL implementaon under newer MLC, Reserve Fleet, Emergency Fleet, Gender Parity etc remain to be focusedandaddressedbythesystem.

Mariners’ProfessionalGuild

SOSREPhotbedding

Caselawgists:Stowawaycare,

Safe manning exempon for short voyage, granted only aer proper veriﬁcaon? Dio with Class playing god for post damage voyage for repairstoanotherport/area?

Aren’t there minimum standards/sizes of accommodaon spaces on ocean going ships? Time to house mariners properly, having lived through pigeon holes, spaces vented by venturi eﬀect and without fans, hot-bedding but sharing cabins with Acon as a late gesture! Accommodaonatthebowasinrareoddshipson LASH?! Bet that Naval Archs and designers have neversailed;testthemwithtrialrunsplease!

Kudos to Indian Shipmanagement that garnered overseas and FOC clients to build substanal growing market share from the ‘70s with well trained, dedicated seafarers: crew, Navigang oﬃcers and Marine engineers, ensuring a steady healthy forex remiance source. It is more of qualitybasedthannumbersgameforourcheaper competors.Cheerstoallthatbuiltandshoredup thesectoraﬂoatandashore.

age As for gender equality infusion, let the number of daughters and daughter-in-laws at sea ofseniormariners,speakforitself!

Thereisneedforlegalawarenessandreadinessto defend by those sailing, as the ones ashore have such resources on call. Now that all organisaons have websites, relevant links and info must be given to all ships at sea to update them connuously with the latest evolved pracces including dangers risks of detenon, arrest and criminalisaon for professional failures under dutyofcare.Entry/accesstoships:Gangway,Pilot Ladder, Billy Pugh basket, proper food, rest periodssupervisionofsafeoperaonsetc.Master of Newnew Polar Bear arrested in ’25, 2yrs aer draggedanchordamagedgasandtele-cable.

A good reason was smart intakes in training ships and instutes of commied youngsters for seafaring as a challenging profession, coming ashore in responsible posions aer swallowing anchors.

Graduate Engineers opng sea career did add valuetoShipmanagers.BScNaucalScienceaer ‘80scrashdidhelpintakes,thoughbrandingperse with degree for seafaring with specialized professional competency, isn’t easy. It enabled higher educaon before Master’s competency wasrecognisedasdegreebyBombayUtyandIMU later. The current concern is whether the right commied youth group is being aracted for seagoingjobs,astheyhavemanychoicesatyoung

Relevantinfoofcircularsbackedupwitheducave notes on H&M, Clubs, Flag State, PSC ﬁndings, Tanker and Right Ship vengs, plus `strange approach and atudes of ports in some countries’, must be forwarded to ships regularly without delay and such easily accessible digital libraries must be well maintained. Gist of These should help improve rangs and images of managers even under TMSA: self assessment of tankermanagers.

Case law gists of marine cases including old relevant ones may be referred to in a book “Shipping and Law –a Handbook” uploaded for free access (with case law gists updates) by MarimeUnionofIndia.

Another arcle ‘Hotbedding Shipping and Laws’ with case link links need be referred for more clarity

In the end, enabling smart seamen to become officers is the true test for good promove policies.ItisindeedsadtonotethatERRangsare denied routes to become officers. Would polyvalent cerficaon make a comeback is a correct concern when the industry is tending to

chaseautonomousships.Suﬃcetopre-emptsuch viewsbystressingthatitisinthelapsandhandsof marineinsurancealone!

Isn’t it me that broad band is made available to all ships well away from land so that they needn’t be le alone and aloof from families whilst the shore staﬀ are on whatsapp chats and groups all theme?

The following need be looked into with alacrity and correcve/implementaon measures eﬀected.

MS Act 58 sec 218 sick treatment beneﬁts. Sec 150: Tribunal for dispute between seamen / Employers.

Social security is diﬀerent from On board job entlementprotecon.

MLC06 is mostly to cover the FOC situaon and onboardforeigncrewduringacontract.

Social security is a connuous all inclusive family entlement.

Social security has nothing to do with criminalizaon or shore leave or rest periods Vs overworked and or performance assessment and workrelatedstress.

Whathavewedonesofaroverthedecades?

ProvisionsinMSACT2024

referred for limitaons of the applicaon system as the tle suggests! It’s on us professionals to improve the systems and its pialls, earmarked toserveourfraternity.

Recalling that Double Hull, ISPS, Alcohol ban were imposed by USA, can we go by US precedent on shore leave? Aer ports & terminals banned crew relaves’ visits, a court ruled that as conjugal right, sailors’ close family must be allowed to visit. Can we have that at leastwith`marriagecert’calledfor?

What about DAP: Drug and alcohol Policy?

Youngsters used to be aracted to sea only for cheap but good booze. Then came no alcohol at all!HowaboutDAPforallserving(pilots,agents), vising: port authories and those working on ships like stevedores (faulted carriers having to pay for injuries) for compliance like that of ‘No Smoking’?!

In closing, SHORE LEAVE issue alone is the right litmus test for commitment for those ashore to sailors. Frustraon due to shore leave denial is worse than fague due to lack of proper adequate rest periods. It’s a Mayday distress call withAyyayyookayedbyOED!Letusnotforgetto pay obeisance to all sailors who lost/sacriﬁced theirlifeforotherstoliveinbeerfedandlooked aerinprosperity.

Industry to Create Digital Database of sailors to provideshoreleaveinIndianPorts

Escortifnecessaryinsuspectcasesonshoreleave

PostalBallotfacilitytovoteinelecons

Are the large sums of collected for employing Indian seafarers on foreign ﬂags held in forex overseas, a corpus or usurfruct, as if for mely ulizaonordiscreonarydisposals!?

Openquerieswellreasoned;butreasonablemen are sll to be come across! Another piece: Crique on Laws, Shipping may please be

Amen;butnotbeforewewishmarinersonWhite and Blue ensigns too, sailing on mother Earth in Milky Way galaxy -running through Cygnus constellaon -near Andromeda Cenaturus, near Alpha and Proxima Centauri stars, in safe sailings with clear skies and stern winds and success in their responsible eﬀorts without sacriﬁcinglimbsandlives.

We may be reminded of the religion-less sailors’ trust: a place for everything and everything in its place; belief and faith from stories of ignorance, based on limited knowledge as in: a Captain praying to a glass of water at voyage

commencement; and a Mate peeking into a Captain’s prayer book and ﬁnding ‘port is to the le,andstarboardtoright’inhisnotes!!

P.S: Apart from Shore leave issue based on righul entlement, Right to Medical facilies onleavetoobasedonRighttolife,SocialSecurity as an obligaon, and Correcve punishment and ﬁnes by `administraon’ not to exceed considering `natural jusce’ and provisions in CodeslikeIPC.

Few Case Law gists for quick reference (only): Pl refertolatestjudgmentsobviangolderones!

In NORMAN 1960 HL had, holding that the owners failing to advise the skipper of their ﬁshing boat about a known uncharted rock and proper voyage planning, was privy, refused limitaonofliability.

In the grounding and loss of TIRRANA 1966, Norwegian SC had held that the State was not liable stang that failure of the light buoy was not“substanalandunexpecteddeviaon”from safetyservices.

MATCO AVON ‘68 grounding near Shah Allum shoal was said to be due to a fagued oﬃcer dosing oﬀ on watch aer hecc loading acvity inportearlier.

In EURYSTHENES 1976 Oceanus Mutual

Nantucket and Martha’s Vineyard oﬀ US East coast, US hydrographic oﬃce was not held liable since the survey was conducted using `state of theart’techniqueswhendonein1939.)

Swedish Supreme Court held Swedish Hydrographic Office vicariously liable in grounding of TSESIS in 1977 due to incorrect marking of rock on charts. (Earlier in an unreported case of grounding of QE2 between Nantucket and Martha’s Vineyard off US East coast, US hydrographic office was not held liable sincethesurveywasconductedusing`stateofthe art’techniqueswhendonein1939.)

Underwriters refused to indemnify owners alleging that the ship had been sent to sea in breach of seaworthiness warranted under Marine Insurance Act since she was not properly manned, equipped etc by failing to supply oﬃcers, charts, echo sounder, boiler etc. It was upheldbyHLasaclassiccaseof`turningtheblind eye’principle

In MARION in ’77 incident of vessel anchoring on sub-sea pipeline and causing damage, HL in ’84 heldtherighttolimitwaslostasownershadfailed to `manage` the ship properly. The Master had used an old chart despite an up to date one being onboard.

Venezuela held Tanker NISSOS AMORGOSS & Master in 97 for prolonged period under `suspicion’.

In EURASIAN DREAM a CTL (Construcve Total Loss in ’98) ECC held in 2002 that claimant cargo interests had proved that loss was caused due to unseaworthiness by failing to exercise due diligence through proper training, familiarisaon, instrucons, drilling in ﬁre ﬁghng, management systemsetc.

Seamens Manslaughter Statute (tle 18 Sec 1115 US Criminal Code) generally criminalises misconduct,negligenceorinaenontoduesby captain, engineer, pilot, manager, owner, operator, charterer etc and provides for fines & imprisonment. It was used to extract guilty pleas from pilot and shore officials aer Staten Island ferry mishap in 2003. Its history goes back to 1800swhenmanylostlivesfromboilerexplosions and fires. The 1838 Act was to demand utmost vigilance by aaching criminal liability and punish those responsible for negligence. The 1852 Act

that followed mandated safety equipment, hydrostac tesng etc and provides the basis for developmentofUSCGinspecons.

US 5th circuit CA ruled in PACIFIC RUBY that neither law of the flag doctrine nor UNCLOS (which US has not rafied) limits US government from exercising jurisdicon to prosecute violaons of US criminal laws commied in its ports. It is on this basis that falsified recordsincorrect log entries made regarding disposal of oilywateratsea(notinUSjurisdicon),submied to authories as proof of compliance of internaonal convenons are treated as criminal, andfinesandjailtermsimposedonshipcrewetc.

in proper circumstances third party might have rightagainstinterferingmortgagee.

USCG didn’t ﬁnd negligence evidence in ATHOS1 polluon in ’04 striking submerged debris on pilotage

In Parsons Corp &Ors V HAPPY RANGER 2006, owners(andClassalso)wereheldliablebyECCfor failure to exercise due diligence at delivery of a new Heavy li vessel, wherein the double hook conﬁguraon had been changed to single hook, and the failure to test the same had led to the accident as per experts. As the court was very crical of specialist owners, they argued –dispung that hooks were ‘loose gear’- that there was no need to run separate tests and they were entled to rely on Class/cerﬁcates issued by builder. It was ruled that the hook should have been tested under Lloyds rules as `loose gear’, to 122%of250TSWLplus20T,to325T.

Polluon caused by `grey water’ from galleys, laundriesetc(withhighcleaningagent(detergent, surfactant) contents –especially from passenger/cruise ships are subject to naonal, regional and local regulaons, especially in prisne waters near corals, tropical islands etc. These eventually find way into MARPOL (hospital discharge comes under Sewage treatment). Backed by Helcom (Helsinki Commission’s Convenon) Balc Sea is the first to be designated as Specialarea for sewage discharge. Major cruise lines have owned up and paid hey fines in US waters for non-compliance and false record keepings. Amongst other countries with similar concerns, Turkey (giving broad meaning to ‘any kind of waste’ including water from hosing down of Compass deck) had introduced prohibion against grey water discharges and fines against offendingshipshaveensued.

Bankers and Mortgagors may arrest to recover overdue payments and as an ulmate measure when the enterprise ﬂounders. That Bankers do notowedutyofcaretoobtainbestpriceorwhile arresng (with cargo) to dispose was ruled in Den Norse Bank V Acemex Management in TROPICAL REEFER 2003 by CA However, in obiter(para 28 of judgment 2003 EWCA Civ 1559) it was stated that

In TASMAN PIONEER 2007, New Zealand HC held thattheMaster’saemptstocoveruppoorseries ofdecisionsremovedcarrier’sabilitytorelyonArt 4(2)(a) exempon from liability under Hague Visby Rules. Good Faith from Master for liming liability apparently was a new demand, as in this case the Master acted enrely on his own iniave without contribung conduct from owner or charterer; the defendant was sub-me chartererwhowasfoundtobevicariouslyliable.

In 2007 Overseas Shipholding Group was fined 37m$ (27.8 criminal fine 9.2 organisaonal community service payments) for tanker polluonsbetween2001-06involving12tankers; another10m$finewasimposedinTexas.12crew weregrantedabout0.5m$eachfortheirrolesin blowingthewhistle.

In COSCO BUSAN striking San Francisco Bridge support in 2007 the pilot was convicted (US government also was tried to be blamed as the pilot had drug and alcohol abuse history) and

given prison term, and the shipmanager paid heavily for its shortcomings and post-facto acts inmanagement.CostsincurredbypilotofCOSCO BUSAN reportedly was reimbursed by the ship/operator as the pilot was employed by them.InCalifornia,vesselsaretoeithertaketrip insurance cover for pilot or defend, indemnify/hold him harmless in the event of accidents due to his negligence. Unlike elsewhere, Pilots in Panama Canal take over responsibilityfornavigaon.

In Trans-Tec V HARMONY, in 2008, US 9thCir CA enforced a US choice of law clause allowing bunker supplier to enforce lien against vessel in rem, for bunkers ordered by me charterer (Kien Hung)inanon-USport.(Suppliersprefer/insiston USlawasitisconsideredmoreinremfriendly;the best defence could be conﬂict of laws ensuring that applicable law (based on where contracted) doesnotenforceUSchoiceoflaw).

was given (against proceedings in another jurisdicon contrary to provisions in contract) but also damages in respect of loss of use of vessel during arrest against the party who had obtained detenon. In the end, insurer Axa Senegal was found liable in tort for procuring cargo interest’s breachofcontract,toarbitratedisputesinLondon asan-suitinjunconhadbeengranted.

In GEORGIOS M 2011 Ch Eng Mylonakis who had reverse sued owners for older magic pipe bypass ﬁngs (8 crew had blamed Ch Eng) was acquied byaHoustonFederalCourtjury.

Owners of polluon control vessel CASITAS in 2008 agreed to pay 2.8m$ through a consent decree, for damages caused to reef near North island oﬀ Pearl atoll near Honolulu, when v/l grounded in 2005. The 270GT vessel was cleaning debrisfromseabedundercontracttoNOAA Lok Adalat (kind of People’s court of Indian State Legal Services Authority) in 2008 decreed paymenttofamilyofadeceasedSeamanwhohad died in an accident on JOUDI; dependents had movedcourtasownershadnotresponded.

In KALLANG 2009 not only an an-suit injuncon

Owner of 245GT SATTHA was ﬁned by Cairns (Aust) Magistrate Court in 2011 for grounding d a m a g e t o G r e a t B a r r i e r a l l e g i n g unseaworthinessagainstshort-manning.

What is a ‘unit’ for the purposes of Hague Rules &Hague-Visby Rules? The carrier argued that the individual tuna pieces could not be said to constute ‘units’, because they could not have been shipped breakbulk (e.g. in a reefer vessel) without further packaging. Each piece was approximately 20 to 70 kg, and unpackaged. In The Aqasia [2016] 2 Lloyd’s Rep 510, Sir Jeremy Cooke recently held that ‘unit’ meant ‘a physical unitforshipment’suchthattherewereno‘units’ inabulkcargo.

But that did not address what was required for a physical item to constute ‘a physical unit for shipment’ Andrew Baker J declined to follow the reasoning of the majority and held that Arcle IV.5© does not require enumeraon of the cargo “aspacked” Itmerelyrequiresthatthenumberof packages or units inside the container is accurately stated in the bill of lading. In this case, thewaybillsstatedthatthecontainerscontaineda certain number of pieces of tuna. Each piece of tuna was in fact a ‘unit’ The waybills therefore accuratelyenumeratedthenumberofunitsinthe containers.

Calculaon of the limit: The judgment also

contains useful guidance on how the applicable limits should be calculated. The Judge held that the package / unit limit applies to each individual package. As such, if the limit is £100 per package and there are two packages in the container, of which one suﬀers £500 of damage and the other suﬀers £1 of damage, the claim overall will be limitedto£101(not£200).

ECC in ’17 held in Oldendorﬀ GmbH & Co KG v Sea Powerful II Special Marime Enterprises (Zagora) owners were entled to protecon of LOI as disport agent had acted on behalf of person namedinLOItowhomcargowastobedelivered. Samewouldhavebeenthecaseifownershadhad an honest belief that disport agent was acng on behalfofpersonnamedintheLOI,evenifthatwas notinfactthecase.

In CAPE BONNY Tankschiffahrts v Ping An Property and Casualty Insurance, wherein cargo insurers declined GA contribuon basis that Owners were in breach of contract for failing to exercise due diligence before and at start of voyage to make v/l seaworthy, as metal parcles were found present in lube oil system downstream of filters, ECC in ’17 found that history of crankweb deflecons showing increase to -0.28mm being unusual and so indicang abnormal wear -failure of prudent engineer to take bearing clearance measurements to check wear, was causave. Court finding that wear was most likelyto have been caused by metal parcles not properly filtered because of damage to filter mesh, concluded that it was not causave of the casualty Engine had relavely modest running hours, and crankweb deflecon readings on #1 bearing were well within limits. Notwithstanding that, Owners are obliged to have a proper system to monitor the informaon provided by the ship and were expected to spot the problem well beforethebreakdown.Theirfailuretodosowasa failuretoexerciseduediligencebeforeandatstart of voyage Owners claimed they were not in

breach of contract of carriage stang that main enginefailurewasduetosuddenandcatastrophic damageto#1mainbearing,ithavingbeencaused by metal parcles which were present in L O piping since the v/l was built, that these parcles broke off and ended up damaging bearing and it was not discoverable by exercise of due diligence. Insurer pointed out that the damage to #1 main bearing was avoidable as crankweb deflecons two months before breakdown should have alerted Owners to the problem as also trends in the lube oil analysis. Engine manufacturers reportedthatitmighthavebeenpossibletodetect the "maturing bearing failure" as a result of crank web deflecons. Expert for Owners giving evidence as to what would be expected of technical superintendent for Owners at the me when technical reports were sent in by Ch.Engr, was of the view that scruny of reports by technical superintendent or manager of v/l was not required unless C/E reported a problem, though it was contrary to duty of shipowners having to ensure safe and efficient management of v/l (under ISM) that cannot be discharged by relyingonMasterorC/E.Ownertookposionthat L.O sample analysed by Shell was considered normal and the wear evidenced by cranksha deflecons did not make v/l unseaworthy; but when v/l broke down main bearing #1was stuck having turned 45 degrees; journal was also cracked. Court did also state that burden of proof fallsonpartyclaimingGAexpenditures.

Sury Pullat BA, MIOD, MCIArb, FICS, FICA Consultant, AUMNI Shipping & Founder-President, AMICIE

Capt

Seafarer'sWelfare–"InclusiveorExclusive?"…

The moment someone says "Seafarers Welfare", everybody immediately recalls the ILO-mandated MLC 06 (Marime Labour Convenon 2006, an ILO instrument) that came into force on 23 February 2006. Nobody talks about the State Responsibility, nor do they want to know what the state has not donesofar

The inclusiveness of the Family of the seafarer and the seafarer himself when ashore has been "abandoned", and the Social Security has become exclusivetotheseafarerwhileonboardonly.

There were many instruments before the consolidaon of MLC 06, for the protecon and welfare of seafarers from 1930 onwards. Some of thenoteworthyonesareasfollows:

followingbeneﬁts:

(c) The dependants of a seafarer shall be entled to medical beneﬁts not less favourable in respect of condions of award, extent, and duraon than thosetowhichthedependantsofindustrialworkers areentled;

Social Security (Seafarers) Convenon (Revised), 1987,

(d) the term dependant has the meaning assigned toitbynaonallegislaon.

The members of the UN met at the ILO and decided to create a single, coherent instrument embodying, as far as possible, all up-to-date standards of exisng internaonal marime labour Convenons and Recommendaons, as well as the fundamental principles to be found in other internaonal labour Convenons.TheypreparedtheMLC2006.

Let us discuss only the Social Security provisions in variousInternaonalandnaonalInstruments.

SocialSecurity(Seafarers)Convenon,1946,

(b) The term dependent shall have the meaning assignedtoitbynaonallawsorregulaons;and Arcle 2 § 1. Seafarers and their dependants who are resident and present in the territory of a Member shall be entled in virtue of the seafarer's employment on board or in the service of vessels registered in the territory of that Member to the

(e) the term survivors means persons defined or recognised as such by the legislaon under which the benefits are awarded; where persons are defined or recognised as survivors under the relevant legislaon only on the condion that they were living with the deceased, this condion shall bedeemedtobesasfiedinrespectofpersonswho obtainedtheirmainsupportfromthedeceased;

The Convenon applies to all seafarers and, where applicable,theirdependantsandtheirsurvivors.

The MS Act 1958, which was repealed recently, had provided for the Social Security of the seafarers, includingtheirfamilies,initsclauses.

MSAct1958

• As per the 58 act, Deﬁnions Sec 3 (11A) "family"means―

– in the case of male, his wife, his children whether married or unmarried, his dependent parentsandhisdeceasedson'swidowandchildren:

• Providedthatifapersonprovesthathiswifehas ceasedunderthepersonallawgoverninghimorthe

customary law of the community to which the spouses belong to be entled to maintenance she shall no longer be deemed to be a part of such person‟s family for the purpose of this Act unless such person subsequently inmates by express noce, in wring, to the Central Government that sheshallconnuetobesoregarded;and

– inthecaseoffemale,herhusband,herchildren, whether married or unmarried, her dependent parents, her husband's dependent parents and her deceasedson'swidowandchildren:

• Provided that if a person by noce in wring to the Central Government expresses her desire to exclude her husband from the family, the husband and his dependent parents shall no longer be deemed to be a part of such person's family for the purpose of this Act, unless such person subsequentlycancelsinwringanysuchnoce.

• Explanaon.―In either of the above two cases, if the child, or, as the case may be, the child of a deceased son, of a person has been adopted by anotherpersonandifunderthepersonallawofthe adopter adopon is legally recognised, such a child shall be considered as excluded from the family of theﬁrstmenonedperson.]

Family was included as per the IMO/ILO resoluons andSocialSecurityinstruments

– the establishment of hostels or boarding and lodginghousesforseamen;

– the establishment of clubs, canteens, libraries andotherlikeameniesforthebeneﬁtofseamen;

– theestablishmentofhospitalsforseamenorthe provisionofmedicaltreatmentforseamen;

– the provision of educaonal and other facilies forseamen.

It was decided to withdraw the Social Security (Seafarers) Convenon, 1946 and 1987 (No. 165) on12th June2023 duringthe111thsessionofthe ILO.

• And under the old MS Act 1958. Naonal Welfare Board for Seafarers Sec 218.) Funcons of theNaonalWelfareBoardforSeafarers.―(1)The Central Government may, by noﬁcaon in the Oﬃcial Gazee, constute an advisory board to be called the Naonal Welfare Board for Seafarers (hereinaer referred to as the Welfare Board) for the purpose of advisingthe Central Government on themeasurestobetakenforpromongthewelfare of seafarers under this act (whether ashore or on board ship) generally and in parcular the following:—

Probably the world thought that everyone had adoptedandacceptedtheSocialSecuritymeasures and had provided for their seafarers and their familiesunderanaonalsocialsecurityscheme.

The Govt of India, to streamline and bring all Social Securitymeasuresunderoneact,hadenactedinits wisdom THE CODE ON SOCIAL SECURITY, 2020 NO. 36OF2020[28thSeptember,2020.]

An Act to amend and consolidate the laws relang to social security with the goal to extend social security to all employees and workers, either in the organised or unorganised or any other sectors, and for maers connected therewith or incidental thereto.

(Seafarers are from an Organised Sector, covered under MS Act 2025, this act shall be applicable to themtotheextentitisnecessary)

BEitenactedbyParliamentintheSeventy-ﬁrstYear oftheRepublicofIndiaasfollows:—

CHAPTERIPRELIMINARY

1. (1) This Act may be called the Code on Social Security,2020.

(2)ItextendstothewholeofIndia.

Thiscodeincludes (33) "family" means all or any of the following

relaves of an employee or an unorganised worker, asthecasemaybe,namely:—

(a) aspouse;

(b) a minor legimate or adopted child dependent upon the employee or an unorganised worker, as thecasemaybe;

(i) receiving educaon, ll he aains the age of twenty-oneyears;and

(ii)anunmarrieddaughter;

Under MLC06

Seafarers'employmentandsocialrights

The Code contains the details for the implementaon of the Regulaons. It comprises Part A (mandatory Standards) and Part B (nonmandatoryGuidelines).

ArcleIV

pursuant to relevant naonal social security schemes.

7. The Member whose flag the ship flies should, in effecvely exercising its jurisdicon over social maers, sasfy itself that the shipowners' responsibilies concerning social security protecon are met, including making the required contribuonstosocialsecurityschemes.

Regulaon4.5–Socialsecurity

Purpose: To ensure that measures are taken with a view to providing seafarers with access to social securityprotecon

5.EachMembershallensure,withinthelimitsofits jurisdicon, that the seafarers’ employment and social rights set out in the preceding paragraphs of this Arcle are fully implemented in accordance with the requirements of this Convenon. Unless speciﬁed otherwise in the Convenon, such implementaon may be achieved through naonal laws or regulaons, through applicable collecve bargaining agreements or through other measures orinpracce.

6. The seafarers' employment agreement should idenfy the means by which the Various branches of social security protecon will be provided to the seafarer by the shipowner as well as any other relevant informaon at the disposal of the shipowner, such as statutory deducons from the seafarers' wages and shipowners' contribuons which may be made in accordance with the requirements of idenﬁed authorised bodies

1. Each Member shall ensure that all seafarers and, to the extent provided for in its naonal law, their dependants have access to social security protecon in accordance with the Code without prejudice however to any more favourable condionsreferredtoinparagraph8ofarcle19of theConstuon.

2 Each Member undertakes to take steps, accordingtoitsnaonalcircumstances,individually and through internaonal cooperaon, to achieve progressively comprehensive social security proteconforseafarers.

3.EachMembershallensurethatseafarerswhoare subject to its social security legislaon, and, to the extent provided for in its naonal law, their dependants are entled to beneﬁt from social security protecon no less favourable than that enjoyedbyshore-workers.

The second area of ﬂexibility in implementaon is provided by formulang the mandatory requirementsofmanyprovisionsinPartAinamore general way, thus leaving a wider scope for discreonastothepreciseacontobeprovidedfor at the naonal level. In such cases, guidance on implementaon is given in the nonmandatory Part B of the Code. In this way, Members which have raﬁed this Convenon can ascertain the kind of

acon that might be expected of them under the corresponding general obligaon in Part A, as well asaconthatwouldnotnecessarilyberequired.

The social security aspect has been pushed to Code PartB,whichisnotmandatoryontheFlagstate.

As per MLC 06 : Standard A2 1 – Seafarers' employment agreements Sub Sec 4. Each Member shall adopt laws and regulaons specifying the maers that are to be included in all seafarers' employment agreements governed by its naonal law

Seafarers'employmentagreementsshallinallcases containthefollowingparculars.

(h) The health and social security protecon beneﬁts to be provided to the seafarer by the shipowner; There are two components of contribuon by and for the seafarers. Provident fund contribuon is exclusively to the personal account of the seafarer and maintained by Seafarers Provident Fund, an authority created under THE SEAMEN'S PROVIDENT FUND ACT, 1966

2.InthisAct,unlessthecontextotherwiserequires, - (a)"agreement with the crew" means the agreement referred to in secon 100 or, as the case maybe,secon114oftheMerchantShippingAct; NowreftoSec114oftheMSAct1958

Engagement of seamen by masters of ships other thanIndianships

114.Engagementsbetweenseamenandmastersof shipsotherthanIndianships

ships (1) When the master of a ship other than an Indian ship engagesaseamanatanyportinIndiato proceed to any port outside India, he shall enter into an agreement with such seaman, and the agreement shall be made before a shipping master inthemannerprovidedbythisActforthemakingof agreements in the case of foreign going Indian ships.

ACT NO. 4 OF 1966- An Act to provide for the instuon of a provident fund for seamen. [26th March, 1966.] BE it enacted by Parliament in the Seventeenth Year of the Republic of India as follows:— 1. Short tle and applicaon.—(1) This ActmaybecalledtheSeamen'sProvidentFundAct, 1966. (2) Unless otherwise expressly provided, the provisions of this Act shall apply to every seaman andtotheemployerofsuchseaman.

[26th March, 1966] An Act to provide for the instuon of a provident fund for seamen.. BE it enacted by Parliament in the Seventeenth Year of theRepublicofIndiaasfollows:-

1. 1. 1. (1) This Act may be called the Seamen's Provident Fund Act, 1966. (2) Unless otherwise expressly provided, the provisions of this Act shall apply to every seaman and to the employer of such seaman.Shorttleandapplicaon.

(2) Alltheprovisions,ofthisActrespecngtheform of such agreements and the spulaons to be contained in them and the making and signing of the same shall be applicable to the engagement of suchseaman.

(3) The master of a ship other than an Indian ship shall give to the shipping master a bond with the security of some approved person resident in India for such amount as may be ﬁxed by the Central Government in respect of each seaman engaged by him at any port in India and condioned for the due performance of such agreement and spulaons, and for the repayment to the Central Government of all expenses which may be incurred by it in respect of any such seaman who is discharged or le behind at any port out of India and becomes distressed and is relieved under the provisions of this Act: Provided that the shipping master may waive the execuon of a bond under this secon where the owner of the ship has an agent at any port in India and such agent accepts liability in respect of all maers for which the master of the

ship would be liable if he were to execute a bond under this secon or may accept from the agent such security as may be approved by the Central Government.

(4) The fees ﬁxed under secon 90 shall be payable in respect of every such engagement, and deducons from the wages of seamen so engaged may be made to the extent and in the manner allowedunderthesaidsecon90.

Andasperit'srulestheseafarercontributes12% of the basic pay, and the owner contributes +12% as his contribuon as per the Seafarer's Provident FundAct1966.

SEAMEN'S PROVIDENT FUND (AMENDMENT) BILL, 2023 (WITH AMENDMENTS MENTIONED IN COLUMN (3) OF THE BELOW TABLE) The Seamen's Provident Fund (Amendment) Bill, 2023 [proposed amendmentmaybeseeninColumn(3)oftheTable below] seeks inter-alia to broaden the ambit of the applicaon of the Act to foreign ﬂagged ships employing Indian seafarers, which will enable amendmenttotheexisngSeamenProvidentFund Scheme; and Introducon of a Seafarers Annuity Fund Scheme and Seafarers Gratuity Fund Scheme for Indian seafarers, to be administered by the Seamen'sProvidentFundOrganizaon.

G.S.R. 807 – In exercise of the powers conferred by clauses (d) and (e) of sub secon (2) of secon 218 and by secon 457 of the Merchant Shipping Act, 1958 (44 of 1958) and of all other powers hereunto enabling, the Central Government hereby makes thefollowingrules,namely-

1. Short tle and applicaon – (1) These rules may be called the Merchant Shipping (Levy of Seamen's WelfareFee)Rules,1974.

Though the Act provisions are as old as 1974 and there were exempons, the DGs started to collect on behalf of the Indian seafarers employed on Foreign ﬂag vessels only from 2014 vide Crew BranchCircular2of2014 MSAct2025.

The legislature has removed the deﬁnion of "Family" from its scope under Sec3 deﬁnions and thewordisnotfoundanywhereelseintheAct.

And in Sec 5 (1) which has replaced the old MS Act 58'ssec218ontheroleofNaonalwelfareboardof the seafarers now termed as Seafarers Welfare Board has removed the applicaon of the welfare forseafarerswhileashore.

We do not know what happened to this proposed BILL, and there is no update on either DG's website ortheSPFOwebsite.

We don't know if the seafarers employed onboard foreignﬂagsaregengthePFdepositedwithSPFO, though the original act in the applicaon itself had covered all those employed under Sec 114 of the MSAct1958.

The other component is the Seafarers Welfare Fund, and this is paid by the vessel owner based on a noﬁcaon issued on the 15th July 1974 and it's amendments NOTIFICATION MERCHANT SHIPPING.

May be in can be viewed as removal of a specific adjecve, "Seafarers while ashore" may mean to includethemtoreceivethesamebenefitsasthatof "Seafarers Onboard". Or would it mean that the benefits made available by the owner are only for theseafarer'spresenceonboard?

The MS Act 2025 Part V Seafarers has all secons of the MLC 06 as far as Part A is concerned and absolutelysilentonPartBoftheguidelines.

The beneﬁts receivable under MLC 06 have all been made as the responsibility of Owner/RPSL in all secons, and when it came to social security, there is no speciﬁc responsibility aached, since it is the primaryresponsibilityoftheState.

Sec 75 All seafarers shall have access to such

branches of social security protecon as may be prescribed.

Should have been "Every shipowner and or his agent shall be responsible for the contribuon of Social Security beneﬁts of seafarers employed by them, and all seafarers (and their families) shall have access to such branches of social security proteconasmaybeprescribed.

Under the old MS Act 58, the contribuon towards SWFS from the owner/RPSL was ensured vide DG Shipping order 16 of 2014. It took about 8 years for theadministraontorealisethenecessitytobuilda corpus.

It will be interesng to know what is the Govt of India allocated funds for the establishment of Hospitals for seafarers and their families guaranteedunderMSAct1958.Sec218.

Liberia is one of the largest employers of foreign naonalsandtheirMarimelawstatesthatthereis no restricon on the payment of Social Security amounts to the respecve naonal funds of the seafarers.

THEREPUBLICOFLIBERIA

LIBERIA MARITIME AUTHORITY FAMILIARIZATION WITHNATIONALMARITIMELEGISLATION.

(a) Deducons from the wages of a seaman pursuant to the laws of the country at whose port theseamansignedonorofwhichheisanaonal;

(b) Requirements of a labor organizaon of which the seaman is a member if such deducons represent dues or other obligaons to a labor organizaon of which the seaman is a member and areremiedtosuchorganizaon;or

© The wrien consent of the seaman, if such deducon are paid into a fund established for the exclusive beneﬁt to seamen and their families and dependentsorforthepurposeofprovidingmedical orhospitalcare,pensionsonrerementordeathof theseaman,lifeinsurance,employmentbeneﬁtsor compensaonforillnessorinjuries.

All responsibilies have been passed on to the OwnerandinparcularRPSL.

What'sthecontribuonofthestatefromitsbudget forthewelfare?

It is to be seen as and when further rules are made toeﬀecvelycarryoutthesocialsecuritymeasures, if it is going to be inclusive of Seafarers ashore and theirFamilies.

We like to see hospitals being built by the state that oﬀerfreetreatmenttotheseafarerandtheirfamily.

RLM-105ASERIES2023

MARITIME LAW, RLM-107 Secon 331 Advances andAllotmentofWages:

1. It shall be lawful for the Master and any seaman to agree that an allotment of all or a poron of the seaman's earnings, at regular intervals, may be payable to a spouse, children, grandchildren, parents, grandparents, brothers or sisters or person(s) nominated by the seafarer, or to a bank accountinthenameoftheseaman.

2. The provisions of this Secon shall not apply to, orrenderunlawful:

Hope we ensure that the social security doesn't becomeacharitybutaninclusivebeneﬁtearnedby theseafarerforhimselfandhisfamily.

By Capt R Venkat Iyer B.Sc., M.L., M.C.Arb.

India:TheLogicalDestinationfor ShipManagementServices FromSeafarerSupplyto GlobalMaritimeSolutionsHub

India has long been recognized as one of the largest andmostreliablesuppliersofseafarerstotheglobal ﬂeet. Today, this strength is expanding beyond s h i p b o a r d r o l e s t o a m u c h b r o a d e r opportunity—posioning India as a comprehensive hubforshipmanagementservices.

With a unique blend of marime experse, cost eﬃciency, and strong government support for the shipping sector, India oﬀers ship owners and managers a compelling desnaon for outsourcing awiderangeofoperaonalandsupportservices.

WhyIndiaStandsOut

• MarimeTalentPool

Generaons of seafaring experience ensure a workforce skilled in crew management, safety systems,compliance,andtechnicaloperaons.

• ProvenCostAdvantage

Outsourcing ship management support services to Indiacandeliver40–60%savings,whilemaintaining highqualityandregulatorycompliance.

• Digital&TechnologyCapability

India's strength in IT and digital soluons enables services like remote audits, e-learning, training coordinaon, documentaon management, and performanceanalycs.

• GovernmentThrustonShipping

Through iniaves such as Sagarmala, expansion of marimetraininginfrastructure,andpolicysupport for ship management and allied services, the Indian

government is acvely promong India as a global marimehub.

• GlobalConnecvity

English proﬁciency, cultural alignment, and favorablemezonesensureseamlesscollaboraon with Europe, the Middle East, and Asia, supporng 24/7operaonalconnuity.

Opportunies in Oﬀshore Ship Management Support

• Crew Management – Payroll, documentaon, scheduling,andtravellogiscs.

• Compliance & Technical Support –ISM/ISPS/MLC documentaon, PMS backend, safetyreporng.

• Digital Services – Remote training, e-learning plaorms,performancetracking,analycs.

• Financial & Data Services – Wage accounng, budgeng,KPIdashboards,andreporng.

TheStrategicAdvantage

By combining deep marime knowledge, cost compeveness, and government-backed growth in the shipping sector, India oﬀers ship owners and managers a sustainable, future-ready soluon for shipmanagementservices.

India is not just a source of seafarers—it is your partner in building smarter, more eﬃcient global ﬂeetoperaons.

Capt Rajesh Randon CEO, FOSMA

CareerPathsinShippingAshore: AGuideforStudentsandSeafarers

Whenmostpeoplethinkofcareersinshipping,they imagine the sea — massive vessels crossing oceans, seafarers navigang storms, and crews managing cargo.. While that image is true, it is only half the story

Shipping is as much about what happens ashore as it is about what happens at sea.. For every vessel that sails, there are teams on land managing operaons, planning logiscs, handling ﬁnance, ensuring compliance, and innovang with new technologies..

For new students curious about this industry, and for seafarers thinking about transioning ashore, there are clear pathways to build a career.. Let us explore how to climb the ladder in this vast and interconnectedecosystem..

Whyconsiderashore-basedcareer?

Working ashore oﬀers stability, wider career growth, and exposure to the business side of shipping..

vesselschedules,bookings,andcontainertracking..

• Port and terminal trainee: Exposure to port operaon

management..

• Freight forwarding coordinator: Learning the ropes of documentaon, customs clearance, and cargomovement..

• Logiscs analyst or trainee: Gaining skills in supplychainopmisaonandcustomersoluons..

At this stage, do not worry about tles.. The real value lies in exposure — seeing how cargo ﬂows, how documents are processed, and how ports and shippinglinesworktogether..

Tip: Employers in shipping value iniave and problem-solving more than fancy degrees.. Even if youstartinamodestrole,curiosityandconsistency canquicklyaccelerateyourgrowth..

Careerladdersforstudents

Here is a praccal "ladder" you can climb as a newcomer:

• Forseafarers,itmeansleveragingtheirtechnical knowledge in roles that demand operaonal insight..

• For students, it providesan entry into one of the world's most globalised industries, with opportunies ranging from port operaons to digitaltradeplaorms.

Think of it as moving from being "on the engine room ﬂoor" to sing at the table where strategies, deals,anddecisionsaremade..

Starngpointsforstudents

If you are a student entering the industry, here are themostcommonentry-levelposions:

Shipping line operaons assistant: Working with

1. Learnthebasics–UnderstandIncoterms,billsof lading,portprocesses,andshippingterminology..

2. Specialisegradually–Moveintoareasliketrade documentaon, sales and markeng for shipping lines,supplychainanalycs,orvesseloperaons..

3. Take on supervisory roles – Lead small teams in operaons or customer service, developing leadershipskills..

4. Transion into management – Roles such as operaons manager, trade lane manager, or key accountmanager..

5. Reach strategic levels – Posions like general manager, regional head, or director of shipping and logiscs..

Thekeyisnotspeedbutdirecon..Eachstepshould build on the last, giving you both breadth (knowing mulple funcons) and depth (being an expert in onearea)..

Transioningfromseatoshore

For seafarers, the path looks slightly diﬀerent Many oﬃcers and engineers eventually seek roles ashoreforfamily,lifestyle,orcareerreasons..

Their seafaring experience is a massive advantage, especially in technical and operaons-related funcons..

Herearesomecommonpathways:

• Marine superintendent: Overseeing vessel safety, compliance, and operaons from the shore side..

• Technical superintendent or ﬂeet manager: Managing ship maintenance, dry-docking, and engineeringsupport..

• Port captain or cargo superintendent: Supervising cargo loading, discharging, and ensuringsafehandling..

• Crewing manager: Leveraging experience to recruit,train,andmanageseafarers..

• Surveyororauditor:Workingwithclassiﬁcaon socieesorP&Iclubstoinspectandcerfyvessels..

• Senior: Trade manager → Regional manager → Directorofcontaineroperaons

2.TankerTrade(Oil,Gas,Chemicals)

• Entry Roles: Vessel operator (shore) → Charteringassistant→Claimsexecuve

• Mid-Level: Marine superintendent → Technical superintendent→Vengcoordinator

• Senior:Charteringmanager→Fleetmanager→ Headoftankerdivision

3.BulkCarriers(Drybulk:coal,ore,grains)

Beyondtechnicalroles,seafarerscanalsopivotinto commercial paths such as chartering, shipbroking, and logiscs.. Their ﬁrst-hand knowledge of ships oengivesthemastrong edgewhennegoangor troubleshoong..

Careerladders

To simplify the variety of paths, let us break careers ashoreintofourspecialisedsectors:

1.ContainerTrade

• EntryRoles:Documentaonclerk→Operaons assistant → Customer service → Trade lane coordinator

• Mid-Level: Key account manager → Sales execuve→Operaonsmanager

• Entry Roles: Ship operator → Operaons assistant→Documentaonexecuve

• Mid-Level: Operaons manager → Chartering execuve→Portcaptain

• Senior:Charteringmanager→Regionalhead→ Directorofbulkoperaons

4.PassengerShipping(Cruise,ferries,ro-pax)

• Entry Roles: Customer service → Scheduling coordinator→Operaonstrainee

• Mid-Level: Port operaons manager → Fleet scheduler→HR/Crewingmanager

• Senior: Regional operaons head → Director of passengeroperaons→Cruiselineshoreexecuve

5.Cross-sectortechnicalpath(forseafarers)

• Junior to Mid-Level: Marine surveyor → HSSE oﬃcer→Dry-dockingassistant

• Mid-Level:Technicalsuperintendent→Crewing manager→Fleetoperaonsmanager

• Senior: DPA (Designated Person Ashore) → Headofﬂeetmanagement→COO/CTO

This split allows newcomers and seafarers alike to visualiseacareerladderbasedon both interestand experse..

Theskillsthatmaer

Whether you are starng fresh or moving from sea toshore,herearetheskillsthatwillhelpyouclimb:

professional communicaon is vital in an industry where me zones and cultural diversity are constant..

• Commercial awareness: Understanding how freight rates, port charges, and trade policies aﬀect businessdecisions..

• Digital literacy: Shipping is rapidly digitalising with electronic bills of lading, blockchain plaorms, and AI-driven logiscs tools.. Staying updated here isnon-negoable..

• Problem-solving under pressure: Ships get delayed, cargo gets stuck, and regulaons change overnight.. Your ability to handle disrupon sets youapart..

• Networking: The industry thrives on relaonships.. Building a trusted reputaon opens doors..

Educaonandupskilling

While formal marime qualiﬁcaons help, connuouslearningiswhatkeepscareersgrowing.. Somevaluableoponsinclude:

• Cerficaons: FIATA Diploma in Freight Forwarding, ICC cerficaons in trade finance, or logiscsdiplomas..

cargo,allofwhichcanleadtodisputes..Ratherthan relying solely on lengthy court proceedings, the industry frequently turns to arbitraon panels, mediaon, and other ADR mechanisms to resolve conﬂictseﬃciently

Careers in this space require a mix of marime knowledge, legal understanding, and negoaon skills..

For students of law with an interest in trade, or for experienced seafarers who understand the operaonal realies behind disputes, this sector oﬀers opportunies to become arbitrators, marime mediators, or case managers in instuons that specialise in shipping and internaonaltradedisputes..

Aforward-lookingindustry

Shipping is no longer just about moving goods.. Sustainability, digitalisaon, and geopolics are reshaping careers.. The future will see new roles in carbonmanagement,dataanalycs,cybersecurity, andsmartportoperaons..

For those entering today, this is not just a career in shipping—itisacareerinshapingglobaltrade..

Conclusion

• Courses: Marime law, supply chain management, port management courses or other bespoke industry relevant courses by the likes of ShippingandFreightAcademy..

• Professional bodies: Membership in organisaons such as CILT (Chartered Instute of Logiscs and Transport) or ICS (Instute of CharteredShipbrokers)..

Even free webinars, industry reports, and case studies can sharpen your knowledge and keep you relevant..

Another specialised career path that oen goes unnoced is in Arbitraon and Alternate Dispute Resoluon(ADR)..

Shipping, by its very nature, involves complex contracts, cross-border regulaons, and high-value

The shoresideof shippingisdiverseand rewarding, but it demands paence, adaptability, and connuouslearning..

Whether you are a student looking to make your mark, or a seafarer ready to bring your sea experience ashore, remember that every senior leader in the industry once stood at the boom rungoftheladder..

What maered was not where they started, but howtheyclimbed..Thequesonis,areyoureadyto taketheﬁrststep..??

HarieshManaadiar

HindustanInstituteof MaritimeTraining(HIMT): 27YearsofExcellence

AVisionAnchoredintheSea

TheHindustanInstuteofMarimeTraining(HIMT) was established in 1998 in Chennai by Merchant Navy Chief Engineer Dr Sanjeev Vakil with a simple yet powerful vision- to build an instute that prepared seafarers not only with technical skills but also with discipline, character, and values. It was never intended to be just another training center. From the very beginning, HIMT set out to create a learning environment where knowledge was combined with pracce and where cadets were guided to develop the resilience needed for life at sea.

From those modest beginnings, HIMT has grown over 26 years into one of India's most recognized names in Marime Educaon & Training

This rare comprehensiveness allows cadets and oﬃcerstoprogressseamlessly,returningtoHIMTat diﬀerentstagesoftheirprofessionaljourney.

Thousands of young men and women who began their journey at the instute now sail across the world's oceans, carrying with them not only professional competence but also the values inslledduringtheirmeoncampus.

BuildingaComprehensivePathway

Withinfouryearsofitsfounding,HIMThadbecome one of the leadinginstutes in termsof the number of courses approved by the Directorate General of Shipping (DGS). Today, it remains one of the few instuons in India that oﬀers the full spectrum of DGS-approved courses under one roof. From entrylevel pre-sea training to all modular, competency and simulator courses, to the Extra First Class Engineer's Course, HIMT supports seafarers at everystageoftheircareers.

ACultureofQuality

At the heart of HIMT's journey has been a commitment to quality. The instute is ISO 9001:2015 cerﬁed, reﬂecng its structured approach to governance and accountability. Just as importantly, its faculty is composed of experienced master mariners and chief engineers who bring years of sea-going experse into the classroom. Their guidance ensures that cadets learn not only the technical aspects of the profession but also the praccalwisdomthatcomesfromlivedexperience.

HIMT's Post-Sea Center has also been consistently recognized by the Directorate General of Shipping, which has ranked the instute as the No 1 Outstanding Marime Instute in the Post-Sea Category for three consecuve years. For HIMT, such recognion is seen not as an award to rest upon, but as a reminder of the responsibility to connuously improve and remain aligned with the evolvingneedsoftheindustry

InfrastructurethatMirrorstheSea

Marime training demands more than theory. HIMT's facilies reﬂect this belief, with advanced simulators, well-equipped engineering workshops, and even a ship-in-campus facility that allows cadets to experience real-life condions within the safetyofacontrolledenvironment.

In recent years, the instute has also integrated

VirtualReality(VR)andAugmentedReality(AR)into its curriculum These tools allow students to immerse themselves in lifelike training scenariosfromshipfamiliarizaontoengineroomoperaons to emergency drills- that would otherwise be too risky or impraccal to pracce. By combining tradional training methods with modern tools, HIMT has sought to give cadets the best possible preparaonforthechallengesofsealife.

PioneeringInnovaon

One of HIMT's most signiﬁcant contribuons has been the establishment of a dedicated Virtual Reality Lab for marime training, the ﬁrst of its kind in the world. This pioneering step has enabled cadets to gain immersive, hands-on experience in situaonsthatcannoteasilyberecreatedinreality.

The instute has also extended its knowledge beyond India's borders. In collaboraon with the World Marime University (WMU) in Sweden, HIMT supported the establishment of WMU's XR Lab and shared its VR training modules free of cost. This gesture reflects the instute's belief that educaon and innovaon should benefit the marime industry as a whole, and not be confined toonecampusalone.

ACommunityofSeafarers

these challenges by strengthening its research and training capabilies It is acvely engaged in discussions with WMU and other partners to further develop immersive learning and explore how VR and AR can be used more eﬀecvely in marimeeducaon.

At the same me, the instute connues to emphasize the human side of seafaring- safety, teamwork, and leadership. Its evolving curriculum ensures that cadets and oﬃcers are not only equipped with technical knowledge but are also preparedtoleadwithresponsibilityandintegrity

Over 26 years, HIMT has trained hundreds of thousands of seafarers, many of whom now hold responsible posions in shipping companies around the world. The alumni community is spread acrosstheglobe,unitedbythecommonexperience of having begun their professional journey at HIMT. Fortheseseafarers,theinstuterepresentsnotjust a place of study but a foundaon on which careers andfriendshipshavebeenbuilt.

PreparingforTomorrow

The marime industry is undergoing rapid change. Decarbonizaon, digitalizaon, and new global regulaons are reshaping the way ships are operated and managed. HIMT is preparing to meet

ALegacyofService

The story of HIMT is one of steady growth, guided by a vision that has remained constant for more thantwodecades.FromitsbeginningsinChennaito its present standing as a leading marime instute, the journey has been marked by discipline, innovaon,andservicetothemarimecommunity

As it enters its 28th year, HIMT looks to the future with humility and purpose. The challenges facing the shipping industry are signiﬁcant, but the instute remains commied to supporng seafarers with knowledge, training, and values that willhelpthemsucceed.

For HIMT, the sea is more than a career path- it is a lifelong calling. Its role is to prepare those who answerthatcall,ensuringtheyarereadytosailwith competence, conﬁdence, and character. In doing so, the instute connues its mission: to serve the industry,toinspirethenextgeneraonofseafarers, and to remain a trusted name in marime educaonforyearstocome.

MARINERS’PRAYER Truly Yours

Thou aret so vast, seveneth of Her surface

Our boat so ny, a speckle on thine manes

Smooth, becalm, spouts, bursts Rain, snow, sleet, hailstones

Cumulus, stratus, nimbus, cirrus

Scaered blue, rainbow, corona, halos

Fog, mist, haze, mirage, Elmos' ﬁre, twilight

Celc ﬂash, bioluminescence, starry nights

Tides, races, bores, currents, upwelling Ridges, lows, storms, force ten n more Waves, swell, tsunami, freaky ones n more

Ships, submarines, satellites Men, machine, technology Wind, weather, meteorology

Lads, men, managers Rules, regulaons, insurance Systems, audit, reviewals

Ain't enough safe seven seas

Transgressed thy lines, not master your moods

Forgive our sins, pardon our deeds

Toiling for a living, away from dear ones Bless us thy Grace and Care

Ain't no biers palls palliaves in gratude

None at husngs prayers and or platudes

Poets versers in awe buoyant human species

Cannibal last resort connue voyage wrasse

Salty verser irreligious philisne

Annomy in scientology

Sailing across around globe

Unaon ideas change world

Capt Sury Pullat

BA, MIOD, MCIArb, FICS, FICA Consultant, AUMNI Shipping & Founder-President, AMICIE

CargoInsurance: Choiceornecessity?

1. This arcle is wrien for AMICIE (Associaon of Marime Internaonal Commercial Interests & Experse) which the author is a member of. AMICIE is conducng a seminar at Mumbai on Crew Welfare on 27th September 2025 at Mumbai, India and we wish every success to them.

exporter/shipperisrequiredtotakeappropriate insurance cover for cargo for CIF/CIP contracts while there is no such requirement for the other contractsi.e.CFR/CPT/FOB&FCA.

2. Insurance is basically spreading risks. If a party can bear the exposure by themselves without straining their resources, then pares may wish to bear the risks by themselves instead of incurring costs for insurance (premium) to be paid to Insurers. However, in addion to paying of valid claims, Insurers provide other services such as provision of security if required, claims handling and advisory services and which are notfactoredinthedecisionmatrixofwhetherto purchase cargo insurance or not While insurance products are available over the whole marine transport ecosystem (Ships – H&M, P&I, FD&D & Freight, Charterers – Charterers P&I, FD&D, Agents – PI, Stevedores – Equipment and PI/E&O, NVO's – Transport Operator's cover including Liability (both contractual and 3rd party) and equipment, etc ), this arcle will focusonCargoboughtandsoldInternaonally

3. Internaonal Cargo sales are generally on CFR (Cost and Freight), CIF (Cost, Insurance & Freight), or on FOB (Free on Board) . If the cargo is shipped in containers, the beer Incoterms wouldbeCPT(CarriagePaidTo),CIP (Carriage and Insurance Paid To) and FCA (Free Carrier) .

4. CargoInsurancepoliciesgenerallyprovidecover from the me the cargo is moved from the seller'swarehousetocargoreachingthebuyer's warehouse However, there is a requirement that the claimant must have an insurable interest and therefore the policy would only engage if the claimant had an interest in the cargowhenthelossoccurred

5. The shipping related incoterms provide for the transferofrisksfromshippertoconsigneewhen the cargo is loaded (CFR/CIF/FOB) or when it is handed over to the First Carrier (CPT/CIP/FCA). Anecdotal evidence suggests that more than 50% of the cargo shipped to and from Indian Sub-Connent is uninsured. This may be either due to cargo interests taking a calculated risk that their cargo will not suﬀer any incident during carriage or that they could successfully pursue recovery against their Freight Forwarder / Ocean Carrier At least in container shipping, given the incidences of ﬁre related casuales, it appearstousthatthisisafallacy.Thisisbecause if the cargo interests are regularly shipping cargo, they would indeed face cargo losses including General Average ("GA") and/or Salvage.Ifthecargointerestshavenotfacedany such issues, we believe that it is only a maer of

mebeforetheyfacetheseissues.

6. Recovery from Freight Forwarder ("FF") / Carrier:

a. FF: To recover from a FF, cargo interests would have to prove that there was some fault or negligence which caused the cargo loss or damage. The FF would rarely be involved in the actual carriage and therefore the chances of them being at fault would be remote. Even if at fault, FF's are entled to either exclude or limit liability based on their standard trading condions and which may not fully compensate for the loss suﬀered by the cargo interests. Addionally, any such payment of claims would only be accomplished once the complete invesgaons have been completed This process would take me and therefore even if thecargointerestsareabletorecoverfromtheir FF's,thiswillbeaerapassageofme!

b. Carriers:

i. Underthetermsofthecontractofcarriage(Bills ofLading)and/orcompulsorilyapplicablecargo convenons by law, Carriers are entled to either exclude liability and/or limit liability for others.

consider the potenal costs for pursuit and the chanceofsuccess.

iii. Salvage:

a. Non-Contractual: If Salvors were engaged, they are entled to secure their claim for Salvage prior to releasing the property Salvors would similarly require security, and which may be by way of a Salvage Guarantee provided by cargo insurers whose rangs are acceptable or if uninsured,acashdepositinlieu.

ii. With respect to General Average which may be declared by Owners of the vessel, the (Owners) are entled to seek security to secure the potenal contribuon due from the cargo interests. If cargo interests are un-insured or insured with insurers who have poor rangs, then Owners would require a cash deposit prior to allowing release of cargo If the cargo interests wish to deny the Owners entlement to GA, they can do so but this would only be once the adjustment has been published, and which would be generally aer a few years. Addionally, cargo interests would have to

b. Contractual:Somemes,Salvorsareengagedon a contractual terms by Owners and in which case, Owners can seek recovery of the costs incurredunderGA.

7. So, the queson will always be whether the cargo interests are sophiscated enough to deal with these issues (contractual and otherwise), provide security if necessary and engage lawyers to consider the potenal for recovery and then pursue recovery. If the cargo interests do not have the resources, it would make sense toinsuretheircargowithInsurersofreputewho not only make payment of their claim in the first instance but also consider recovery (which would be now in their interests as the subrogated cargo insurers). Addionally, cargo interestswhoareinvolvedinthetradingofcargo would benefit from focusing on their core business instead of being sidelined to deal with issues which could be beer handled by an enty which has this as their core business funcon. We believe that the majority of the cargo interests fall within this category i.e. they may not have sufficient resources to deal with cargo related issues and therefore taking cargo insurance should be a necessity and not a choice.

8. Ifthedecisionistoconsidercargoinsuranceasa

necessity, then the queson to be asked is what should be the type of cover? Basically, there are twotypesofcover,andwhichare

a. All Risks : All risks of loss or damage is covered except for the exclusions provided in the policy If the Insured proves that there was a risk, the Insurers would have to make payment of the policy indemnity unless they (Insurers) are able to show that there are policy exclusions applicabletotheloss.

b. NamedPerils:Inthis,onlyspeciﬁcperilslistedin the policy are covered. The Insured would have to ﬁrst prove that the loss arose from one or more of the perils listed in the policy and for which they are entled to indemnity Insurers would only be entled to deny if they could show that there are policy exclusions which overridetheposivecoverprovided.

c. TheadvantageoftakinganAll-Riskscoveristhat the cover is wider. While this cover may be suitable for FMCG and other high value cargo, this may not be the best ﬁt for commodies. Accordingly, cargo interests should consider doing a risk assessment and discuss with their Insurance Brokers to determine the cover they shouldbuy.

containerized/intermodal freight by Drew Stapleton,Ph.D.,MBA.

See Clause 8 1 of Instute Cargo Clause (A) 1/1/2009

See Clause 11 of Instute Cargo Clauses (A) 1/1/2009.

See Clause 3 of FFFAI STC which allows a FF to limit liability to a sum of ₹15 (USD 0.17) per kilo up to a maximumof₹15,000(approx.USD170.41)foreach occurrenceofloss.

9. In conclusion, whether cargo insurance is a choice or necessity would depend on the sophiscaon and ﬁnancial wherewithal of cargo interests. Given that cargo insurance is relavely inexpensive , it would make sense to take insurance instead of playing roulee which maysomemesleadtounhappyresults.

See arcle on Shipping Terms Explained : CFR, CIF andFOBbyTradeFinanceGlobal.

See paper on Opmizing shipper contracng: the c o r r e c t u s a g e o f I n c o t e r m s f o r

See The Indian Carriage of Goods by Sea Act 2025 which incorporates Art IV(2)(a-q) of the Hague VisbyRules.

See The Indian Carriage of Goods by Sea Act 2025 which incorporates Art IV(5) and Art VII of the HagueVisbyRules.

We have deliberately menoned uninsured rather than self-insured. The diﬀerence between the two isthatthecargointerestsinthecaseofself-insured, are catering for potenal losses and for which they may have a separate fund available. Also see an arcle on Self-Insured vs Uninsured by Anthony JonesInsuranceBrokers.

SeeRuleDofYorkAntwerpRules1994

SeeRuleVI(A)oftheYorkAntwerpRules1994.

SeeInstuteCargoClause(A)1/1/2009

See Instute Cargo Clause (B) 1/1/2009 and InstuteCargoClause(C)1/1/2009.

WehavebeenadvisedthatthecostsofcoveronICC (A) 1/1/09 for a containerized cargo valued at USD 100,000 in normal risk areas would be less than 0.05%i.e.lessthanUSD50!

By M. Jagannath NAU Pte Ltd

ThenextstepsforIndia’smaritime andtradedigitalisation

The Merchant Shipping Act 2025 has created a landmark opportunity for India’s marime and shippingindustry..

By explicitly recognising the use and maintenance of electronic records, the Act lays the legal foundaon for the adopon of electronic trade documents like the electronic bill of lading (eBL) and other digital trade documents..

While this provision may appear technical, its impact is profound: it signals India’s intent to align with internaonal frameworks such as the UNCITRAL Model Law on Electronic Transferable Records (MLETR) and the ICC’s push for 1. Nofy standards and safeguardsinteroperable trade documentaon..

However, legislaon alone will not deliver

results.. Unless immediate follow-up measures are taken, India risks losing the momentum and the compeve advantage that this legal breakthroughoﬀers..

As of September 2025, India’s progress with regards to the adopon of MLETR is very stagnant while countries like UK, France, Germany,Singaporehavesurgedahead..

The following acons are crical to translate recognion into meaningful adopon and to ensure that Indian exporters and industry reap thefullbeneﬁtsofthisreform..

The Act authorises government to deﬁne safeguards for authencity, integrity, and accessibility of electronic records These standardsmustbeissuedurgently

• Align with UNCITRAL MLETR to ensure interoperabilitywithglobalsystems..

• Establish protocols for encrypon, digital signatures, audit trails, and document retenon..

• Conﬁrm explicitly that eBLs have the same legalstatusaspaperbillsoflading..

This clarity will build conﬁdence across shipping lines, ﬁnanciers, and customs authories, and it will provide exporters with certainty when adopngdigitalprocesses..

2.Operaonaliseelectronicbillsoflading

The bill of lading is one of the most crical documents in global trade.. By implicaon, the Actalreadyprovidesforitsdigitalform..Thenext stepistobringeBLsintooperaonaluse..

• PublishrulesundertheActexplicitlycovering eBLsasdocumentsoftle..

• Iniate pilot programmes with key export sectors such as pharmaceucals, texles, andautomove..

• Provide guidance for banks and ﬁnancial instuons on recognising eBLs for trade ﬁnance..

• Engage with ICC, WCO, and WTO to harmonisepracces..

• Negoate reciprocal recognion with trading partnersalreadyalignedwithMLETR..

This step is vital to ensure that an Indian eBL is accepted without hesitaon at ports, banks, and customsworldwide..

4.Trainandpreparestakeholders

The adopon of eBLs and electronic records will requireaculturalshiacrosstheindustry

This will reduce courier delays, cut costs, minimise fraud, and improve liquidity for Indian exporters..

3.Secureinternaonalrecognion

Domesc recognion of eBLs is only half the soluon.. To be eﬀecve, India must ensure that eBLsissuedhereareacceptedglobally

• EmbeddigitaltradeclausesinfutureFTAsand regional agreements (ASEAN, BIMSTEC, RCEP)..

• Launch awareness and training programmes with trade associaons such as FIEO, ASSOCHAM,andCII..

• Build capacity-building modules for shipping lines,banks,andcustomsoﬃcers..

• Provide cerﬁcaon for digital document handling..

Training and awareness will ensure smooth adopon and reduce disputes during the transionphase..

5.Incenviseearlyadopon

Inera is a barrier that must be overcome Government should create incenves to reward ﬁrstmovers..

• Oﬀer reduced port or customs charges for shipmentsusingeBLs..

• Provide priority processing for digital documentaon..

• Subsidise plaorm costs for SMEs during rollout..

These measures will demonstrate praccal beneﬁts, encouraging wider and faster adopon..

6.Integratewithtradeﬁnanceandbanking

For exporters to trust digital documentaon, banksandﬁnanciersmustfullysupportit..

• The Reserve Bank of India should conﬁrm the validity of eBLs for leers of credit, guarantees,andtradeﬁnance..

• Encourage integraon with ﬁntech soluons that can process and verify digital documents..

• Promote the use of blockchain or tokenbased veriﬁcaon systems to assure ﬁnanciersofauthencity

This will expand access to working capital, parcularly for SMEs, and enhance India’s trade ﬁnanceecosystem..

7.PosionIndiaasadigitaltradeleader

India should use this opportunity not only to adopt but also to lead.. With its scale and strategic posion in global trade, India can become a regional hub for digital trade pracces..

• Champion interoperableeBLadoponacross SouthAsia..

• Advocate digital standards through G20, BRICS,andWTO..

veriﬁcaonofcrewidenesandservicedetails, allowing authories to grant shore leave in Indianportswithgreatereﬃciencyandsecurity

This would not only improve operaonal ﬂuidity at ports but also align India with internaonal best pracces on seafarer rights and welfare, whilereducingadministravedelays..

Conclusion

The recognion of electronic records in the Merchant Shipping Act 2025 is a milestone achievement.. Yet it will remain symbolic unless matchedwithdecisiveacon..Indiamustnow:

1. Nofystandardsandsafeguards..

2. OperaonaliseeBLs..

3. Secureinternaonalrecognion..

4. Builddigitalinfrastructure..

5. Trainstakeholders..

6. Incenviseearlyadopon..

7. Integratewithﬁnance..

8. Posionitselfasaleader

• Showcase successful Indian pilot programmesatUNCITRALandICCforums..

This leadership will strengthen India’s inﬂuence inshapingtheglobaldigitaltradeagenda..

8. Digital records for shore leave for Indian Mariners

Digitalisaon should also extend to seafarer welfare and port procedures.. The maintenance of digital records of mariners can enable quicker

By acng swily on these priories, India can transform its shipping and trade documentaon pracces, reduce costs and risks for exporters, and establish itself as a digitally enabled marime naon.. The opportunity is signiﬁcant, andthemetoactisnow..

Arcle by Hariesh Manaadiar – Founder of ShippingandFreightResourceandHMBusiness Soluons...

DoweneedanIndianP&IClub oraliabilityinsuranceprovider?

On Indian on-line chat groups there has been much discussion on the possibility of formaon of an Indian P&IClub.Asnormaltherehavebeensomepassionate, some crical and some balanced views. I venture to submitmytwobitsonthetopic.

Liabiliesofshipownersanditstypes

The P&I Clubs normally provide cover to the ship owners, and some others, for their liabilies. These liabilies could be of two types. Firstly Contractual –means arising because of occurrence of some premenoned situaon, e.g. expenses and compensaons related to the employment of the seafarers; damage to the cargo etc. The others are the Torous liabilies. These arise due to an acon of tort where injury, loss or damage is caused to a third party due to acon of the ship. The examples could be liabilies arising from polluon, collision, damage to ﬁxed or ﬂoang objects, injuries to anyone except the seafarersetc.

possibility of ship owner being exposed to collision liability ﬁrst emerged. Certain landmark judgments of the English High Courts (House of Lords) broadened and burdened the ship owners with the third-party liabilies, especially for the death of passengers on board. This led to the development, in 1846, of the Brish law regarding compensaon for lives lost at sea. The tradional underwriters were not much keen to cover such liabilies and thus in 1855, ﬁrst club, Britannia started as a protecon club. The case of Westonhope, in 1870, introduced the deviaon liabilityontheshipowner.Nowin1874indemnitywas includedtocoveranysucheventualiesandthusP&I Clubswereborn.

Conceptofmutuality

Both these liabilies would normally result in a monitory amount that has to be paid the claimants. These financial consequences can be liquidated –meaning pre-decided, either in contract or under law. E.g. the amount of compensaon if a seafarer dies onboard would normally be specified in his employment contract. Similarly, liability in case of cargo damage Is specified in the applicable rules, like HagueVisbyRules;orintheapplicablelaw,likeCOGSA 1971incaseorEnglishLaw.

Insuranceoftheliabilies

These liabilies, especially for the ship owner, are tradionallyinsuredbytheP&Iclubs.

Historically, in UK, both Hull Clubs and the tradional market underwriters were insuring the ships up to their declared values There were no third-party liabilies to which the owners were exposed to. It was only aer the Vaux v Salvador in 1836 when the

The clubs as we normally refer to them, work on mutuality, i e with ship owners being members Before the commencement of a fixed insurance year, each ship owner is required to pay an amount, per ship,totheClub.Thisislikepremium,thoughcalledas 'call' and is dependent on various factors. In a club there may be hundreds of ships of many owners. To affecvely manage the club a professional firm, called 'managers' is appointed who operate the club on a daily basis under the policy set by the 'Board of Directors'.

Theseorganizaonsoperateon'noproﬁtnoloss'basis and thus are referred as the clubs or associaon and thisconceptisreferredasmutualinsurance.Thereare 12 major clubs which cover more than 90% of the world tonnage. Out of these, one is in USA, one in Japan, three in Scandinavia, and remaining in the UK. These clubs are independent but sll connected to each other under an umbrella of the Internaonal Group of P&I Clubs having its secretariat in London. Throughapoolingagreement,theseorganizaonscan provide cover up to over 8 billion USD Reinsurance is extensivelyinvolvedinprovidingthisprotecon.

Discussion on the establishing an Indian P&I Club has been occasionally happening since last four decades. Eventually around 2016 a similar system was created as a result of the connual effort of the doyen of shipping in India, Capt JC Anand This was in collaboraon with the New India Assurance Co Ltd, a major government backed underwriter with head office in Mumbai. While liabilies of some ships were insured the idea did not take off completely. This iniavewasina'fixedpremium'basis.

Fixedpremiumliabilityinsurance

Fixed premium P&I insurance was established as an alternave to that mutual system. This system works like any other insurance where a ﬁxed premium is charged for usually a 12-month period and no further amounts can be asked from the insured, unlike the mutualsystem.Theseareobviouslyforproﬁts.

provided by mutual insurance. The insurance would normallycoverthefullrangeofP&Iriskswithlimitsup toUS$500mandadeducblestructuresuitabletothe risk proﬁle. Where required, coverage can include primary P&I war risks. Flexibility in this product can allow adding other required covers. Therefore, a ﬁxed premium package can be tailor-made to meet the insured'scontractualandoperaonalexposures.

PossibilityofestablishinganIndianclub.

It is relevant to read the following text from 'Trade Winds'newsavailableattheﬂowingwabaddress:

India has taken another step towards seng up a protecon and indemnity club in the latest sign of expansion outside the 12 members of the InternaonalGroupofP&IClubs.

Earlier the fixed premium system was considered as a strangebreedwithinthe P&I industry and was heavily cricized. It has taken some me for the fixed premium market to develop into a true alternave to the mutual system and now the fixed premium P&I is wellestablishedandformsaviablealternave.Notfor all types of tonnage, but certainly for the small to medium sized ship owners and vessels. In fact, the percepon of fixed P&I has changed so much over me that over the last few years most of the Internaonal Group clubs have created their own fixed premium products as an answer to the advance of fixed liability cover in the market. Thus, now such cover can be obtained by insurance companies and alsobysomeoftheselargeP&Iclubs.

Overtheyearsthemutualsystemandtheﬁxedsystem have growncloser and have become more alike. Fixed facilies that have been taken over are echoing that typical ﬁxed P&I sound and have become a shadow of whatoncewas.

Fixed premium P&I insurance is more suitable to the Owners of small and medium-sized vessels. Such ship owners may not have very expansive risk exposure, and they will be disadvantaged in a mutual company wheretheymayenduppayinghighercalls.

Such cover is designed for Owners who require comprehensive cover against P&I risks, for a ﬁxed price but without the need for the high limits of cover

According to the regulator's website, the country's Directorate General of Shipping has issued a tender for consultants to conduct a feasibility study on the plan.

The review will examine the potenal for an Indian club within the mutual and ﬁxed premium markets, accordingtoIndia'sEconomicTimes.

It said the study will compare operaons run by nonInternaonal Group companies in countries including Japan,China,SouthKorea,Iran,RussiaandSingapore.

The project will inially target Indian-ﬂagged shipping, which relies on the internaonal ﬁxed premium market for its P&I cover. There are plans to expandtheprojecttoglobalshippingmarkets.

Finance minister Nirmala Sitharaman last year told a marime conference that seng up a P&I club would reduceIndia'svulnerabilitytoglobalsancons.

New Delhi snubbed overtures by the G7 group of naons to join the sancons and price cap regime targengRussianoilexportsfromDecember2022.

It has since seized the opportunity raised by a European boyco to import cheaper Russian oil to becomethelargestimporteralongwithChina.

But it remains aﬀected by the measures and has not accepted some vessels and operators that have been hitbysanconsimposedbyWesterncountries.

The Internaonal Group complained in April that frustraon with compliance demands led to 800 ships

leavingitsmemberclubs.

The trend has connued this year, with global oceangoing tonnage covered by Internaonal Group membersdownfrom90%in2021to87%now

WithprogressivepoliciesoftheGovernment,itseems that some acon would happen, and a posive result wouldemerge.

ChallengestotheIndianP&IClub

Some challenges may have to be overcome and these arediscussedbelow:

India Assurance Co. Informavely for the FY 2023/ 24 its gross premium was 36,977 cr, and combining its overseas operaon this ﬁgure goes up to 4,996 cr Its marinebusinessgrosspremiumwas984cr.(ﬁgsarein Indian Rs – informaon from its Yearbook). With operaons of such magnitude, surely it will be able to discuss the possibility of increasing this line of business.Afocusedapproachisnecessary

To keep the premium costs lower, inially the product mustbesuitableforsmallershipsfromourregion.The coastal and the inland vessels fleet can definitely benefit from this iniave. Our tonnage would not be

insurance by diﬀerent port and ﬂag states for compliance with Civil Liability and Wreck Removal Convenons. These convenons require compulsory insurance cover with proof of such cover being presenton-boardships.Somelobbyingwouldhaveto be done for that because without such acceptability the Indian ship owners would be very reluctant for gengcoverinIndia.

Possiblesoluon

Considering the diﬃcules and limitaons of starng a mutual P&I club in India, the possible soluon could be to enhance the exisng marine liability insurance business of the premier Indian underwriters, New

Dr. Brijendra K Saxena

Ph.D.; M.Sc. (WMU, Sweden); M.S. (BITS, Pilani); P.G.D. Int. Mar. Law (WMU, Sweden); MOTClass I;AII; FIMarE; FIE; FNMIS; MICS; Founder Principal (Retd.), Tolani Maritime Institute, Pune

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Kumar

75yearsofDGShipping,India

One of the metrics for evaluaon of the performanceofaregulatorystakeholderlikeDGSin the developing Indian shipping context would be themetricofcargoandcapacity -

1 Cargo migraon accomplished for coastal shippingfromroadandrailandcapacitycreaon.

2.CapacitycreaonontheEXIMsector

What was the deliverables accomplised with this primary metric of performance across the last 75 yearsandhowdoestheperformancecomparewith thedevelopingeconomyofChina.

Modal shi to coastal/inland waterways: Limited. Coastal shipping remains a small share of India’s freight mix (coastal shipping ~7% of modal mix; inland waterways ≈2%) Progress has been incremental,nottransformaonal.

EXIM carried on Indian booms: Declined sharply

Coastal Shipping relaxing of cabotage, IWT investment, incenves) and some growth in coastal volumes at major/non-major ports have occurred —buttheroad/raildominancepersists.

B.CapacitycreaonforEXIMinIndianbooms

* India’s flagged fleet (Indian booms) has increased in absolute numbers/GT in recent years (Indian Shipping Stascs: ~1,526–1,545 vessels; ~13.5–13.75 million GT in the latest year reported). That is a tangible deliverable (more Indian-flagged tonnagethandecadesago).

Share of India’s EXIM carried on Indianﬂagged/Indian-owned vessels fell from ~40% (late 1980s) to single-digit levels in recent years (reported ~7–8% in recent past and reportedly <5% subsequently) Fleet tonnage grew but India remains a small share of the global ﬂeet. That means most EXIM is carriedon foreign booms and freightoutgoislarge.

1) What DG Shipping / the Indian system has deliveredforcargoandcapacitymetrics-

A Cargo migraon to coastal shipping & inland waterways*India’scoastal&inlandwatertransport has seen policy push, new services and incenves, but modal share remains small: coastal shipping is commonly reported around ~7% of the naonal freight modal mix; inland waterways contribute roughly ~2% Policy programmes (Sagarmala,

* However, the share of India’s EXIM carried on Indian ﬂag/Indian-owned vessels has collapsed — falling from ~40.7% in 1987–88 to single digits by the2010s(reportscite~7–8%inthelate2010s)and press/analysis indicates it dropped even lower subsequently So while ﬂeet size rose, it hasn’t kept pace with trade growth, and Indian booms now carry a small share of India’s overseas trade. This is thecentralshorallagainstyourprimarymetric.

2) How this performance compares with peer developingeconomiesChina

* China is far ahead on both counts. It is a dominant shipbuilding naon (over 50% global shipbuilding tonnage in recent years), has rapidly expanded ocean-going fleets and a high degree of vercal integraon (state-linked owners, large naonal carriers, many ships flagged/owned by Chinese enes).China’sownedfleetandtheshareoftrade carriedonChina-linkedtonnagearelargecompared with India’s (UNCTAD/industry/analysis documents and recent policy reviews highlight China’s scale and government-backed fleet expansion). In short: China has built EXIM capacity innaonalboomsatscale;Indiahasnot.

3) Diagnosis why the mismatch between capacityandnaonalEXIMshare?

1.Globalisedlinerandtrampmarkets.Internaonal liner companies and large owners operate globally; shippingdecisionsarecommercialandoenfavour larger internaonal ﬂeets/charter markets over smallnaonalowners.

2. Cost / finance / shipbuilding linkage. China’s shipyards have produced massive capacity and compevepricing;Indianownershavehistorically not invested at the same scale or benefied from similar financing/subsidy structures. This makes Indianboomsrelavelyunder-sized.

3 Regulatory & tax environment historically Cabotage, ﬂagging incenves, taxaon and crewing policies have at mes discouraged large scale naonal ownership for EXIM routes (recent policy movesaimtoreversethat).

4. Modal inera. Road/rail networks, short-haul economics and last-mile issues make modal shi to coastal/IWT slow despite policy push Inland waterways sll need logiscs/door-to-door integraon.

from single-digit millions in earlier decades to ~13.7–13.8millionGT.

4) Where DG Shipping/India fell short against the primarymetricofCaroandCapacity.

* Modal shi: Coastal & inland waterways remain a small fracon of freight moved (coastal ~7%, IWT ~2%) — so migraon from road/rail to water has beenlimited.

* EXIM in Indian booms: The core metric — % EXIM carried on Indian booms — has declined sharplyoverdecadesinsteadofincreasing;thusthe naonal ﬂeet hasn’t captured India’s trade growth proporonately

5)Short,praccalimplicaons&policylevers(what wouldactuallymovethemetrics)

1. Demand-side measures — public procurement / state cargo (PSUs) give preference to Indian booms for a percentage of EXIM cargo (to seed demandfornaonalships).

* CargoonIndianbooms(EXIMshare):Dramac decline. Indian-ﬂag/Indian-owned vessels carried ~40.7% of India’s EXIM in 1987–88; by FY2018–19 this share had fallen to ~7 8% and oﬃcial documentsshow~6.5%for2019–20.Thatdeclineis thesingleclearestfailureagainstthecargo-metric.

* Fleet / capacity creaon (Indian booms): Absolute capacity grew (Indian GT/DWT and the number of vessels increased over recent decades), but not enough relave to trade growth — i.e., capacity creaon has not translated into a restored orgrowingshareofEXIMcarriedonIndianbooms. Indian flagged fleet (2023 figures) = ~18.13 million DWT (breakdown by ship types also shows oil tankers and bulk carriers dominate) Indiaovernment ISS shows gross tonnage rising

2 Finance & shipbuilding linkages low-cost ﬁnancing, co-ownership with state enes, longterm contracts to encourage new Indian tonnage built in Indian yards. (India has announced plans in thisdirecon.

3 Modal integraon & hinterland links — guarantee door-to-door rail/road links to ports, invest in feeder and last-mile logiscs to make coastal/IWTgenuinelycompeve.

4 Regulatory simplificaon & tax incenves to make Indian flagging and crewing aracve 5 Targeted niche play — India could focus on specific lanes (regional bulk, coastal containers, energy/chemicals) rather than trying to match Chinaingloballinerscaleimmediately

CaptPhilipMathews

Economyforthe PeopleorPeople fortheEconomy?

Every society faces a choice: should the economy serve its people, or should people serve the economy? The diﬀerence is not semanc but structural, shaping growth trajectories for generaons.

The United States once exemplified the first model. Investments in roads, bridges, and industry were not designed for quick returns but for broad public benefit. That foundaon produced decades of prosperity. As the U.S. lted toward financializaon and short-term gains people working for the economy its growthslowedandinequalitydeepened.

workingforthepeople—invesngboldlyinpublic goods, urban renewal, and green industries—it can unlock its demographic dividend. Otherwise, it risks falling into the trap of uneven growth: an economy where people toil for numbers, but societyatlargegainslile.

The verdict of history is clear: economies that workfortheirpeoplecreateprosperitythatlasts.

"When the economy works for the people, growth becomes prosperity; when people work fortheeconomy,growthbecomesaburden.”

China, by contrast, oﬀers a more extreme and recentillustraonoftheeconomyworkingforthe people. Railways, highways, housing, and industrialclustersliedhundredsofmillionsfrom poverty while fueling industrial strength. The state's relentless focus on people-centric infrastructure connues to sustain growth momentum.

Indiastandsatacrossroads.Ithasmadestridesin digital infrastructure and rural employment schemes, but the gaps in physical infrastructure, health, and educaon remain stark. Too oen, growth is pursued through the lens of private capital returns rather than broad social outcomes.

If India leans into the model of the economy

Foot Note: Per Keynesian Economic view ‘infrastructure’ building and facilitaon is the responsibility, duty and budget of the state for greater common good, especially the weaker and poorer at the fringes of economic developmental efforts and drive. Socialism cannot absorb such deficits,communismhasfailedandcapitalismwill seek highest returns on investments. Thus, rails, roads, bridges, viaducts, tunnels, metro must be provided by the state. The use, success, benefits, savings, energy savings and environmental plusesfrom‘metro’visavisbusautotaxiandcars are superior. Coastal haulage of sea freight, likewise is much beer than road and rail in reducing accidents (road deaths one every 3 minutes),fuelusagenforexsavingscompellingits promoonnpriorizaon!

CaptPhilipMathews

INDIANSHIPBuilding–WHATNEXT?

As authories raise bugle calls for sudden shipbuilding expansion to support seaborne trades seemingly driving the economy, it is me thatitanditselementsareclearlygraspedbefore jumpingforthemoon!

Most important is the cycle or cycles of Supply and Demand both in building and Freight rates. For,itisthepoisonpillaswellasdextrose!Booms are short-lived and recessions live long to correct imbalances!

Recovering capital costs (as high percentage of Timecharterhireandvoyagefreightrates–evenif CoAs) are elusive, as well researched/informed free market bargaining -duly recalled by brokersthat are real benchmark seers are miserly pendulumsaroundlast-dones!

533 T2 tankers and then a preserve of developed countries ll Japan got into 126 Freedom Grain suited, Fortune, Freedom MkII, Friendship etc it with everything starng with Iron ore imported, 228 SD14 from UK; Isherwood –longitudinal and transverse combined framing – enabled VLCCs and other specialist tonnage. Taiwan and Korea followed, with naonal demand itself India did endeavour with HSL but that did not build a market share, depending on Socialist and Communist blocks, later switching to Japan for World Bank Tankers and Korea for River Class Bulkers.

As such ships ordered at top of cycle is as suicidal as it can be! Sanko’s 125 new-building order in early ‘80s to replace and expand tonnage causing cash-recessionwassilliest!Forthetradewaitsfor cheapest freight with cargoes held back, being aware of compeon and markets! Posioning ballast legs and operang, manning and lay up costs of ships in any market, not secrets too! Reverse bidding perfected by Australia’s BHP Conglomerate, in a way is the ﬁnal screw on opmists.

Historically shipbuilding was linked with colonizaon -when Hindustan built for the English,thenwithWars-2710Liberty,534Victory,

Essenally shipbuilding, in today’s world assembling of blocks, engining and ﬁng out, seems easy and ready to relocate. However it is very specialized with automaon, quality, meliness and of course pricing with least claims to follow, Engine and equipment in short supply during booms. Funding is invariably available at costs linked to global economic condions, invariably propped up by shipbuilding naons through EXIM bank loans -indirect subsidies so to say- on bareboat by yards itself, closely funded by lending banks and of late such banks turning owners!

India’s dreaming of shipping with long coastline and high populaon at development stage may seem posive but over opmisc, as Sagar-Mala itself a non-starter with shipping being a joint subject between the Centre and the States. Even with recurring cycles, FOC (ﬂags convenience)

ships oﬀer compeve freight rates for India’s exim andassuchthereisnocompulsiontobeashipowner or builder, except to provide against embargoes, boycos, isolaon etc and reserve of specialized onesforlimitedtrades,notavailableinthechartered markets,likecoastal.

Break up of elements of shipbuilding in percenle terms vary with the type and size of ships, eg: Most takers are to have Double Hull, Inert Gas etc. Bulkers may be the simplest. Typically steel prices itself vary globally with the state of economy; equipment like Engines and others may be unavailable at short noce; even yard space too likewise, for that maer Brandingand`ﬁnish’arewithmarkups,nottoforget Class, built under Class, good accommodaon, swimming pool, Gym etc that cost cung yards like Chinesemaynotprovide.

More than special steel -high tensile and others, Engines and equipment are what are required, and along with them clusters to support them. The automobile engine is said to have 2000parts supported by specialized cluster of manufacturers. Can it be copied or upgraded in a jiﬀy is the right challenge. Engine manufacturers are few and well branded. The call for lesser polluon with newer enginesisachallengeindustryisgrapplingwithandit couldbeashowstopper!

cap listed Corporate* ﬁrms with risk spread over wide unrelated sectors, duly propped up by specialized MSME subcontractors in clusters around yards, backed up by smaller scaled `component’ manufacturersasinautosectors.

The employment generang Dry-docking and associated works like `Servicing’, Calibraon etc with technology transfer potenal could be considered for fast-tracking. There is no exigency or urgency for pursuing or promong shipbuilding when enough and more tonnage is available on call any me to support and promote trades, especially as India is a importer than exporter with ships geng free aer discharge on the coast, at lower freight/hire rates posioningfornextcargo,elsehavingtoballast!

IntheIndiancontext,directsubsidiesforshipowning has been misused and hasn’t enabled tonnage growth. Indirect ones like Tonnage Tax –fast tracked and `Infrastructure Status (long pending) haven’t been promove Shipbuilders to serve Navy, Coastguard and Island services are well ensconced withhighmarginson`costplus’derivaves!

As such, shipbuilding promoon -highly misunderstood to be of high employment potenal and technology transfer- are beer suited for high-

PS: Aging ﬂeet replacement is an urgency, but can’t waitfordevelopingyardstobuildthem.

Ideally, user industry firms like major Indian Oil and Steel firms could take a small leveraged equity in dedicated shipping firms, resng ship-management with SCI or similar org, though such equity may be against ` core competency’ business acumen. Further, any bureaucrac organizaon directly controlledbygovernmentisbound tobeatbeckand callofpolicians!

Capt Sury Pullat BA, MIOD, MCIArb, FICS, FICA Consultant, AUMNI Shipping & Founder-President, AMICIE

AchievingIndia'sMaritimeShipbuilding Vision2030:PathwaysforDemand, Orders,andYardCompetitiveness

TheMarimeVision2030

India’s Marime Vision 2030 sets an ambious target: to place the naon among the leading global shipbuilding hubs while ensuring domesc ﬂeet renewal and reducing logiscs costs. The government has already laid the foundaon with measures such as the ₹25,000 crore Marime Development Fund now

increased, the expected granng of infrastructure status to shipping and shipbuilding, and the newly approved Merchant ShippingAct2025areallenablerstothisvision.

Yet these iniaves will only remain aspiraonal unless Indian shipyards succeed in building steady demand pipelines, securing consistent order ﬂows, and addressing their structural weaknesses.

Externally, commitments to new green trade corridors such as the India–Middle East–Europe Corridor (IMEC) and the Vladivostok–Chennai route will demand fleets that meet high standards of energy efficiency and compliance, presenng another opportunity for local builders. If these levers are executed effecvely, they could create a reliable domesc order book of 200 to 300 vessels by 2030, enough to sustain medium-sized yards and aract foreign technologypartnerships.

The starng point for this transformaon lies in creang reliable demand for Indian shipyards. Fleet renewal must become an instuonalised programme, not a sporadic iniave. India’s ageing coastal and oﬀshore vessels need replacement,andlinkingsubsidiesandﬁnancing supporttoIndian-builtshipswouldlockinorders for domesc yards. At the same me, the government’s modal shi policy moving freight from road and rail to coastal and inland waterways—can generate steady requirements for shallow-dra cargo vessels, Ro-Pax ferries, andfeederships.

Financing has long been the Achilles’ heel of Indian shipbuilding. For decades, the sector was treated as speculave and cyclical rather than as crical infrastructure. That percepon is now shiing With shipping set to be formally classiﬁed as infrastructure, the economics of shipbuilding will be fundamentally transformed. Yards and owners will gain access to cheaper debt,longerrepaymenthorizons,andstructured products such as InvITs The ₹25,000 crore Ma

enhancement will further underwrite concessional loans, support leasing frameworks, and ease upfront capital burdens for operators. Ship leasing hubs, modelled on successful aviaon centres, can aract instuonal investors and sovereign wealth funds into Indian marime projects. Alongside this, targeted export incenves—duty-free imports of marine components,raonalisedGSTonshipparts,ship

export credit, and even ship scrapping credits—will sharpen India’s compeveness in bothdomescandglobalmarkets.Apredictable ﬁnancing regime will convert a cyclical, high-risk business into a stable infrastructure-linked asset class, encouraging both domesc ﬂeet owners andforeignbuyerstoplaceordersinIndia.

But ﬁnancing and orders are only half the bale. Execuon capability within shipyards is the decisive factor. Indian yards face several constraints. Infrastructure is capital-intensive, and many facilies lack modern equipment. The answer lies in creang shared marime clusters wheremulpleyards can accesscommon docks, cranes, and logiscs networks. Another challenge is the weakness of the ancillary base, with most engines, propulsion systems, and electronics imported Localisaon hubs for marine components, backed by tax incenves, can reduce dependence on imports and bring downcosts.

carriers Instead, Vision 2030 calls for smart compeon in niche, high-growth segments. These include green coastal and inland vessels such as baery-electric ferries, LNG- or methanol-fuelled feeders, and hybrid Ro-Pax ships; specialised oﬀshore support vessels such as dredgers and mulpurpose carriers; ice-class designs for northern corr

Vladivostok–Chennai; and retroﬁt and repair services ranging from energy-saving devices and hybrid propulsion retroﬁts to carbon-capture readiness. By focusing on these specialised segments, Indian yards can avoid direct price wars, command higher margins, and appeal to export markets in South Asia, Africa, and the MiddleEast.

Smaller yards, meanwhile, oen lack project management capability and skilled manpower, leading to delays and overruns. Here, a cluster–subcontractor model can help: small yards can specialise in blocks, modules, or ouing,andbeintegratedintolargerbuildsled by major shipyards. Above all, technology adopon is vital. Without digital ship design tools, block construcon methods, and advanced project management soware, Indian yards will connue to face chronic delays that erodebuyerconﬁdence.

In terms of global posioning, India cannot compete head-to-head with China, South Korea, or Japan in mass-producon tankers or bulk

Another crucial enabler is the workforce. India has already built a reputaon for supplying oﬃcers and crew through its Marime Training Instutes (MTIs). The same model can be replicated for shipbuilding. Dedicated training instutes for welding, fabricaon, electrical systems, and ouing trades are essenal. Apprenceship pipelines linking vocaonal schools and engineering colleges to shipyards can help close the gap in project managers and naval architects Industry-academia skilling frameworks must ensure that graduates are “yard-ready” with praccal experience rather than purely theorecal knowledge. Skilling, in this sense, becomes the bridge between policy visionandexecuon.

Shipbuilding is also inherently cyclical, and Indian yards must learn to manage downturns without collapsing A Naonal Shipbuilding Resilience Fund could provide liquidity in lean years.

Yards should also integrate steady revenue streams through repair, retrofing, and blueeconomy engineering services, which are less volale than newbuild orders. Long-term fleet renewal programmes, negoated between shipowners and the government, would create predictable order flows that smooth out cycles. These mechanisms transform shipbuilding from a boom-bust industry into a structured sector capableofsustaininginvestmentandtalent.

and cluster-based subcontractor support Addressingtheseissuessystemacallyistheonly way Indian yards can shed their image of underdelivery and emerge as credible players on the worldstage.

India’s Marime Vision 2030 is achievable if shipbuilding is treated not as a peripheral industry but as a strategic pillar of the economy and of naonal resilience. Demand generaon through ﬂeet renewal and modal shi, ﬁnancial innovaon through the Marime Fund and leasing hubs, and execuon readiness via clusters, localisaon, and skilling form the three anchors of this transformaon. Indian shipyards must think beyond survival and embrace special

Whenseenholiscally,thepathwaysfordemand to flow into Indian yards are becoming clear. ReformssuchastheMerchantShippingAct2025 will push owners towards compliant newbuilds and upgrade to coastal and inland vessels Financing incenves through the Marime Fund will lower costs for those who choose Indianbuiltships.Modalshisubsidiesandinlandfleet expansion will generate steady demand for smaller vessels. Long-term renewal contracts from PSU oil majors, coastal operators, and logiscs firms can guarantee baseline orders. And by specialising in green, offshore, and mulpurpose segments, Indian shipyards can tap into export demand from regional markets. These pathways, together, provide the order pipeline that Indian shipyards need to plan capacity, invest in technology, and achieve economiesofscale.

From the perspecve of shipyards themselves, the challenges are clear: cost disadvantages compared to global peers, an uncertain order pipeline, delayed execuon, skill shortages, and subcontractor fragility. The soluons are equally evident: concessional ﬁnancing, mandated renewal demand, digital shipyard systems, MTIstyle training instutes for shipbuilding trades,

professionalisaon.

The pathways for demand are opening, the financingdoorisunlocked,andthepolicywindis favourable. The challenge now is execuon. If the industry seizes this moment, by 2030 Indian shipyards will no longer be peripheral suppliers but central builders of the green, efficient, and corridor-ready fleets that will define the next phaseofglobalshipping.

N R KRISHNA KUMAR

Naval Architect

Co-founder and managing Director, Karminn Marine Pvt Limited Partners for Green Transion Member Execuve commiee AMICIE

MatchingChinainShipbuilding: India'sPathBeyondCheapLabor

TheIllusionofLow-CostAdvantage

The Shipbuilding edge lies in producvity, not low wages.

At ﬁrst glance, India's lower wages should make it a natural competor to China in shipbuilding. Yet, China dominates the market, while India lags behind. The paradox is simple: cheap labor is not the same as cost-eﬀecve labor. China's shipyards prove that higher wages can sll deliver lower unit costs because producvity, discipline, and management rigor maer more than the headline wagebill.

WhyChinaWinsDespiteHigherWages

eﬀecve cost per output unit is $225 vs $300. China isthusmorecompeve.

The diﬀerence also lies in foundaons China's investment in village-level healthcare and schools produced healthier, more capable workers. India, despite world-class universies and private hospitals, neglected its grassroots. The result is a weakerworkforcepipelinefeedingitsshipyards.

TheMissingLink:ManagementDiscipline

The producvity gap is not just about workers. It reﬂects how companies are managed. In India, many shipyards and manufacturing ﬁrms rely heavilyon experience-basedleadership rather than structuredmanagementsystems.

Chineseworkersearnnearlythreemesasmuchas their Indian counterparts, yet their producvity is oen four to ﬁve mes higher That ﬂips the equaon: a Chinese worker may cost more on paper, but per unit of output, China is actually cheaper

This is not only about wages—it's about workplace culture. Chinese workers execute instrucons with discipline and minimal conflict, giving supervisors more me to improve systems instead of firefighng disputes. In contrast, Indian workplaces oen confuse endless debate with democrac rights,erodingefficiencyanddeliverycredibility.

Example:IfanIndianworkerearns$300/monthand a Chinese worker earns $900/month, but the Chinese worker produces 4× more output, the

No Strategic Compass: Indian yards oen lack longterm plans China, by contrast, expanded shipbuilding with coordinated naonal strategies linkingshipyards,suppliers,andstateﬁnancing.

Weak Process Orientaon: Without codiﬁed SOPs and checklists, Indian ﬁrms struggle with consistency. In China, documented processes ensurequalityoutputregardlessofwhoisincharge.

Culture by Chance: Indian managers complain aboutpoorworkerculturebutrarelydesignsystems to shape it Chinese managers acvely enforce discipline and punctuality through structured incenves.

Connuity at Risk: Leadership changes derail Indian

projects. In China, instuonal frameworks ensure strategiesoutliveindividuals.

In short, while Chinese managers plan and execute systemacally, Indian managers oen react to circumstances.

WhatIndiaMustDoDiﬀerently

1. InvestinWorkerProducvity

Pay Fairly, Expect More: Raise wages but link them to measurable output. Cheap labor undermines skill-buildingandmovaon.

Strengthen Foundaons: Ensure shipbuilding clusters have reliable vocaonal schools and primaryhealthcarefacilies.

ReinforceWorkplaceDiscipline:Democracdebate hasitsplace,butinsidetheshipyardgate,execuon anddeliverymustcomeﬁrst.

2. ProfessionalizeManagement

TrainLeadersinManagementRigor:Leanpracces, Six Sigma, project management these must becomepartofshipyardleadership.

Marime Development Fund toward producvitylinkedimprovements,notjustexpansion.

Benchmark Globally: Track wage-to-output raos across Indian and Chinese shipyards to measure compeveness.

Build Clusters: Develop integrated shipbuilding hubs like Shanghai or Dalian that bring suppliers, housing, and tesng under one ecosystem.

Codify Processes: Instuonalize SOPs, workﬂows, andaudittrailsthatguaranteeconsistentoutput.

Shape Culture Deliberately: Use KPIs, incenves, andpenalestodriveculturalalignment,insteadof hopingitevolves.

Ensure Connuity: Anchor shipyard growth strategies to naonal marime policies, not personalies.

3. AlignwithNaonalPolicy

Financing with Accountability: Channel the

Compeveness

India cannot catch China by undercung wages. The real baleground is wage-to-producvity eﬃciency Chinese shipyards deliver more per worker, not because they are cheaper, but because they are beer managed and beer supported by systems.

India's opportunity lies in recognizing that discipline, fair wages, grassroots investment, and professional management are the real levers of compeveness. If Indian shipyards adopt these principles, they can shi from being low-cost laggardstocredibleglobalchallengers.

N R KRISHNA KUMAR Naval Architect

Co-founder and managing Director

Karminn Marine Pvt Limited

Partners for Green Transion Ex Member Execuve commiee AMICIE

MaritimeDisaster ResponseLegalConundrum

Welcome to confusion confounded. Caveat ﬁrst.

This is an awareness creang eﬀort for all in shipping from new entrants, execuves, managers and right up to Board Room, as shipping and trade by their nature are subject to alltheconvenons(pracces),Convenons(IMO wasonlyaConsultaveorgatstart)withRegional and Naonal variants, Laws, Secondary legislaon vide Rules and Regulaons drawn up authories, local pracces, and convenient impaculLawstoomadeontherunbyDictators, Military Junta, Milia whoever be it holds/claims toholdpower!

Righully it could be under Tort, Vicarious by agent/employee with ostensible powers, agent ofnecessityetc!Whynotmalfeasancetobringto books authories who overstretch themselves?!

For, a suspect is innocent unless proven guilty beyond reasonable doubts –reasonably by the accuser and authority; else compensaon for libel, slander loss of professional status etc ensue.

hearsays may have to be suspended or abandoned, ll Claims are properly quanﬁed and raised aer surveys with probable causes/reasons well reasoned out idenfying and nailing the blame-worthies as well. For, Insurance is one of well established systems, assuring & compensang for losses insured with proper disclosures, and subrogaon once paid, indemnifying too in some instances as by P&I: Protecon and Indemnity Clubs spreading their risks mutually, enforcing ‘Pay to be Paid’ and quite fairly under ‘Director’s Discreon’ with genuinefearthat‘ifitcanhappentoanyentered, itcanoccurtoany/allofus’!

The threat from shore sides especially where pollutants wash ashore, are criminalizaon and arrests of ships and its enre crew -as bargaining chips too- to obtain fair & unfair selements quickly -siphoned off by middlemen including officials before compensang the sufferers

Arrest of Master of X-PRESS PEAR in 2021 & connueddetenoninSriLanka,arrestofMaster of WAN HAI 5 by India and legal acon against MasterofMSCELSA3mayfallunderbacklashes!

Ifpostponingpropermaintenance/repairstodrydocking -aer recurrent power outages during port calls too, even if Class was maintainedunder well known Murphy’s Law was contributorycauseinDALIdisaster,shouldn’tthe Managers and all those in know should be prosecuted?

Faiths and beliefs in the system loaded with

Given that ‘Master’: Captain is considered as `alter ego’ (alternate soul) of the ship, his risks of arrestandincarceraonarehighasinthecasesof TOSA, HEBEI SPIRIT but set right by professionals!

That Classiﬁcaon Sociees -`Recognised Organisaons’, by Flag States could be at fault as in PRESTIGE where ABS (American Bureau was held) & NKK of Japan sued by Mitsui in break up andsinkingofMOLCOMFORTetceterapointthat othersincludingauthoriesliablecouldorshould alsobepursuedagainstonbehalfofdisillusioned cizenry It should as a maer of fair pracce include Port State Control that detains ships for ﬂimsy reasons, ignorant empowered

Administrators/bureaucrats taking law into their own hands by ordering `un-performable’ featswithinimpossibledeadlinescausingfurther dangers/disasters/claimsandcosts/expenses/ lossestoinsured/insurerstoo!

Recent disasters oﬀ Indian coast in Southwest monsooncouldbeagoodstarngpointtorevisit exisng ideals and pragmac possibilies with CompensaonregimesandSCOPICtoSalvorsfor minimising polluon even if Salvage was unsuccessful, as laid out in IMO Convenons and Strict Liabilies that automacally ensue accidents/disasters.

Here is list of internaonal ones that need be adhered to with proof, to trade free in a Naon’s Territorial Waters (12 naucal miles), EEZ ExclusiveEconomicZone(200nm)and withRight to Innocent Passage when passing by through such waters keeping the concerned coastal body ‘response’ organizaons informed of the dangerousnatureofship,cargoetal.Biodiversity Beyond Natural Jurisdicon –BBNJ at Treaty stageanewoneinoﬃng!Sobeerpullstrapsup!

1. CivilLiabiliesConvenonwithProtocols

2. FundConvenonwithProrocols

3. Hazadous and Noxious Substances Convenons

4. WreckremovalConvenon

avoid troubles and save me and associated costs (including repacking as/if necessary), entailingmoreresponsibiliesandcarebycarrier on being more aware of the cargo (in detail) as protected/praccedbyP&IClubmutuals!

Cargo is `stuﬀed’ in box and sealed by Customs, and reported by Forwarder and Agent to concerned authories. As three are privy to contents/cargo as declared by shipper why aempt to prosecute the Master, that too criminally? Such eﬀorts must be nipped in the bud and authories taken to task for misuse of their responsibilies and powers out of ignorance,throlingtradeorforgains!

As misdeclaraons are at stuﬃng stage, correct veriﬁcaon is one of SOLAS/VGM authority! Hence how and why to pursue carrier (mulmodal in fact, that can be monitored with RFI)andMasterstayselusive!

Arresng sister ships for security against `possible’cargoclaimsistakingimaginaonwide andwildbylawyersandJuscestoo!Aren’tthere excepons for perils of the sea in the BL, right to jeson - with perhaps GA of General Average kickingin!

5. BunkerConvenon

6. ShipRecyclingConvenon

Note: Containers/boxes with/without cargoes that fall oﬀ ships, sink, ﬂoat or wash ashore and jesoned cargoes heading shorewards that may cause environment polluon/damages would also be liable to pay compensaon through proximate connecon of last enty related to them.

One age old problem that will perhaps need be lived around with is ‘Cargo as declared by shipper’ which is based on `shippers’ stow and count (not to forget LCL boxes)’ as by pracce to

Criminal Charges against Owner, (Manager of ISM missing or eluding) Master and Crew while sparing cargo interests (Shipper / Trader / Receiver in righul possession of BL aer transferring as laid out in LC) seems a strange development that calls for immediate reconsideraon!

“An-suitinjuncon”canbesoughtwheninjured pares’/claimants’ domicile turns revengeful seekingcompensaonsbeyondprovisionsunder raﬁed Convenons etc? If ungraﬁed, ‘Act of God’ -if indeed there is one forbid, when laws taken into brains-hands twisng out of shape/recognion/applicaon!

What if the proximate-related asset ship itself is

lost and unsalvable? Do claims aributable stay valid?! In quantum and period with me limit? Mind you, `ﬁnders are not keepers’ any which way! Having a right only to recover costs entailed in saving/salvaging by luck or chance! With whom?H&Mwhopaidout?Salvorwhotriedbut failed?

Should the max limit available under

Convenons be called for, even if not necessary and would LLMC (Limitaon of Liability) be usable to limit and suﬃce claims’ response is an untestedqueson.

Having a `Retainer’ or Legal Eagle on call may not suﬃce to gauge impacts, as much of law as applicable is decided by Courts -themselves illinformed- and appeals there-from with certainty as grave casualty in all jurisdicons. Aberraons between Civil and Common is one, and Appeals between England and EU on `points of law’ another!

What if and when P&I Clubs advise the ‘entered’ to abandon crew (including Master) that could turn out as unfriendly witnesses, leng them ﬁght on defend own alleged errors / mistakes / oversights that may be pursued by Flag State / Licensors / Claimants etc, implicang `Shipmanagers’ (impacng GA too!) under ISM too?

samebunkersupplied!

Finally, War Risk Cover with more premia, may not be exactly what it says and means: not necessarily a `war risk’ so to say’! If and when ships are transing an area where there are or could be increased risks due to hosle or unfriendly acvies, War Risk Commiee transparently will decide on such calls having to be made! It could be quite simply risks to ship, cargoorevencrew whenceCrewmayhavetobe given opon to get oﬀ and be replaced to avoid risks that they don’t want to be exposed to!

What about third party: like Charterers, Stevedores, Agents etc- liability covers? It does occur that claims are raised against the registered owner (who anyway is the loser when vessel’s earning is interrupted) and shipmanagers –they usually having protecve cover from owners and indemnifying owners too for theirpartofculpabilies-eveninCharterChains, opening Pandora’s boxes of acon in courts all over the world. Recall the Bunker supplier and their agents’ problems that aﬀected shipping globally (World Fuel Services, SANKO, MISC etc) with few having to pay twice or thrice for the

Recall piracy and its risks and Courts ruling that `Guards’ (armed too –tarring the age old innocence of commercial ships) if employed by owner, may have to be paid by Charterers for trading in those regions and hire will connue evenwhenshipsaredetainedbypirates!

An Indian Lookout/helmsman and a Sri Lankan watch-keeper have been charged in a collision case with loss of life in Singapore and face ﬁnes andjailterms.Doesn’titappearthatallseafarers including rangs beer insure their ‘job risks’ to payupﬁneswhenimposed?!

As such in closing while wishing best of luck to all and sundry associated with shipping, stay abreast and try and foresee inevitabilies with professional views rather than wishing away dislikesisthewaytogo.

Capt Sury Pullat BA, MIOD, MCIArb, FICS, FICA Consultant, AUMNI Shipping & Founder-President, AMICIE

MARITIMEDISASTER RESPONSEOFF INDIANCOASTS

Not forgeng that it is marime adventures of shipping that linked civilizaons through trades and migraons bringing us all to digitalized earthly unity, enabling trade and assisng ships that get into distress due to perils of seas –insured- seems to be lacking and is called for to organizewithalacrity.

India as a spiritual non-violent civilizaon of yore with Ashoka, Buddha, Ambedkar, Gandhi etc choosing non-violence and non-alignment during cold wars standing by truth seeking peace, now attakeoﬀstagetobeaneconomicsuperpower,in reality today seems far diﬀerent from what it can &shouldbe.

Internaonal Convenons with Guidelines and Rules raﬁed by most countries, to be complied almost in all waters –except coastal and regional with some variaons- provides for priorizing Life, Environment and Property in such order Invesgaons into dangerous occurrences -near escapes too ( per Murphy's Law of `whatever can go wrong, wil!') -and accidents, sharing formal reports to learn from and draw up new rules/provisions have been the ongoing modus operanditoimproveandsustainsea-trades.

Typically, mely response with authority and responsibility -with budgets- linking various authories and down the line minions, is the call and need for standing up to challenges of marimeemergencies.

It is the Coastal State's duty to respond to incidentsatseaoﬀthecoastunlessitisfaroﬀinto the ocean. Be assured that shipowners are compulsorily insured for providing compensaon for Polluon, Wreck Removal etc should they eventuate They do have rights even under liabilies and are expected to use Salvors –with separate compensaon available- should it becomeunavoidableandbenecessitated.

Limitaon of Liability had been added in due course so that shipowners should not be under the threat of possible large claims leading to bankruptcy for each and every possible accidents andclaimsthereof TostartwithSeafarersarewell protected with Marime Labour Convenon and goodcompensaonincaseofaccidents–andalso tonextofkinandfamilies-iftheirlifesarelost.

Under the Indian Framework Merchant Shipping Actimposesdutytoassist under SOLAS,IAMSAR Convenons etc; also to invesgate Marime incidents and Accidents, but a body to undertake it like Marime Accident Invesgaon BUREAU is nonexistent!

Under Common Law (Civil Law aside), Writ by concerned cizen/aﬀected party may lead to intervenonbyHighCourts(SDMA:StateDisaster

Management Authority but Kerala HC in MSC ELSA a twist indeed!) Criminal laws aside, under erstwhile IPC now under BNSS Act , Police may get into acon and it could be `criminal'always!

In other words, local rules may be similar to IMO with regional diﬀerences that will have ﬁnalimpacts.

Contrasng with others like Immigraon, Visa etc, there are no provisions for every 15 days muster, no exit without clearance etc. There is no inter-authority/agency/department cooperaon or overview and so all are independentandeverythingis "subjectto xyz dept"!!

The

INDIANREALITYMIASMAandMACABRE

* ShipincidentinIndianwatersWanHAi503 (WH503)

* Crew Saved - ICG, SOLAS AND IAMSAR Dutycompleted

* SeafarersheldinIndiafor'invesgaon'.

* Vessel safe, no polluon per DGS. Vessel not in Indian EEZ. But crew held back for invesgaon?Why?

* KeralaHC - WP- open document- awaing forDGSreporttoconcludeWH503issue.

* DGSdirecngvesseloutofEEZ.(RefSDMA DGSSITREP)-Why?

* DGS Denying Port Of Refuge in India (Ref SDMADGSSITREP)-Why?

* Diﬀerences between approach of Centre andStateAuthories

* DGS has no authority over any port. Ports underseparateAct.

* Aer4months,9seniorseafarerssllheld 'capve' in India - though in hotel but in goldencage!Variousnaonalies;nodate knownwhenordealwillbeover.

India's –as a naon state too- Achilles Heel seems to be the bureaucracy of babudom (but good to hear that IMU is in the process of organizing pre-joining courses for IAS and others before occupying posts in Shipping and others that are very specialized)! It need be respecully submied that it may be right to hold onto seafarers just aer incidents -for negoaon advantage- stooges just in case required to man and handle the vessel; but when the ship has gone to Port of Refuge in Middle East, why not release the seafareres? It is as silly as it can be with no humane touch of sensivity!WhtifitisBabu'skinorkith?!

Commercial reality is no diﬀerent! Port of Refuge refusal by India has resulted in loss of revenueofcaretaking,inspecon,segregaon, surveys, ligaon, loss to GDP esmated to be aboutmin$100m.

Eg: Container ships operated by lines; 3-4

surveyors (one each line) and cargo surveyor; inspecons; environmental disposals as India is good at recycling!. Someone else pays to dispose items: Hazardous material charged extra with insurers normally paying to dispose properly

Boost to local economy viz to ports, local transportaon, labour etc. All for 4-5 months!

Boost to port revenue. Good for Indian PR! But refuge Arab Sea – Bay of Bengal - Indian Ocean region.Alllost!!.

True, decisions were taken with cauon; but govt exists for people and when median age in india is sub 30's and unemployment is in double digits, govt must work FOR people, creang opportunies out of bad occurences to boost local, state and naonal presge. It was all lost by short sightedness and lack of inter ministerial cohesive decision making lacking `awareness and smartness'onthego!

Designate two ports - one each on each coastwith capability of Port of Refuge and shipping incidents. If goal based framework is made and compliance le with professionals, it will work as required.

There happen to be at least 4-5 incidents in Arabian Sea,Indian Oceanand Bayof Bengalvery year.

The potenal is about $500m yearly: enough and more to set up and provide emergency equipment.

Please understand responsibilies and opportunies under internaonal convenons; rafy all (HNS Convenon covering Hazardous stuﬀ, Gases etc is pending) to beneﬁt from goal basedpolicies.

Capt Sury Pullat (with inputs from Indian mariner diaspora in UK)

Learnlessonsforthefutureatleast:ifonecansee and understand how world and shipping works! Leaving rhetorics " this is india", remember the treethatbendsneverbreaksinastorm.Someone else , facilitated negoang the pain issues, mandang RA for pain points, bend backwards and took away low handging fruit of $100 million plus.Whoworkdthere? Indiansonly!

Please develop naonal framework with inputs frominternaonalexpertsandprofessionalswith such experts who know how `systems' work! Ample Indian Diaspora and rered ones with expersetoo!

RecentdisastersoftheIndiancoastCauses,ConcernsandCorrections

Several recent disasters of the Indian coast have brought into sharp focus the gaps in the naon's regulatory compliance, operaonal and legal regimes. As with any event serious incident which happens to a ship at sea such as ﬁre explosion capsizing sinking grounding certain disasterrecoverymeasuresneedtobetaken This is a accepted requirement of all marime naons.

consequences. Several IMO convenons cover disastermigaonandrecoveryecosystems.The LLMC convenon which limits the liability of marime claims provides the ship owner with a upper limit for which he can be held liable for from the consequences of any serious incident The underlying premise is that the ship owner should be protected and not driven out of businessbytheﬁnanciallossofasingledisaster.

The coastal port flag has its own dues to perform; the ship owner has certain rights and certain liabilies. Migaon of the damage caused and salvage needs to be aempted immediately to minimise the loss to life and property and to prevent damage to the environment. In near coastal areas these disasters further have further damaging impact including dangerous cargos washing up on the beach, polluon and severe impact on fishing groundswithlossoffishinghabitatandlivelihood of fishermen. It is to be noted that under SCOPIC, Salvors will be paid for polluon reducon and avoidance efforts, even if the salvage may not be completelysuccessfulinallrespects.

Salvage is something that can be cannot be delayed and is to be aempted soon as it is clear that the ships own resources alone cannot cope withthedamagecausing incident.Thepriorityis to go in there save the life, prevent polluon and save property and thereaer deal with other

Salvage convenon is the regimes that encourages immediate acon to minimise the impact of the damage caused by the incident including the prevenon and spread of polluon. VariouscontractsincludingtheLloydsOpenForm are well designed to handle this complex operaons. Since no one knows how the salvage will take , what resources are required and what follow up acon is necessary , the salvage open form contract its very diﬀerent when any other contractintheshippingindustry Getinthere,do thejobandonceitiscompletedandthecostsare known and apporonment can be carried out as per the Salvage arbitrators award Next paragraph this of course begs the next queson adequately insured H&M as well as P&I so that the large outgo caused by complex salvage operaon does not again bankrupt the ship owner.

Loss of life is the biggest disaster and every eﬀort shouldbetakentoavoidorminimiseit.Anumber

of IMO convenons which legislate the working and rest hours of crew as well as the broad terms under which they should be employed. These include the Solas convenon for safety, the MLC convenon which deals with requirements of howcrewshouldbetreatedandtheILOcodealso governsthetreatmentandworkingcondionsof seafarers

stayincludingdetenonandarrestofthevessel.

This leads to the next issue of criminalisaon of seafarers, parcularly masters who are very oenmadescapegoats.

The absence of a Port of refuge leaves a ship at seaindistresswithoutaportofcalltoshelterand repair itself. In the case of WAN HAI 503 the vessel was fortunate to eventually reach JebelAli as a Port of refuge (POR) . Denying a vessel a POR or asking for it to be towed out territorial waters or EEZ does not solve the problem. Monsoon does not respect territorial limits Merely to wage a vessel out of territorial waters does not rule out the possibility of the ships capsizing and pollutants and dangerous cargo washing ashore anddamagingﬁshinggrounds.

India like other marime naons is expected to rafy these internaonal convenons and then codify them into local law The Merchant Shipping Act of India provides for a duty to assist ships in distress these are governed by the solas convenon. Minimum safety condions to be maintained on the vessel. In case of vessels that aremissingorwhicharereportedtobeindistress IMSAR (internaonal aeronaucal and marime search and rescue) convenon prescribes the need for Search and rescue of distressed vessels. The MSA also mandates that the Indian state has a duty to invesgate every marime incident. However here regulang authority is oen the invesgang authority as we saw in the P305 incident. It is urgently required that India sets up an independent Marime Accidents Invesgaon Board (MAIB) following the paern for Air accident invesgaon Such a Board should administravely placed under any Ministry under than MOPSW or Defence to maintainneutrality.

Though India had a long colonial history and civil disobedience, protests, marches were considered as acons to pressurise the colonial masters to give India independence, the pendulumhasswungtoofaraerIndependence. Just about anybody can seek and be granted a

To conclude correconal measures include seng up of naonal designaon of two portsone each coast ECI & WCI - with capability to handlePORandshippingincidents. Ifgoalbased framework is made with compliance le with professionals, it can work. There are at least 4-5 incidents in Arab SEA - Ind Ocean - BOB region each year. We are looking at not less than $500 millionintothecountrywhichisNOjoke.

So need to move away from regional ﬂare ups, understand internaonal convenons, sign up to all to take advantage, maintain a goal based policyandbuildcapability.

CaptSureshAmirapu

Seven Islands Maritime Training Institute

Seven Islands Maritime Training Institute (SIMTI) is one of the foremost maritime training institutes in the country. It is promoted by Seven Islands Shipping Limited - India's second largest shipping company in the private sector.

SIMTI is DG Shipping-approved and conducts pre-sea courses like Diploma of Nautical Sciences, Graduate Marine Engineer, General Purpose Ratings and ElectroTechnical Ofﬁcer. It is one of the largest institutes in India graduating over 500 candidates annually. Visit https://simtinstitute.org/ for more.

Hot-bedding* Shipping&Laws

Civilisaons and Laws thereof have come a long way from Sumerian mes -Hammurabi’s tablet* and Shamash* of Gilgamesh*, Indus valley etcinvoking temporal, spiritual and common’s powers* to suit the lawmakers themselves- be it r o y a l t y , d i c t a t o r s , a u t o c r a t s o r majoritarian*democracies,leadingtoconﬂicts*in internaonal laws* too. Having cornered such insidious powers, they have placed Shipping that has brought together selements connents afar and apart, at their mercy Nonetheless, shipping hashadcheckeredrecordofevasiveness(Salomon v Salomon & Co*Ltd HL unanimous benchmark) transforming the lay to advocates seng them on new paths. For, Marine Insurance* -mother of all such- is the one that catalysed trades by covering impercepble dangers and imponderable risks enriching vocabularies of languages, legalese, systems and Currencies, apart from goods exchanges, bartered or not, propelling trade beyondmeansandmeasures.

laws- goes to dispute resoluons, the chasm between laws and shipping remains unbridged. That Straight* B/L has not found favour in the main jurisdicons underscores it, all the more pernent as Transport Document* is a new found terminology for BL in Roerdam Rules* in the oﬃng, providing for delivery without BL too. The trade dictang in reverse what the laws should be about,oener!

It has been a relaonship of mutual give and take, live and let live imparng knowledge, pracces and wisdom into each other’s domains from colonies, vassals, suzerainty far and wide, separated geographically as much and as unfriendlyasCommon*andCivil*Lawsacrossthe Englishchannel.Globalisaonhasturnedusertoa facilitatorandontoademandingcustomertaking shipping to task and holding it responsible for Just In Time (JIT*) service regardless of unforeseeable marimeperils.

Considering that only small percenle of shipping trade disputes -excepons more relevant than

That commercial sense was read into Trip Charter (Wehr Trave*) is a relief, but that it has taken a century(AQASIA*)todenylimitaontobulkcargo (without count of packages/unit) is worrisome; that it is not easy to terminate underperforming Time Charter*-deducng pro-rata only, penal clauseitselfbeinginvalid;250%penaltyonfreight -if contracted so-of not so popular Hamburg Rules*, notwithstanding! Provisions for misrepresentaon, misdeclaraon, tendering NOR* without prejudice etc work well without disputes, but when voidable, void, invalid etc are argued anywhere, NORTHGATE* is not be forgoen, as subsequent acons would prove otherwise. Regardless of 1855Bill of Lading Act*protecng innocent third party* and what all has followed, ‘apparent condion*’ as altered by RETLA* separates trans-Atlanc views on Steel cargoes; photographs evidencing the unexplainable;LOI*withorwithoutBG*rulingthe roost in all trades, despite Clubs cauoning the entered*. That Strike Club*, ITIC* (of ’92 CISBA*and TIM* merger), TT Cub*, Charterers Club* etc cover some risks, Interclub Agreement* resolving between charterer/operators and owners is worth the menon, leaving Cargo

interests* to insure cargoes, claim against carriers, assign, subrogang it to their insurers, authorising insurers to sele -in or out of courtsﬁnally

Having prospered through Flags of Convenience* and isolated risks through single ship ﬁrms*, the threat of piercing the veil*(YANMIT*)restraint* and sister ship arrest* (MAERSK RONNEBY*) is uncomfortably lived with, Limitaon of Liability*(’76* reinstang GT*per ‘69*instead of LT* as in ‘57*) the only solace. To what extent these are similar and threat of arrests* dissimilar in various jurisdicons*with some turning popular -despite Arrest Convenon*- are of concern when shipping and law sleep together as strange bedfellows. Especially so, as India enacts AdmiraltyAct!

* Hot-bedding has many meanings, diﬀerent in theoﬀshoresectortoo!

commerce is raison d'être and me is money with ever-present risk of disputes arising that need be resolvedwithalacrityamicably

From Code of Jusnian* to Khap Panchayat* much has been done, but much le wanng too. Withjurisprudenceasscienceoftheﬁrstprinciple of Civil Law, what unfortunately has been precipitated is that Courts are about Laws* and not really about jusce*. How the system has ended up in such a culture is worth introspecng. In essence it is principle* and tenets* wherefrom they had originated that have to be upheld modiﬁedmutasmutandis*withmes.

Boat Note*and Mate’s Receipt* aside, that BL need be issued only on demand (Caravel Vs Premier Seafood ’15, Madras HC appoinng Sole Arbitrator)is no relief, as the Carrier* gets redeﬁned as the one who issues the doc in the Marime Plus Roerdam Rules* -taking liability to Registered Owner*, bringing in acve intermediaries, sidelining ocean transportaon legs and subjugang it to trucks, road and rail in marimeplusrules!Oh!ADRprovision*arelief!!

From Mansﬁeld* to Marshall*through Denning*, D i p l o c k * , B i n g h a m * e t c , l a w s f ro m Constuonal* to Mercanle* have evolved encompassing wide spectrums. From the need and idea of Rule of Law* to Salmond’s* Jurisprudence*, what has been sought and proposed is certainty* with caveat*-a century ago- that Jusce must seem to be a done*,with acceptancethatjuscedelayed*isjuscedenied! It is me to learn from history to avoid repeon, now at threshold of new ideas, mission with clear vision in instuon building to serve the needs of the trades of internaonal industry for which

When confusion compounds, reverng to plain reading*, common sense*, reasonableness* of the worried reasonable man on the omnibus, literal or ordinary meaning* (ECC has held that “act” in “act or neglect” in Clause 8(d) of InterClub Agreement ‘96 meant “any act” rather than “culpable act”) juxtaposed with honorable intent*, thankfully, though belatedly, on appeals, are resorted to. Words and phrases, over me, do morph into diﬀerent meanings perversely; to exemplify,‘private’ofcapitalismetymologicallyin Lan is its opposite ‘to deprive’, and not an apposite!

From Chicken Liver Test* (Wig to Wit –Courts of India: Past to Present*), of necessity, laws are one of codiﬁcaon of customs and pracces, consolidaons and foresights injected with opmisc dose of futurisc visions. Nonetheless, they fail, as in OW Bunker* case, when the end consumer ends up paying twice* or even thrice*, as it was held as -sui generis- special deal- under Sale of Goods Act*. As laws are of morality and ethics with credo, doctrines, tests etc, when it falters, fallout and recoil can benumb, especially as costs follow events*, as punive costs*too are also imposed. Fairness is what mercanle law seeks, and not correcve or compounding as in criminalreformatoryexercise.

ItisreallyhearteningtonotethatCourtshave

ruled that Lawyers with relevant experse can be considered as `commercial men’*(without gender discriminaon) for Arbitraon, and that Indian SC has ruled that ex-employees and government employees as arbitrators goes against natural jusce* since `no person shall be judge in his own cause’ (Nemo judex in causa sua*). Arbitrators do ‘make’ rules (HAPPY DAY*) against precedents -rao decedendi*-and on appeal, courts and Lords* oen say nothing new (HILLHARMONY*,justsafety!).

A canny demagogue elected as President -albeit constuonallyrightlybutshortofpopularvotesimpeding world trade developed through decades of understandings drawn up: GATT*, WTO*, MFN*, Regional Trade Associaons* etc, negavely impacng shipping is the nightmare looming on the horizon. Let us prepare for the worst, hoping for the best, while waing and watching.

communicaons ll Marconi*; thence liability provisionsstarngwithcrew-emancipangthem from slavery like risks; Loadlines, Safety equipment;responsibilityforcargoascarrieretc.

That every law in any jurisdicon is alien to shipping is not strange, it itself surviving circumvenng while bringing goodies to please one and all everywhere down the line, with shipmanagers* having to insll compliance culture* having pracsed magic pipes* and the like for a long me. That ﬂags have to be ﬂown even at night* is not funny or being shot* when stepping ashore to read draught marks* too, has been taken as fait accompli* is yet another strange maerofseafaringriskfoundashore!Notenough facilies to land waste per MARPOL* is nightmare and that one can be gaoled and criminalized* (as pawn for more compensaon) for wrong entries in log book -albeit made out of jurisdiconpresented as evidence to support compliance, another.

Shipping seeking mercy while connuing to bear the burden of trades, looks up to laws and the like to work harmoniously seeking soluons: like in due diligence on seaworthiness-Muncaster Castle*, and utmost despatch* PEARL C*-on slow steaming* to save costs or minimize polluonthat are worn like garlands around the neck with duty of care* out of strict professional experse, despiteeﬀortstopass/sharewithusercharterers. However, pragmacally geng it right is via media, without being illegal* or unlawful*, or for thatmaercriminaloragainstpublicpolicies*.

From the fall of Constannople* disconnecng Silk Route* through Peace of Westphalia*, over half a millennium shipping has sailed as catamarans, dugouts, canoes, yachts, liners, tramps etc maturing from generic to specialists in general cargo, bulk: wet and dry; gas, chemicals, Pax, ferries etc relying on wind-sails, coal, furnace oil, diesel, dual fuel, LNG and now Solar; in good faith without Class*for the ﬁrst half ll called for by insurance with disclosures*; without

That Hague*and Hague Visby Rules* connue to be in force as COGSA, Tonnage Convenon* in force belatedly quarter of a century late; MARPOL* changing the rules of the game technically and operaonally with -OPA* stealing thunder; Hamburg Rules* not geng good tracon; Mulmodal Convenon* not in force; Roerdam rules* not raﬁed*; FAL* convenon not enforced; Salvor* geng arrested* for incidental polluon* and related causes: Tasman Spirit*; China’s new Silk Route* etc etc, are reasons enough for bright lawyers to get interested/involved in shipping, pro bono*, c h a m p e r t y * o r n o t ! C o n t r a c t u a l

Terms*&Condions* apart, devil is in details; Charter chains*with outdated CPs lacking clarity, despite amended/revised/recommended versions! Frustraons* aside, damages*, detenon* etc are catch words that unite mariners*andlawyers,withliquidateddamages* as a trump card to tout peace in adversarial*

tones Safe Port*, NAABSA*, UKC*, PIANC* (World Assn for Waterborne Transport Infrastructure),arestarngpointsforligious! That technology -as in OBOs disappearing in ‘70s, bulkers breaking up in ‘80s, RoRos succumbing, converted VLOC disappearing in ’17; trades, praccesetchaveendangeredshipsandmariners alike in their pursuit of lure of lucre are best exemplified by new rules/Codes* for every major marine accident –Grain rules*, IMDG*, Transportable Moisture Limit*, IMBSC*, IGC*, CSS*, IGF*etc. That Container Trades connue to malpracce with mis-declared box weights, pleased with `said to be (APL AUSTRIA* fire in ’17 suspected of Calcium hypochlorite (CaCl2O2) viz bleachingpowder),saidto:contain,count,weigh’ is cause of grave concern, as trades get beer of authories (Caravel Vs Jt Secretary (Ra) Madras HC ’16 fined agent* per IGM*for box found empty), seafarers and unions, regardless of a SOLAS mandate to set things right on weight declaraonwithindeadlines!

imbalance -imbibing brine and urine- resorng to cannibalism when unavoidable, stoic sailors mapping oceans had brought misconceponsreligious included- to shame: cosmography, ﬂat earth, geocentric, heliocentric, ellipcal to ellipsoidal!

Cargo declaraon is suspect, fire a major risk sll, thereisnosightofPortofRefugeaerdisastersof ERIKA*, CASTOR*, PRESTIGE* etc due to NIMBY* syndrome; MOL COMFORT*, RENA*, TAIPEI*, MAERSK HONAM etc box ship disasters poinng to insufficiency of salvage facilies and gargantuancostsinvolved.Offshoreenergysector is another ball game altogether; its nemesis Shale oilindeed.

Rules are not made by naon states alone, individual states (USSC ruling in favour of INTERTANKO* against Washington on appeal through 9th Circuit), IMO, non-constuonal one like CMI* etc, but enforced outside jurisdicons too with hot pursuit as in TOSA*taking ship and crew to port to invesgate and demand selement–reputedownerssuccumbing!Master of BLACK FOREST* was arrested for beaching ship while leaving port with ﬂuidizing cargo wrongly declared by shippers: the shore side, hand in glove! Master barred from Command in a port area (Jag Laadki ’17 in UAE) and ﬁned too is a new development! Shipping isn’t a clean business, Vietnam sentencing two execuves to death in Vinashin ’17 for embezzlement! UK’s Bribery Act boundtostretchitslongarmofthelaw!

ZHENG HE* to Magellan* circumnavigangproving Galileo, astronomically ﬁxing* posionssuﬀering from scurvy, dehydraon and mental

Mutual*P&I*Clubs* cover torts* -foreseeable or inconceivable, under Directors’ discreons*, in the process geng blackmailed in many jurisdicons for roune work or speed money* (imported into Indian Arb Act amendment*); based in tax havens* their intransigence -due to wise reading* of fine prints*- leading to absolute/strict* liability* provisions as CLC* for persistentoils*,Bunkers*,Wreck,MLC*etc.From Salvage* to General Average* it is shipping that settrendsdrawinguprulesforrisks;butwhenthe lay and landlubbers started drawing up Convenons, Acts and the like, for interpreng them in Courts, defence morphed into offence with forum convenience*, detenon* and arrests* with lien* and bailiff* coming out of closets. Established internaonal pracces and respectable judgments do have persuasive value, with the locale free to enforce whims and embargo*.

Equity* and laches*aside, marime lien*for necessies* -varying with jurisdicons: bunker*for one- like parasic leeches, encumber even through S&P* ll sorted ﬁnally out through indemnies*, eventually arrests perhaps; all Indian HCs (PRANBURI* Delhi HC ’96; holding suppressioveri*)havingadmiraltyjurisdicon;

Courts/Laws subtly reaching foreign shores too (Kerala HC BMC GENESIS*in Nigeria) regardless of ArrestConvenon*provisions.

Going forward MPS -Marime Spaal Planning* process bringing together mulple explorer and exploiter users of the ocean -energy, industry, government, recreaon, conservaon etc - to make informed coordinated decisions on ulising resources sustainably, is pregnant with possibilies of internaonal disputes to be resolved. Herein are opportunies and challenges!Atseaandincourts!

WouldAdmiraltyActcreateopportuniesfor`hot pursuit’ of vessels on not so innocent passage*in territorial waters?(ICG* had in Sea-Air effort so done to SEVASTOPOL* in ’15 per Madras HC orders) As for intermediary service providers, be cauoned that the circular indemnity of HIMALAYA* clause does not suffice; taking cover for their professional services, risks liabilies is mely and instrucve. Newer ports and terminals askingtobeindemnifiedbycallingvesselsisanew atudinal shi! But the way Arbitraons is pracsed -CPC* and Evidence Act* not to apply though- mirroring Court procedures, calls for a sea change, as SC has said no need to address as my lord, your lordship, your honour etc; mediaontoo.

MARINESOLUTIONS

Speedyneedycalltoresolve Trades,Ports,Acts,Convenons, Disputesherethereinthemain Customs,Conﬂictsarethemain YoursnottoaskW*s;butjustsolve

Status of Internaonal Marime Convenons raﬁed/enactedbyIndia: hp://www dgshipping gov in/Content/PageUrl aspx?page_name=ShipManualChap10 hp://www imo org/en/About/Convenons/Sta tusOfConvenons/Pages/Default.aspx hp://www imo org/en/About/Convenons/Sta tusOfConvenons/Pages/Default.aspx

NB: AMICIE -Associaon of Marime Internaonal Commercial Interests& Experse-is launch pad of such eﬀorts to synthesise and synchronise, integrang professionals in shipping andlegaldom.

Capt Sury Pullat

BA, MIOD, MCIArb, FICS, FICA Consultant, AUMNI Shipping & Founder-President, AMICIE

Time

Bars&Multimodalism

CanaShipownerbeheld liableforconversion?

An incident in early 2000's brought to light one of the largest issues faced by the Shipping world. A Ship carrying goods from Hong Kong to West Africa, made several halts at various ports in China. At these ports persons pretending to be associated with the consignees, presented the Ship Owner with fraudulent bills of ladings, resulng in the Ship Owner handing over possession of the cargo to these fraudsters Only when the true owners approached the Ship Owners with the Original Bills of Ladings was the conspiracy uncovered This incident led to a dispute between the Ship Owner and the Cargo Owners before the High Court of England & Wales (Admiralty Division). The Court found in favour of the Cargo Owners and signiﬁcantly held the Ship Owners liable for conversion The Court went on to make the following observaon, "23. They say that the defendants were under a duty, both as a maer of contractandatcommonlaw,todeliverthegoodsto them and that they failed to do so. If, therefore, the queson is whether the defendants were fairly informed of the case the claimants are seeking to make, the answer in my view is that they were. In thesecircumstancesIdonotthinkthatthepleading requires amendment in order to ensure that the defendantsaremadeawareofthegeneralnatureof the case being made against them." Mos Exports Ltd.v.DampskibsselskabetAF1912Akeselskab& Anr.[2001]EWHC499(Admlty).

Owner is merely in possession of the goods only for the purpose of transportaon of such goods withoutanytleoverthegoods.

Whatthenisconversion?

Conversion is a tort commied intenonally and consists of "taking with the intent of exercising over the chael an ownership which is inconsistent with the real owner's right of possession" Whereas some also categorise it as an act or a series of complex acts inconsistent with the right of actual owner, whereby the owner is deprived of the use and possession of his chael. It is an act of "wilful interference"whichimpliesanelementofintenon i e , an act commied with the intenon of interferingwiththerighulrelaonofapersonwith hischael.

WhatamountstoConversion?

Conversion can be commied in a variety of ways, including:

• intenonallydestroyinggoods;

• changing the nature of the goods (e g converngapplejuiceintocider);

• taking possession of another person's goods or making it impossible for a person to exercise their right to possession; (e g pawning a person'sjewellery);

• usingaperson'sgoodswithoutpermission;

In theory, an act of conversion interferes with the right of the owner of the goods to possess and control the goods as the owner deems ﬁt, the Ship

• unreasonably refusing to return goods aer a demand;

• disposingofanotherperson'sgoodsbysellingor pledgingthem;

• A mis-delivery of property by any bailee, to a person unauthorized to receive, is a conversion rendering the bailee liable in trover, without regardtothequesonofcareornegligence.

MediterraneanShippingCo.SAvTrafiguraBeheer BV&Anr.[2007]EWCACiv974 is an Appeal before the Court of Appeals filed by the Ship Owners (MSC SA) seeking reversal of an order for payment of value of goods and interest in favour of the Cargo Owners (Trafigura) by the High Court, England and Wales. The cargo owners sued the ship owners for conversion of goods and breach of contract for shipment of containers from Durban to Shanghai. Fraudsters by way of presentaon of false bill of ladings, were about to collect the delivery of the cargo from the Ship Owners. Next day the Original Consignees approached the Ship Owners for collecon of the cargo but were unable to immediately do so. The Ship Owners contacted the container terminal and were able to recover the goods but the Original Consignee & cargo owners were unable to take delivery of the goods as the delivery order was not stamped with any record of duty and the cargo was held at the container terminal. The Cargo Owners being aggrieved by the situaonapproachedtheCourtsinEnglandseeking compensaon and payment of the value of the goods. The Courts found in favour of the cargo owners and held the ship owner is liable for conversion. Court directed the ship owners to pay the enre value of the cargo at market rates of goods at the me of the judgment. The Court of Appeal overturned the order for payment of interest as the same would amount to double benefit as the value of the cargo had significantly increasedsincethemeofconversion.

Mediterranean Shipping Co. SA v Traﬁgura Beheer BV & Anr [2007] EWCA Civ 974 is an Appeal before the Court of Appeals ﬁled by the Ship Owners (MSC

SA) seeking reversal of an order for payment of value of goods and interest in favour of the Cargo Owners (Trafigura) by the High Court, England and Wales. The cargo owners sued the ship owners for conversion of goods and breach of contract for shipment of containers from Durban to Shanghai. Fraudsters by way of presentaon of false bill of ladings, were about to collect the delivery of the cargo from the Ship Owners. Next day the Original Consignees approached the Ship Owners for collecon of the cargo but were unable to immediately do so. The Ship Owners contacted the container terminal and were able to recover the goods but the Original Consignee & cargo owners were unable to take delivery of the goods as the delivery order was not stamped with any record of duty and the cargo was held at the container terminal. The Cargo Owners being aggrieved by the situaonapproachedtheCourtsinEnglandseeking compensaon and payment of the value of the goods. The Courts found in favour of the cargo owners and held the ship owner is liable for conversion. Court directed the ship owners to pay the enre value of the cargo at market rates of goods at the me of the judgment. The Court of Appeal overturned the order for payment of interest as the same would amount to double benefit as the value of the cargo had significantly increasedsincethemeofconversion.

An incident in early 2000's brought to light one of the largest issues faced by the Shipping world. A Shipcarryinggoods fromHongKongtoWestAfrica, made several halts at various ports in China. At these ports persons pretending to be associated with the consignees, presented the Ship Owner with fraudulent bills of ladings, resulng in the Ship Owner handing over possession of the cargo to these fraudsters Only when the true owners approached the Ship Owners with the Original Bills of Ladings was the conspiracy uncovered This incident led to a dispute between the Ship Owner and the Cargo Owners before the High Court of England & Wales (Admiralty Division). The Court found in favour of the Cargo Owners and signiﬁcantly held the Ship Owners liable for conversion The Court went on to make the following observaon, "23. They say that the defendants were under a duty, both as a maer of contractandatcommonlaw,todeliverthegoodsto themand that they failedto do so.If,therefore,the queson is whether the defendants were fairly informed of the case the claimants are seeking to make, the answer in my view is that they were. In thesecircumstancesIdonotthinkthatthepleading requires amendment in order to ensure that the defendants are made aware of the general nature of the case being made against them." Mos Exports Ltd. v. Dampskibsselskabet AF 1912 Akeselskab&Anr.[2001]EWHC499(Admlty).

the chael an ownership which is inconsistent with the real owner's right of possession". Whereas some also categorise it as an act or a series of complex acts inconsistent with the right of actual owner, whereby the owner is deprived of the use and possession of his chael. It is an act of "wilful interference"whichimpliesanelementofintenon i e , an act commied with the intenon of interfering with the righul relaon of a person withhischael.

In theory, an act of conversion interferes with the right of the owner of the goods to possess and control the goods as the owner deems ﬁt, the Ship Owner is merely in possession of the goods only for the purpose of transportaon of such goods withoutanytleoverthegoods.

Whatthenisconversion?

Conversion is a tort commied intenonally and consistsof"takingwiththeintentofexercisingover

WhatamountstoConversion?

Conversion can be commied in a variety of ways, including:

• intenonallydestroyinggoods;

• changing the nature of the goods (e g converngapplejuiceintocider);

• taking possession of another person's goods or making it impossible for a person to exercise their right to possession; (e g pawning a person'sjewellery);

• usingaperson'sgoodswithoutpermission;

• unreasonably refusing to return goods aer a demand;

• disposingofanotherperson'sgoodsbysellingor pledgingthem;

• A mis-delivery of property by any bailee, to a person unauthorized to receive, is a conversion rendering the bailee liable in trover, without regardtothequesonofcareornegligence.

shipment of containers from Durban to Shanghai. Fraudsters by way of presentaon of false bill of ladings, were about to collect the delivery of the cargo from the Ship Owners. Next day the Original Consignees approached the Ship Owners for collecon of the cargo but were unable to immediatelydoso.TheShipOwnerscontactedthe container terminal and were able to recover the goods but the Original Consignee & cargo owners were unable to take delivery of the goods as the deliveryorderwasnotstampedwithanyrecordof duty and the cargo was held at the container terminal. The Cargo Owners being aggrieved by the situaon approached the Courts in England seeking compensaon and payment of the value of the goods. The Courts found in favour of the cargo owners and held the ship owner is liable for conversion. Court directed the ship owners to pay the enre value of the cargo at market rates of goods at the me of the judgment. The Court of Appeal overturned the order for payment of interest as the same would amount to double beneﬁt as the value of the cargo had signiﬁcantly increasedsincethemeofconversion.

Mediterranean Shipping Co. SA v Traﬁgura Beheer

the container terminal and were able to recover the goods but the Original Consignee & cargo owners were unable to take delivery of the goods as the delivery order was not stamped with any record of duty and the cargo was held at the container terminal. The Cargo Owners being aggrieved by the situaon approached the Courts in England seeking compensaon and payment of the value of the goods. The Courts found in favour of the cargo owners and held the ship owner is liable for conversion. Court directed the ship owners to pay the enre value of the cargo at marketratesofgoodsatthemeofthejudgment. The Court of Appeal overturned the order for payment of interest as the same would amount to double beneﬁt as the value of the cargo had signiﬁcantly increased since the me of conversion.

BV&Anr [2007]EWCACiv974isanAppealbefore the Court of Appeals ﬁled by the Ship Owners (MSC SA) seeking reversal of an order for payment of value of goods and interest in favour of the Cargo Owners (Traﬁgura) by the High Court, England and Wales. The cargo owners sued the shipownersforconversionofgoodsandbreachof contract for shipment of containers from Durban to Shanghai. Fraudsters by way of presentaon of false bill of ladings, were about to collect the delivery of the cargo from the Ship Owners. Next day the Original Consignees approached the Ship Ownersforcolleconofthecargobutwereunable to immediately do so. The Ship Owners contacted

Sang Stone Hamoon Jonoub Co Ltd v Baoyue Shipping Co Ltd ("The Bao Yue") [2015] EWHC 2288 (Comm) was decided by the England & Wales, High Court in favour of the Shipowner (Defendant). The claim is for the conversion of a cargo of iron ore carried from Iran to China along with a counter claim for storage charges. Due to a dispute between the holder of the Bill of Lading and the Shipowner, former was unable to release thecargouponpresentaonatthedischargeport. Thelaerwasforcedtoputthecargointosecured storage. Sang Stone Hamoon Jonoub ('claimant/ consignee')madetwoclaimsofconversionagainst the Shipowner, ﬁrstly the acon of the Shipowner to store the cargo caused the unnecessary increase in the storage cost (i.e. accumulaon of lien) and secondly the alleged denial of access to the cargo by the Shipowner Both the claims failed short before the Court, which held that the Claimant was in breach of contract, failing to adequately take delivery of the cargo. Further it

was held that, the Consignee had failed to present the original bill of lading and was never denied accesstothegoods.

The Hon'ble Madras High Court in the case of The Union of India v Ralli Brothers Ltd., (1968) 2MLJ 199,O.S.A.No.64of1961reiteratedtheposionof The Hon'ble Supreme Court of India in the case of The Trustees of the Port of Madras by its Chairman V.K.P.V. Shaik Mohamed Rawther and Co. (1963) 2 S.C.R.(Supp.)915onthedutyoftheshipownerand hisrelaonshipwithotherparesincaseofdelivery ofgoods.

bailee. The Board does not get the goods from the consignee...."

Conclusion

A vessel owner can be held liable for conversion of goods, although a vessel owner under unusual circumstances such as necessity or distress may seek the permission of the cargo owners/ court to ulisethesegoods.TheInternaonallawonliability for conversion has to be understood as modiﬁed from me to me as applicable to each scenario. In-case consent is not sought it would be necessary to prove that the 'ends jusfy the means' and that thecircumstancesmadeitimpossibleforthevessel owners to seek appropriate permissions from the cargoowners/court.

"Thereisnodoubttheship-owneristhebaileeofthe shipper,theconsignor,andthatheisresponsiblefor the delivery of the goods to the consignee or a transferee according to the terms of the bill of lading. This duty the shipowner discharges only when he has delivered the goods to the consignee or such person who be entled to take delivery in accordance with the endorsements on the bill of lading. ……. It is true that on the Board's taking charge of the goods and giving a receipt about it to the ship-owner, the master or the owner of the vessel is absolved from liability for any loss or damage which may occur to the goods which had been landed, but this provision by itself does not suﬃce to convert the receiving of the goods by the Boardaertheyhadbeenlandedbytheship-owner to the Board's taking delivery of those goods on behalf of the consignee. The Board simply takes charge of the goods on being required by the steamer-agent to take charge of it It is clear therefore that when the Board takes charge of the goods from the ship-owner, the ship-owner is the bailor and the Board is the bailee and the Board's responsibility for the goods thereaer is that of a

Authored by: Quadraant Legal Capt Pankaj Kapoor

India'srecentmaritime reformsneed coursecorrection

The passage of the Indian Ports Bill, 2025 in the Rajya Sabha, on August 18, marks a pivotal moment in India’s marime legislave history. Intended to repeal and replace the Act of 1908, it comes alongside the newly enacted Coastal Shipping Act, 2025, the Carriage of Goods by Sea Bill,2025,andtheMerchantShippingAct,2025,a legislave package that the government hails as crical to streamlining marime governance and bringing India’s shipping regulaon in line with globalpracces.

Progress but with pialls: At first glance, these new laws represent a comprehensive aempt to modernise India’s marime governance. India’s marime regulaon is fragmented and outdated, with modern shipping finance, offshore operaons and internaonal convenons long having outpaced the legal and operaonal frameworksinplace.ForIndiatoexpanditstrade, aract foreign investment and enhance its marime standing, aligning with global best pracces is indeed necessary. In parcular, the Indian Ports Act has been hailed as a facilitave law one that enables ease of business, promotes sustainable port development, and brings coherence to India’s otherwise disjointed regulatory environment Even so, the Bill’s passage without a serious parliamentary debate or referral to a standing commiee raises quesons, underlining the absence of polical consensusandpublicscruny.

feature,theMarimeStateDevelopmentCouncil (chaired by the Union Minister of Ports) as a centralised policy-making authority with the power to direct States to follow central guidelines. Far from an illustraon of cooperave federalism, they contend, the new Ports Act is an example of federal subordinaon, designed to ensure that States align their port development withcentralplans,suchasSagarmalaandPMGa Shak regardless of their own priories. Crics point to the Marime State Development India should modernise its marime legislaon, but reform should not be at the expense of federal balanceandfaircompeon.

Council's structure and intent, where State marime boards cannot adjust their own frameworks without central approval, as stripping coastal States of ﬁscal autonomy and ﬂexibility, even while burdened with ght pop managementresponsibilies.

Notably, the Ports Act, 2025, has been cricised for centralising power at the expense of the States, dilung safeguards meant to protect Indian sovereignty Crics point to its main

The cricism is not conﬁned to federal concerns. Experts warn that the new law introduces vague, discreonaryregulatorypowersthatcouldsaddle smaller operators with/unmanageable compliance burdens. Equally troubling is the approach to dispute resoluon: clause 17 of the Bill bars civil courts from hearng Port-related disputes, forcing pares into internal dispute resoluon. Commiees .commiees created by the very authories they are contesng. Analysts cauon that the absence of imparal, independent judicial review could deter private Investment and erode trust in the regulatory system.

The issue about ownership: The Merchant ShippingAct,2025,isnotfreefromflawseither.It seeks to modernise registraon, ownership rules, safety standards, environmental obligaons, and liabilityframeworks,withsomeadmiedlynotate pluses: expanding vessel definions to cover offshore drilling units and non-displacement cras, ghtening oversight of marime training instutes; and aligning India's lability and Insurance rules with internaonal convenons. Yet tucked into the fine print is a loophole in ownership safeguards Under the Merchant operators. What is most troubling is that it hands the execuve a blank cheque to dilute ownership requirements whenever convenient, raising the risk of India sliding into a flag-of-convenience jurisdicon where foreign owners control ship flyingtheIndianflag.

Endangering smaller players: The ﬁnal component of India's marime reform package, theCoastalShippingAct,ostensiblyaimstoclarify andstrengthencabotagerules,ensuringthatonly Indian-ﬂagged vessels engage in domesc coastal trade Though well-intenoned, it gives the

Director General of Shipping sweeping discreon to licence foreign vessels on vague grounds such as "naonal security or "alignment with strategic plans"open-endedclausesthatinvitearbitraryor selecve applicaon. The real burdens are likely toﬁtonsmalloperators,parcularlyintheﬁshing industry, who will struggle to comply with mandatory voyage and cargo reporng requirements in the absence of clear guidance on how such data will be used or protected. MembersofParliamentfromtheOpposionhave warned that the Act hands too much control to India'slong-termmarimesecurity.

Abhijit Singh

rered naval oﬃcer and the former Head of the Marime Policy Iniave at the Observer Research Foundaon, New Delhi

AnOdetoacoastalship

I am a coastal ship—designed, built, and born in India. Small, yet agile and capable. I take many forms: some of us haul goods, some carry fuel, others pull heavy barges across the seas, and a fewhelpbuildportsandoﬀshoreinfrastructure.I am built tough, but I receive lile respect. How long,Iwonder,canIkeepﬁghngthisneglect?

Although overlooked, I yearn to prove my worth. Ilongtoserve,tobepartofthegreatjourneymy country is making. My ancestors and I have tried hard,butsinceIndependence,wehavestruggled to succeed. Many of my sisters have le for distant shores. Yet I have not given up. One day, I hope, I will earn the respect and admiraon of mycountrymen.

an unacceptable risk. I honestly feel that they have never taken the trouble of even knowing me.

I am at a loss to understand why my precious cargoes need to be hauled through bureaucrac and expensive customs clearances when our roadandrailcompetorsfacenosuchignominy.

Coastal shipping in India is very much the stepchild of our marime eco-system, neglected, mistreated and le to fend for itself. The apathy is across the board, from our law makers, marime administrators and ports to our bankersandstatutoryenforcerslikecustomsand immigraon. In the process of manoeuvring all the obstacles, I lose any chance of compeng withmyroadandrailcousinswhohavepowerful lobbies that ensure that their movements are seamlessandhasslefree.

I feel bad when I see bankers running aer my road cousins to ﬁnance their trucks and operaons, mostly even collateral free. They have been knighted with infrastructure status. Yet the very same bankers shun me like a leech, notaccepngmeascollateral,consideringmeas

Unlikemyroadandrailcousins,Idonothavethe liberty of arranging my own loading and dischargingoperaons.Iamforcedtoacceptthe costs and terms imposed by expensive and somemes ineﬃcient ports and stevedoring monopolies.

I need a port agent to even call a port, a customs house agent to clear my goods, a stevedore to load and unload me, a chandler to provide me food.

I pay through my nose to have my garbage cleared, even more to fill my tanks with water and fuel. I have to go to London to have my risks insured.IhardlyhaveanydrydockswhereIcould rest my boom every thirty months. And when I findone,myearningscannotaffordit.

My regulators have failed me too, they impose on me rules and compliance requirements that go beyond the holy grail of MARPOL and SOLAS, costs that I can ill aﬀord and adding to my ﬁnancialdistress.

I always have a friendly port of refuge within a few miles but yet I carry radio and safety

equipment far beyond what I need, I carry publicaons that no one reads, I ﬁll so many forms that that makes no sense, much of the paper quickly consigned to the landﬁlls, paper thatneverneededtobeinked.

Even my crew are forced through rigorous immigraon procedures, even for taking a voyage from one port in my country to another port in my own country And when they reach a port, they are not allowed out for rest and recuperaon. They are treated like an enemy while they work for the naon. They don't get the respect and adoraon that the naon owes them for the rigours they go through to keep the wheelsoftheeconomyrunning.

These days, very few officers and crew want to join me on my adventures and I am oen held back in ports due to this shortage of staff My owner tells me that those available are unaffordable. Able bodied men and women don't want to join me, to help me make my voyages.Ioenfeelunwantedandabandoned.

dedicated to their needs, low cost of services, freedom to sail in and sail out without let or hindrance, freedom for their crews to walk in and out, a very supporve administraon, a well tuned and empathic ecosystem They and their cargoes are neither hindered by customs or immigraon. They sail in and out, righully feeling that they are an invaluable part of their naon'sinfrastructure.

The unpredictability in me and cost so incurred makes even my loyal customers turn their backs on me and head back to the rails and roads. My owner's tears somemes tells it all, torn between shiing me to foreign shores or selling meoﬀthebreakersinAlang.

I oen wish that I could be treated more like my Greek, Chinese, Indonesian and other sisters from around the world. They sail with gay abandon, happy to serve. They have ports

Theyhavethefreedomakintotheirrailandroad cousins. How fortunate they are. And how they have given back to their sociees, with predictable, low cost and mely services, taking traﬃc oﬀ their congested roads, sailing free and happy, earning handsome returns. Most of all, they have the love and respect of a grateful naon. I envy them so. I think I deserve some respecttoo.

Capt Neel J Nair

COMPETENCY: Whatit’sallabout

It’s the magical qualifying word for

professionals with a Doctor as best example, as they are expected to recall and apply all knowledge including medicines and their aﬀordability by paents, pertaining to their profession-specializaon and `super’ ones also when a paent calls for consulng. Engineers of course have the me and liberty for referring to related inputs from many sources.

Lawyers/advocates and even judges are a diﬀerent lot, in the sense that pleaders are ethically bound to argue favourably for their client/s -unless it is suspicious, even if it is quesonable by jusces -aer being educated by arguments raised and earlier rao decidendi- by majority deciding to lt the scale one way or the other, tapping gavel oen, with recourse to pardons by `authories’ It’saconundrumtosaytheleast, with much back logs/waing and uncertaines, though certainty is what is sought!

It is very pernent for Mariners, especially watch-keepers and perhaps thus so it is how they are cerfied. It’s one of ulizing one and all of informaon available instantaneouslyever changing too at fast pace during ‘operaons’, professionally, smartly, cleverly and meously with risk management, efficiency and producvity as combined final arbiters as me and money is at stake as always. Charter pares call for more applicaon of relevant knowledge / clauses / ridersthatmaybefoundwanng!

Mooring, Berthing, Cargo work, navigaon: close quarter situaons, collision, shallow watersforsquateﬀecttoo,heavyweatheretc avoidance for economical passages/voyages to maintain schedules etc call for situaonal awareness to ulize ideal circumstanal measures.

From Management points view, the ﬁrst is communicaons including body language that coveys intent including acceptance, rejecon, let’s wait and see etc, especially whenlanguagesimpingetheprocesses.

Duringwatch-keepinginWheelhouse,Bridge with/withoutremotecontrolsforautomaon , ER, ECR, CCR etc, which of Red, Green or Yellow lights is more crical is worth pondering! As Red and Green speak for themselves, Yellow of warning -as in traﬃc lights-needberespected.

Obtaining posion lines and posion with

navigaonal sights was crical, like Semaphore and Morse code too ll beer systems came to fore. But over reliance on navigaonal aids like Radar, LRIT, ECDIS, AIS & evenVHFhavebeenfoundtobefaultyleading toavoidabledisasters.

‘Call the Master’ itself is a true test of seamanship, accepng one’s lack of experience, doubts and even authority That owners and their contracted ship-managers had overstepped their roles and limitaons is best exempliﬁed by ISM of ISO (itself not mandatory) bestowing powers to override that Masters (as skippers and captains also) always have had! Incidentally, don’t mistake proﬁciency with competency, as by their very nature,theycouldbepolesapart!

Heard of Theory & Pracce of Seamanship? It has been changing from the me it was pennedas change is the only constant, with automaon displacing human muscles and intelligencetoo!Howdidsailorslearn/master to repair/replace studs of rivets with roves of steelshipsbuiltso?

of cars and other vehicles. They indeed are as oen found out aer incident, with astoundment! Take care, recall of such cauoniswhatit’sabout!

Simply put, competency begins with moral and character formaon including learning process with the drawback of improving from mistakesfromchildhood-likestandingupand walkingsaved in one’s RAM and ROM that need be reformaed. That’s what training is all about, aer `educaon’ as in MET! Basic and minimum sea-me and experience havingnoalternaves!!

In such scenarios, what fails the system is administrators and execuves empowered by Acts,secondarylegislaonandpolicianstoo, even if backed up by marime qualiﬁed professionals with quasi-authority and powerstoact/enforceunderdelegaon.

It is gladdening to note that IMU -India’s own specialized University- is willing to train the onesqualiﬁedtoheadmarimedivisionswith nosectoralawarenessorknowledgeatall.

‘Due diligence’ indeed is the apt phrase that originated in marine insurance -all words and their pracces too, geng embedded in all insurance sectors- finding its way to financial jargon also, legally binding the Master as àlter ego’ itself on behalf of all involved in marineadventures.

An important one in risk assessment is the recall of `objects in mirror may be closer than theyappear’markedonsiderearviewmirrors

Capt Sury Pullat BA, MIOD, MCIArb, FICS, FICA Consultant, AUMNI Shipping & Founder-President, AMICIE

CaptAnujChopra

Captain Anuj Chopra stands as a beacon of thoughul leadership in the marime world, drawing on more than three decades of hands-on experience to nurture resilient, people-centered supply chains that truly honor our planet’s fragile balance. As co-founder of ESGPlus LLC in Texas and Marime

ESG Middle East Projects Management in Abu Dhabi, he guides clients toward sustainable pracces that weave environmental stewardship, social equity, and strong governance into every operaon—from opmizing global food aid logiscs to pioneering integrated pest management and charter party strategies that cut emissions and boost eﬃciency

Hisjourneyfromdeckcadettocommandingbulkcarriersand tankers, enriched by a Commonwealth Extra Masters Cerficate and an IIM Ahmedabad qualificaon, has fueled roles like Vice President at RightShip and President of AngloEastern Houston, where he forged ethical partnerships amid complex risks. Beyond the helm, Anuj’s empathy shines through his mentorship as an adjunct professor at the University of Houston, co-author of influenal works on bridge watchkeeping and U.S. marime strategy, and his dedicated service on boards like NAMEPA and NOAA, where he assesses ESG passports and leads workshops to empower the next generaon. In a field oen baered by storms, his quiet integrity and innovave spirit remind us that true progress sails on waves of collaboraon and care for the seas weallshare.

ESGcall:Environment-Social-Governance

Intoday'sworld,whereIndia'smarimesectorstands as a vital engine for economic progress, integrang Environmental, Social, and Governance principles feels more essenal than ever As someone deeply invested in this industry, I understand the challenges you face—balancing rapid growth with the pressing need to protect our oceans and communies. India's coastline, spanning over 7,500 kilometers, supports livelihoods for millions while driving trade that contributes signiﬁcantly to our GDP. Yet, with climate change accelerang, embracing ESG oﬀers a pathway to resilient, sustainable success that honors both peopleandtheplanet.

Philippines.1Theircontribuonskeptessenalgoods ﬂowing during crises like the pandemic, underscoring their value in maintaining internaonal trade stability.

0 By invesng in their sustainable development through ESG, we empower these professionals, fostering inclusive growth that uplis coastal communies and reduces inequalies. The Pradhan Mantri Matsya Sampada Yojana, for instance, bolsters ﬁsheries with sustainable tech, creang jobs while building resilience against climate impacts. This approach turns potenal vulnerabilies into strengths, ensuring our seafarers connue to drive globalsustainability

Considertheenvironmentalaspectfirst.Themarime industry accounts for about 3 percent of global greenhouse gas emissions, a figure that hits close to home in India, where shipping and ports handle immense cargo volumes. Polluon from sulfur oxides, nitrogen oxides, and ballast water threatens marine biodiversity, an issue we can no longer overlook. Fortunately, iniaves like the Marime Amrit Kaal Vision 2047 are transforming this landscape. With investments targeng INR 35,000 crore by 2047, the focus is on modernizing ports and adopng green fuels such as hydrogen and ammonia to achieve carbon-neutral operaons. Programs including Sagarmala and the Deep Ocean Mission promote renewable marine energy and combat overfishing, ensuring our blue economy thrives without depleng resources. These steps align with global goals, like reducing shipping emissions by 2050, and open doors togreenfinancingthatrewardseco-friendlypracces.

On the social front, empathy drives us to priorize the human element. Seafarers endure isolaon, harsh condions, and evolving risks from new technologies, making their well-being a core concern. In India, where the sector employs thousands, ESG frameworksemphasizesafetytraining,fairwages,and healthmeasures.Indianseafarersplayapivotalrolein global supply chains, forming nearly 10 percent of the worldwide marime workforce and ranking India as the third-largest supplier aer China and the

Governanceesitalltogether,providingthestructure for transparent, accountable operaons. India's Business Responsibility and Sustainability Reporng framework,mandatedbySEBIfortopcompaniessince 2022-2023, requires disclosures aligned with standards like GRI and TCFD This encourages risk management and ethical decision-making, as seen in recentmilestoneslikeLarsen&Toubro'sﬁrstESGbond issuance, supported by DNV. Strong governance not only migates reputaonal risks but also aracts investorswhovaluelong-termviability.

The beauty of ESG lies in its holisc impact. It drives eﬃciency, lowers costs through innovaons like alternave fuels, and posions India as a leader in sustainable marime pracces. Collaboraons, such as with Norway on green tech, highlight our global potenal. As we navigate geopolical tensions and tariﬀs, these principles build resilience, ensuring prosperitythatendures.

In essence, ESG is not just a requirement—it's an opportunitytocreateamarimefuturewheregrowth and sustainability coexist. By comming to these values, we honor our shared responsibility to future generaons, making India's oceans a source of enduringprideandprogress.

CaptAnujChopra

ShortviewonSIRE2.0

OCIMF realised that VIQ 7 had reached a sort of "dead end"asfarasimprovementinsafetywasconcerned.

Incidents had plateaued and the "veng" inspecon was more of an argument about how many observaons and somemes heated arguments with the aending superintendent and ﬁnally selecon of a vessel le to a brokers assistant in the oﬃce to select a ship based on observaons which they neither understood nor cared to understand. This did not translateintoabeersafetyenvironment.

Addionally there was pressure from the operator to "remove" a queson at the end of an inspecon which while useful to charter a vessel did not translate into more safety,. In SIRE 2.0 Now that is not possible since even if removed the observaon remains on the database. Since the inspecon is done using a tablet observaonsandcommentshavetoberecordedasthe inspeconprogresses.

SIRE2.0whileusingthesamesafetyformatofVIQ7has addedandbrokendownthequesonsinto"hardware" "Process"and"Humanelement".

It has also stressed on the need to interview not only Master and Chief Engineer but also other oﬃcers and rangs. Generally a total of 23 interviews are required tocompletetheinspecon.

or aending superintendent since this does appear on the"observaonlist"andallowstheinspectorfreedom tousehisexperiencetoaddconstrucvecomments.

He can also use photographs to substanate his thoughts so there is no controversy as in the past.. he saidthisandIsaidthatetc..

Hardware quesons are binary meaning only "yes" or "no"Howevertheothertwohave4possibleresponses andhasopenedapathwayforinspectorstocomment:

Negave observaon.. similar to an observaon in VIQ7

Asexpected..similartonocommentinVIQ7

Largely as expected.. this is one where I feel SIRE 2.0 makes an impact. Here it allows the inspector to point outissueswhichwhilenotnecessarilyobservaonsbut processes or human interacons which could be improved upon.. The placing of this queson serves two points.. there is no "argument" from the ship staﬀ

The ﬁnal category Exceeded expectaons has elicited the best response from ship staﬀ since it gives an opportunity for the inspector to highlight what he has found beer than expected. This posive element was missingfromVIQ7.

I am proceeding on my 47th SIRE 2.0 inspecon tomorrow on a LNG vessel which has a complete Spanishcrew!

Frommyexperiencesofar:

Very posive response from ship staﬀ once they understand the nature of the inspecon. Harder work for the inspector since preparaon is more but easier on the end since report is ready I have a had a few posive observaons for the ship staﬀ especially for rangs.

ForoperatorsitisadoubleedgedswordsinceifthePIQ is prepared properly the quesons are reasonable. If notithighlightsthedeﬁciencyoftheorganisaon.

There is also an added pressure to ensure that superintendentinspeconsareconductedbyqualified persons.. senior engineers or officers with sufficient experienceinseniorranks.

All in all I feel SIRE 2.0 is here to enhance safety for vesselsandcrew!

Capt Girish Lele

Mariners’Cyclical Prayer Spiritual Mariner

Water water everywhere, Not a drop to drink Rains, waves, storms, Moisture rivers in skies

Oh ENERGY omni present everywhere Christened Brahman saguna by sages Humans creted gods religions conﬂicts Guide ignorance ego knowledge concepts

Fish at sea, amphibian evolved ashore

Other senents not wise or fools

Nature beings must live sustain Bidding me through life cycles

Seeking deliverance karma cycles

Parcles from bolng sound slowdown

Evoluon created maer life forms

Over eons from nullity to inﬁnity

Whereto wherefrom undeciphered

Billions of galaxies unsensed

Beyond humans philosophy science Photons of light long delayed

To gather info infer from Space me late enigma

Vast lost in many cycles

Beyond human senses et al

Afar data info outdated Morphic resonance a bet

Our boat small, oceans vast Beg pray mercy one and all

SHIPPINGLAWSandtheir UTILITY-Criticalanalysis

This is an eﬀort to introduce to students, lay, commoners and the beer informed with an overview of nuances of law and applicaonscrically its failures to serve jusce to needy within 'reasonable' -itself an in-deﬁnive unclear word in law pracce- 'me'. Subjudice is a catch word such that it may mean subject to judicial system, but may smack of malapropism as it is oen misunderstood that the case is in court and pending, but purported what it may mean is that the legal process is over, and judgment is awaited. Essenally it is to ensure that there is no interference through any media and any which way that the uncanny may resort to, aer the public enquiry, hearing, examinaon of witnesses etcareover.

families and with close associates to connue relaonships -especially business dealings for sustained cordial commercialism within accepted 'lexicology' - instead of trying to bulldoze or teach lessons from a posion of apparent strength, unlessoneisamiserorscrooge.

INTRODUCTION: For students learning about law and its proper applicaon in their chosen fields: Shipping, Trades & Logiscs therein, not studying laws and its processes in depth itself for lawyerly qualificaons, steps and process of applicaon seeking results as soon as possible is more important than understanding the system, how it works and how it can be made to work. It is reemphasised that knowledge itself is for applicaonandnotforsafekeepinpocket,leaving arguments to lawyers who per force do have to make a living argumentavely Hence the depth and coverage of this piece is focused such and so please be guided accordingly As such a TREE depicng judicial system flows (and its applicaon:nemojudexincausasua,audialteram partem and fiat jusa, ruat caelum)- is not insertedherewith.

OBJECTIVES: As a good advice at the start itself, it isbeertoseleamicablyinafriendlywaywithin

Laws originate from familial, social, cultural and civilisaonal pracces, recognised & accepted whether wrien or not as in Common Law, Equity etc and codiﬁed through diktats of rulers whether monarchs or dictators including junta, and legislated by the elected. Laws are made to discipline, correct and punish dropouts but respecngnon-compliantsforcingchange.

Rule of Law is what is quoted as first step; caveat but: All rulers including Kings, Dictators, Military, JuntaandtheElectedhavetheirown'RuleofLaw' to start with Laws enacted invariably are reflecon of their mes with natural biases of law makers involved. Legal aid to the distressed is suggesve Public Interest Ligaon and Writ being useful needn't be shooed off Theirulity is to help follow customary right pracces in all walks of life without any undue trepidaons Certainly, there will be punishments – perhaps rewards for informants too, for failures to go by the rules: penal in terms of monetary, restraint as in cease and desist, and custody where found -at homeorworkplacellbasicissuesaresortedout, gaol, jail and penitenary also. Suspect or convict may be shunned by society as outcast, persona non grata diplomacally, pariah as an unwanted, evenonparoleonconjugalvisitornot!

Certainty is what laws are supposed to provide, but sadly, it fails with rigmarole of appeals, stay

orders, exempons and pardons, release with warnings or just ﬁnes with interest. The system is not foolproof and jusces -with natural biases making up mind averse to change not beyond reproach for ignorance **(ignorana non excusat), overstepping with incorrect applicaon of mind over maer and merit, laws includedprecedents and rulings, and correcve judgments of higher courts also. Eventually laws will need to be amended and repealed-replaced-modernised too, but not retrospecvely as lawmakers have learnedbelatedly Incidentally,alotofolecolonial imposed laws are sll in force and need be repealedsoonest,1856BillofLadingActburiedin 'precedents of judgments' just one; Contracts Act of1872another!

**apology for seemingly contempt1 of court if any;nothingmeanttomaligncourt/anybut!

Certainly there are `Conﬂict of Laws' wherever laws are applied, internaonally and trade the most common, shipping invariably subject to it. Which applies need be determined at ﬁrst; but it may not be beyond doubts in UK, but cases from theIslandscrosstotheConnent.

RESEARCH PROBLEMS: Uncertainty is what prevails, even if advocates counsel as propious, that in fact being the ﬁrst reason for going to courts, with clients educang advocates, pleaders, judges and the systems at personal cost takingpreciousme;delayingothercases.

praccesandnormstodiligentlyserveclientsand fraternity- the case issues based on who calls ﬁrst or employs, resultantly the disputants paying for the whole architectural system, including corrupon at various levels to number, record, delay, judge etc Champerty not unknown, though against good civil pracces. Less wrien the beer, as Cases can be 'traded' (in US, elsewhere too ) based on their monetary winnabiliesandcostsalso!!

1'Contempt' has been invoked against woman for usingderogatorylanguageagainstjudge(DelhiHC 19Jan24), iniated against 29 lawyers for abusive language at a lady Judicial Magistrate (Allahabad HC 03Marc22); a polico was convicted for criminal contempt by Kerala HC (13 Jly23) sentencing to prison term and fine -declining to suspend sentence during applicaon to SC- for alleging corrupon against a HC judge. In a rare first SC sentenced (09 May '17) a Calcua HC Judge to 5yrs in prison for contempt under SC/ST Act. Currently, SC is seized (29Jan'24) of the open `conflict'betweenCalcuaHighCourtjudges.

Adjournments are banes, but common. Jusces also in, on rering to chambers, postponing, calling for more inputs, reserving judgment etc punsunintended!

Thank God & Lords, ODR -Online Dispute Resoluon has evolved, with AI: arﬁcial intelligence -itself of neuroplascity, helping, as backlogs are gargantuan ignorant populous ligious in Bharat-India, lawyers making it worse by arguing any which way to diﬀerenate cases from judgments and willing to argue for and against -per professional code of conduct,

Law making is a challenge when elected want to muscle their wishes in, draing at ﬁrst but sadly not up to mark - Subjects in joint list of CentreState a tough one to work on to concrese. 'Deﬁnions' in Acts were aerthoughts, ubiquitous 'Notwithstanding' (to override) in every Act are contradicons, 18% interest in '96 Arbitraon & Conciliaon Act smacks of lack of wisdom, applicaon, foresight etc, thankfully amended later with hindsight at least! RS returning new Merchant Shipping Bill as badly draed, pending 8yrs later, industry wide inputs sought-submied but none incorporated at all!

Aer Marime An-Piracy Act '22, Indianisingrather Bharasing- IPC, CPC and Evidence Acts, Bharaya Nyaya Sanhita, Nagarik Suraksha Sanhita and Sakshya Bills '23 were legislated. Nyaya Setu being developed to reach last mile of legalserviceswillputtogetheralllegalknowledge onﬁngerpstoserveinlanguageofpeople's

choice, using GPT and AI models, clearing case backlog mainly of Cheque bouncing and Motor Vehicles, as also ODR -Online Dispute Resoluon. BestoflucktoargumentaveIndians!

PROS and CONS are such that though in an ideal world the system is supposed and expected to deliverreasonablywithingoodme,sadlyitdoes not, adding to costs, uncertaines and maers aﬀecng relaonships -be it familial, instuonal or trade leaving users and would be users perplexed, aracted to touts outside ediﬁces of the system etc and in the end giving up or conceding to unfair pracces of dominant counter-party -in the absence of UNFAIR Contracts Act in India, and corrupt pracces that themselves could be punive though India does not have a (An-) BRIBERY ACT as in some developedcountries.

Legal eagles fleecing astronomically, charges for every appearance in court, menon for lisng also,govtandindecisivebureaucratsbeinglargest users seeking judgments over what they are expected to decide, but not, to stay away from accusaons of favourism, corrupon etc lest it affect their reputaon, track-records, promoons, extensions, reappointment, pensionsetcandsetoffenquiriescorneringthem, are driving waifs, common and poor cizens to violence,murders,suicidesetc.

(s89 CPC) though CPC and Evidence Act said to be not applicable, but '96Arb Act s19 allowing it for `procedures'. `Mediaon Act '23' eventually evolved out of failure of systems that call for Negoaon, Conciliaon, Arbitraon, Med-Arb etcoutofUNCITRALModelLaw.

Please note that Philosophy and Logics, the basis of language, understanding, arguments et al from spirituality to science, are not themselves foolproof to make correct applicaon of laws and results derived therefrom, as reasonably perfect aspossible.

Failure of law enforcement authories and their strong-arm taccs, suo moo in public interest or not, when one of the aggrieved is le joyous and the other startled, also are curses on cizens bound by the system. Resultant pendencies cannot be solved by fast-tracking in batches as no casesarereflexive/reflecve,educavetestcases argued ad nauseam/infinitum to safeguard, createawareness,earnnameandfametoo!

Alternaves Dispute Resoluon - ADR evolved from Elders, Panchayat Raj etc are failing due to appeals therefrom and their Execuon hurdles, delays and costs. Courts do refer cases to ADRs

Now that Students, praconers -potenal ones included, and users of necessity have been forewarned, here are more details on laws in general, and on Trades, Shipping itself a derived demand from Trades, Logiscs, Admiralty etc in parcular to underscore their strength and weaknesses, how to use, how to avoid troubles etc.Cauousofluxfori,luxloci,luxlocidelic(law of place of wrong) etc when estoppel applies or An-suitinjunconmayneedbeapplied.

ANALYSIS: The basic laws are Civil and Criminal; nottoconfusewithCivilof:CommonLawandCivil that is prevalent in Europe and countries aﬀected by historical relaonships with Europe -wherein everything need be enacted, whereas under Common Law -subsuming Equity (not to be confused with equitable as in investment) in mid 1870s in England but sll aﬀecng many countries, especially old colonies, like our own Indiannaonstate.

There are internaonal laws like UNCLOS: United Naons Convenon of Law of the Sea (BBNJ Biodiversity Natural Jurisdicon being drawn up); not to turn axiomac as 'convenons' per se are literally what they are as pracsed, and not laws and rules, but morphs to Rules and such like, like Regulaons as in IMO's Convenons like SOLAS, MARPOL,STCW,MLCetcandCODEStobackthem upeasily,likeadd-ons.Internaonalonesneedbe raﬁed at ﬁrst -accede with acceptance and

legislaon; Protocols following as/if necessary beforeraﬁcaonbyrequisitenumbers/majority, and amendments later as with IMO a specialised bodyofUNunderUNESC.

Secondary -subordinate/delegated is supposedly whatitmeans,madebyempoweredunderRulesRegulaons, but effecvely override principal legislaon praccally for operaonal purposesturning ultra vires, though primary legislaon enacted is the ACT with secondary conveniently reinterpreng-amendingitwheninforce.Donote thatlocal,naonalandregionallawscanbemade tocircumventIMOrules/guidelines.Language-its limitaons, varied meanings, contextual between languages etc do confuse the lay and even pracsinglawyers.For,SupremeCourthadtorule that `may' may mean 'shall' (State of Haryana and Anr. v. Raghubir Dayal (1995) 1 SCC 133.8 Feb 2021) or 'may' itself. It may not mean and imply what it may seem to say in plain reading or legal too; flummoxing desiderata (not desi inglish but). Only Sanskrit is wrien the way it is pronounced, English derived from Lan and Greek, the usual internaonal language of law, funny and sillily having contextually different and opposite meanings; punctuaons the real show stoppers!

Sanconasimpleexample!

and fro, to courts in this case, and not work. Double Jeopardy -double punishments risk may be set off to placate cizenry making law user and compliance friendly for desired results. It is not fair to park incorrectly in a hurry and pay fine to save me and be 'charged' in court too no? Plea bargaining is in force from '05 in IPC with exceponsnottoaffectsocio-economicinterests. Transgression and trespass are punishable, the laer can be criminal in Singapore, the former having invited chopping off hands for the, gender mulaon for sex crimes in medieval mes; may be commuted in recent mes to social work, fines, contribuons to causes to alleviate sufferingofneedyetc.

Caveat: what is implied is valid in law, as it stretches applicability. Caveat emptor/venditor: buyer (of services and goods, Consumer Act and Courts helping) beware as in need for proper `disclosures' in insurance and 'damages'consequenalasaddives,thatcanbeadd-onsto claims, including costs and interests accrued of winning pares -in joint acons- that were incidental to pursual and recovery of genuine lawfulclaimsthroughlegalprocess!T&CApply!

Commung is an oxymoron under law: a set oﬀ/reducon of one from another, unlike in pension and compounding interests payable Makes commoners wonder whether it's all under cloak and dagger; commung itself travelling to

Linguiscsaside,lawschangewithmeandplace, and over decades too. Essenally, it is will and need of people, their systems and governance also. However, unless and unl amended, users arestuckwitholdversions,courtshavingtheright to interpret only, and not alter; but judges do cleverly go around the bush piquantly to arrive at desired result and conclusions, and becomes tested-valid unless-unl challenged, overridden or set aside, reverng back. Wonder how judges used to judge `commercial' cases before CommercialBenchessetuprecently;butsadlyitis old judges and not those with commercial acumen are benched. Precedents of `rao' decidendi and judge made laws that lower courts should and must follow another hurdle, only Higher Courts having authority to set aside and reform. Any 'Dispute Resolvers' appointed must be ﬁt for purpose viz: Commercial ones for Commercialdisputesinallfairness.

Backstabbing Indian unity of diversity -created withregionalrulersacceding-judgmentofoneHC is not applicable to others -regions and territories under other High Courts, they having to independently judge so, unless Supreme Court sets binding precedent. This factually is the main causeforappealsetcthroughrevolvingdoors.Did

we need SC to rule that 'Tribunals cannot direct governmentstomakepolicy?'Takesusback50yrs to Kesavananda Bhara wherein SC on wafer thin margin 7-6 created a doctrine of separaon ofpowerswithjudicialreviewofamendmentsto Fundamental Rights (religions, one of them) but not Direcve Principles. Time will tell! It hasn't yet! Because whether inserons of `Secular', 'Socialist and 'integrity' in Preamble during '76 Emergency without changing its date is `subjudice'asinFeb'24!

Constuon has been amended oen, Art 370 abrogaon latest, veritably! Is a new Constuent Assembly called for, for drasc and major amendments or rewring? England manages without a wrien constuon with Scotland wanng to breakaway polically and Ireland holding on too! Be forewarned that that's what `revoluons do'; they can be launched by just a few!

cannot take it away- for simple crime forgivable in and with grace; in eﬀect `would be impact' of truth not uered but hidden for greater common good and even for individuals makes the diﬀerencewithintentinmind.

Youngsters, juveniles, delinquents etc are dealt with due compassion by courts applying relevant lawslessstrictly,especiallyforpunishmentmeted out, more for correcon. They may be placed in correcon centres and with responsible people volunteering so, to be away from bad company and family abandoning them by kicking out etc. In adolescence vong age at 18, marriageable age lower and consent for sex -procreave or otherwise at maturity, pracces varying with religions, sects etc, the laws are at loss as to be best eﬀecve as remedy, cure and prevenve too to protect the innocent and guide the wrongfoong wayward ones. The movements against sexual violence seems to have weakened from NirbhayatoBilkis.WhenBilkishadapproachedSC seeking re-opening of her '03 case -closed by the local Magistrate in Gujarat- wasn't it SC that referredittoCBIandtrialstoMumbai,makingthe lay wonder whether jusce was done by publicising -remission of period, release and rescindingitlater!

'Secular' itself was inserted later; so wasn't overriding Shah Bano (SC '85) uncalled for? How can outdated religious pracces-rules be overcome in changing mes are challenges!? Are judges to sck to literal meanings and interpret strictly or conceive-derive pragmac praccal contextual meanings suing the mes with obiter too? Is obiter called for at all? Isn't it what populace aspire on empowering elected for promises at the husngs? Coparceners interests seem to be jeopardised when inheritance is to be shared, dowry given as set oﬀ or not?! Culpability by implicaon isn't simple as it seems. Findings have to be beyond reasonable doubts and quesonable by any which way and means. Is lying under oath a misdemeanor or crime, having taken oath with a book, touching heart or whatever, especially when one is an atheist or nihilist? What if it is under Dharma, sanathanastandingrecentquesonings-forgenuinelytrying to save someone -from the gallows or not, that anywayseemsunfairasthosewhodonotgivelife

Generally other aspects of laws and legaldom that aﬀect cizens are torts with intent, malice etc, defamaon, libel, slander, infringement of patent rights, vicarious liabilies, negligence turning criminal also, as bailee of goods in warehouses in transit with or without lien etc etc.Misbehaviourwithinandoutsidegenders-in the context of LGBTQIA that is unclear as yet, exploitaon of underaged and workers (without overmeasapplicableifany)willallcomeunder some Act or regulaon that they cannot be escapedfromorwishedaway.

CONCLUSIONS: Sadly our Indian mindset of general apathy that had originated from Gandhiji's formulae of non-cooperaon, non-

violence and disobedience need be corrected for beer coexistence with understanding, appreciaonofstruggles,needs,wantsetcasalso when employers and companies are struggling in market economics. Striking while the iron is hot is not a viable choice oen. Sadly unionism has its own inherent weaknesses, for the sake of numbersandopons,compeon,musclepower etc Labour Courts, Labour Commissioners, Central Govt Industrial Tribunal and acceptable ADRs have evolved as praccal alternaves. Tribunals, Appellate Tribunals therefrom have evolved as quasi-judicial strictly meaning with judicial powers, 'though ADRs are also called `quasi', sans jusces/lawyers of the system. A resolver can be anyone chosen-agreed, and ExpertWitnesseslikewise.CBDT:CentralBoardof Direct Taxes, at apex of Income Tax Department withTribunals,isanadministravebody and not q u a s i j u d i c i a l , b u t p re - e m p t s w i t h clariﬁcaons/guidelines to correct apparent errors or in-exactudes, to resolve issues and avoidligaonsandsettonepriornewlaws.

freedom bestowed on 'foreign' -inclusive of Indians and NRIs- qualiﬁed lawyers, and foreign pares and ﬁrms who may have chosen India as a legal/ADR resoluon locale; amiable compositeur anaracon.

Usually law of the land where contracted (final acceptance) would be the applicable one, unless opon is inserted or even exercised by the pares later,withswordofDamoclesofevadingnaturally applicable risk. Paramount -as in first, foremost, priority in queue in rights, credits etc- Law, is invariably the law that applies by default and cannot be opted out of Cizenship granted on basis of monies remied into a country seeking residenal status, and Enterprises welcome and promoted with locaon, tax and other domicile facilitaons for trade, manufacturing, employment and other benefits, would naturally fall under `local' naonal and internaonal laws whereDoubleTaxaonpermits.'GlobalMinimum Taxaon' being mooted to redress genuine complaints against `biz migraon' in offing, is takingroots.

Judicial enquiry is an independent one with appointed ex-jusces to seek the truth and facts behind incidents/accidents leading to cases for prosecuon in public interest to facilitate compensaon, correcon and punishments throughlegalsystemsetc.Itmaybeofonemanor of odd numbers to balance and develop majority views for conclusions. Wrongdoers and culprits will usually be taken to task and hauled through thecourts;muchbelatedlyperhaps!

Public Prosecutor is one of Govt appointees, AorneyGeneralthehighestinGovtServicewith SolicitorGenandfourassistantsattheCentreand Advocate Generals and Pleaders, Public Prosecutor (for criminal cases), Standing Counsel etc in States making up an oﬃcial entourage; Law ServiceCommissiondoingresearchandreviewing existent laws to reform. On internaonal scale that aﬀects domesc scenarios is the license and

In the shipping context, Flag of ConvenienceFOC- is one such issue, like Forum Shopping in Law,Flaghoppingtobenefitfromleast'FlagState' costs, tax concessions oen tax free status itself, evading jurisdicons for convenience with Single ShipOwningfirms-as`sisterships'canbearrested againstlienandclaims.Inthewakeofrecentwars, embargoes imposed with strange condions -oil price caps- for blacklisng seems to have surprised the trade; USA following it up with calls for disclosures of òwnership' connecons of FOCs. Like hot money chasing stocks jumping boundaries in micro-seconds, when money is cheap because of low interest rates and `bonds', shipping driven by well accounted funds -lately even banks geng into it directly, instead of fundingacquisions,tobalancebooksandexploit opportunies- and unaccounted funds that cannotbetracedfororigins,iscorneringshipping

inmanywhichways.

Poseidon Principles in funding to reduceminimise adverse environmental global warming isarecentone.Recallingthat`flaggingout'toFOC developed to circumvent 'prohibion' in US, servingalcoholicdrinksoffshoreinforeignflagged ships, drug hauls on/from ships with cargoes, in cargo container boxes, stuck underwater to ships' hulls etc have caused consternaons world-wide calling for beer idenficaon of ship and cargo ownerships, leading to raising responsibilies on oneandallconnectedwithshippingandtradeany whichway.

Ships are designed and assembled / built / equipped by shipyards duly "Classed' by RO ie: 'Recognised Organisaons' on behalf of Flag State. Loadline -in fact Freeboard- is the ﬁrst assigned;ifnotClass,byFlagStateAuthorityitself, along with Alternave ones if necessary, as also Gross Tonnage of `volume' of ship and `Net Tonnage' of cargo compartments; Suez and Panama Canals having varied calculaons due to suspect unfair deducons with Tween deck as Uppermost Connuous Deck with tonnage hatch and doors on tween deck bulkheads not at all accessiblewhencargoloadedin/onTweenDecks, appliedbyClass,llIMO's69TonnageConvenon in force in '82 with `grandfather leniency' clause ll'94.

interest owners- cover Protecon and Indemnity against claims and liabilies that may arise, with discreon at `Director' levels such need going back to early days of marine adventures when ships needed help held up anywhere with unexpected claims. Caveat but! There could be gaps between covers of owners and managers leavingmarinersinperilofandontheseas,inport too!

Club correspondents are on short noce call in most parts of the world, as Survey Reports of mishaps determining proximate cause and liabilies are crical. Damages caused to Ports, terminals, wharves etc including loss of shore fenders are covered by Clubs, `allision' being collision with ﬁxed objects. Mutuality is the basic principle in insurance with Reinsurance to spread risks. Though both insurances are not very strictly necessary (STRICT ones like CLC are but), owners providing with in-house self-insurance in odd cases, it becomes unavoidable to earn trust from users. Caveat but, `crew' including Master may be lehigh&drybyClubs!

Despite regular Flag State Inspecons, PSC -final arbiter find faults and detain ships ll recfied, holding Class and all else responsible. If that ain't enough, Tanker and Chem taker veng: OCIMF, SIRE(nowSIRE2),CDIandRightShipforBulkersetc turn out as inspectors and assessors of quality operaons and management (TMSA for tankers). Totopup,H&MandP&Iinsurersurveyorsinspect separately to recheck suitability/compliance. WhereasH&Misinsurancewithdeducblesfrom claims for ship as an asset and limited liabilies as in 75% of collision -making owners' bear 25% for primary fault/responsibility, P&I Clubs -of mutual

UNCLOS applies in the Oceans with Territorial waters of 12 naucal miles off the coast and offshore up to 200miles for Exclusive Economic Zones Passing ships are given Right of free 'innocent passage' through coastal waters, but mustcomplysovereigncoastalstatecountryrules on entering if not just passing by Navy and Coast Guard may monitor and can 'hot pursuit' ships even outside 12 miles for wrong acts conducted within12miles,givingrisetodisputes,resulngin accusaons against shoong of innocent unarmed fishermen mistaken for armed robbers and pirates Fishing inside another country's waters is also a major issue with arrests for poaching and trespass. Ocean mining and Islands likeParacelclaimedbyChina,VietnamandTaiwan -itself a breakaway- are disputes with US possessing Samoa, Guam, Mariana, Republics of Marshall Islands and Palau, & Federated States of

Micronesia. Eﬀorts are on to extend –BBNJ anew one beyond current boundaries to address deep seamining.

MasterisalegaltermfortheoleSkipperandlater Captain that command ships. He does wear diﬀerent caps simultaneously being on scene representave of all interests involved in the marine adventure from owners, manager, charterers, cargo interests etc. His is a very unenviable posion with dues and responsibilies of all imaginable kinds unwrien, wrien, implied and can be arrested and hauled through courts. Master can jeson cargo to save 'commonadventure'andcallforGeneralAverage, keepingitalooffromParcularaverageapplicable only to one party, but if that causes polluon and environmentaldamage,itwillbeanotherdisaster and`crime'tohandle.

keeping away from protected areas, shoals, and banned areas to protect marine species like ﬁsh etc. Increasingly2, ship-managers have been taken to task even for Master's mistakes as in Passage Planning and the like as also for failure to monitor ship/equipment -Chief Engineer's report on engine problem not aended to, leading to Engine failure, Towage and General average that was refused. Intermodal Convenon and Roerdam Rules substanally increasing Carriers' liabilies- had failed to be raﬁed, insurance industry -`Re' dominang- increasingly refuse to pay, holding Master, Owners and Ship-managers responsible under expanded `due diligence' underSafeManagementCodeofISM.

Thankfully, professional bodies like Èlder Brethren' can provide legal help and assist courts pro bono in considering his acons especially ìn extremis' under pressure with good professional insncts resulng in errors of judgment and excusing him too if need be, that otherwise could impose punishments. Crew -including Master- on a ship are expected to comply with all local laws, rules and regulaons, with àgent' expected to keep the ship updated. Non-compliance can be a serious issue, an officer stepping ashore to read draught marks when loading cargo shot dead for failing to heed warnings of the shore guard on duty

Wrong dang of BL to avoid expiring Leer of Credit is a hurdle in marime trade, when `Received' for Shipment would not suﬃce for encashingLC.ButdonotethatNigerianlocalrules consider date of shipment on Bill of Lading of 1st ofmonth,eﬀecvelyaspreviousmonth!

Ship, Master and crew can be arrested for unlawful illegal acvies like ﬁshing in rivers at anchorage -when where it is banned- and not

2 These cases are gisted in Shipping and Law a Handbookof'11withCaseLaws,updated Boiler Plate Contracts won't do when Contract `Terms and Condions' have to be expressly provided. Standard terms and Clauses in Mate Receipts and Bill of lading are the pracce but Charter pares (Voy, Time, COA, S&P etc) need be drawn up in detail and incorporated into BLs properly with named pares, date, other relevant data etc. There are standard formats for CPs, modiﬁed with tested clauses, adopted / recommended / recognised by trade bodies like BIMCO, ASBA, NYPE, Oil majors etc, not missing out'ForceMajeure3',P&IDeviaonetc

3ThamesValleyPowerLtdvTotalGas&PowerLtd [2005] EWHC 2208 (Comm); Indian SC on concept of 'force majeure', in Satyabrata Ghose v MugneeramBangur&Co.[6],underSecon56of the Contract Act held that "impossible" 'has not been used here in the sense of physical or literal impossibility'[7].16Jun2020

They are not enacted into laws but are very speciﬁc contract documents for marime trade andshipmentsinternaonallythatneedverylile changesorcorreconswhilenegoang,somuch sothat`lastdone'ismodiﬁedwithinfewminutes

to close negoaons and li `subjects' of final confirmaons; addional clauses are inserted when the need arises, like piracy risks, citadels against it, CII (Carbon Intensity Index) etc. Though newer recent versions have been introduced, the trade connues with oldies, for ease of doing business. Speed and consumpon have always been of contenons with ships described as designed and built but expected to perform in 'good' weather condions tabulated as in WindSwell of Beaufort-Douglas, weather forecasts, routeing, assessors, CP clause accepng such third party findings etc. Such term is best least describedascontraproferentumapplies.

andatthebeginningofvoyage.

Laden voyage is to be performed with (utmost)despatch via direct route/s without deviaon4, but as deviaon had indeed become a necessity for bunkering etc, P&I Deviaon clause in BL provides for it. Electronic trade documents are sll to make an impact aer pioneering with BOLERO due to need for standardisaon, Block Chain etc making headway, enabled by UNCITRAL's MLETR: 2017 Model Law Electronic Transferrable Records. Standard E-BLs have gained popularity over me, especially the container sector with huge number of BLs, with Oil, Gas and Bulk sectors with high value BLs in slowerforay.

'Back to Back' Charters using same charter pares are common in Charter Chains with Bare Boat funded by yard/bank, Period Charter, Time Charter, Trip (Time) Charter, Voyage Charter with the Òperator' turning `carrier' with cargo; slot charters common in liner trades etc. Master B/L, House B/L etc make up Liner B/Ls. 'Knock for Knock' Indemnity is common in Offshore Oil and Gas Contracts. Errors and mistakes could occur: defaulter taken to task: Individual/Enterprise risk cover for professional liability and such that may arise out of ignorance or hasly agreed / guaranteeing etc; Corporate and listed firms taking such covers. ITIC, MARKEL etc cover such risks. Pilots of ports and difficult passages also do take insurance cover in some cases, though their servicecontractsmostlyexcludesuchliabilies.

Ports and Harbours also from Milford Haven -SEA EMPRESSpolluonprecedent;butPanamaCanal has always covered their faults. From 'true marine adventure' mes, Carriers had taken absolutely no liabilies for safe carriage of cargo. HARTER ACT of 1893 in US started imposing responsibilies with liabilies, that evolved to Hague and Hague Visby Rules under which Carriersbecomeliabletoalargeextent,exceptfor speciﬁedexemponslikeperilsof(noton)thesea etc aer having exercised `due diligence' before

4 In Glynn v Margetson (1893) the contract had included a "liberty clause" that allowed V/L "liberty to proceed and stay at any ports in any rotaon in …." Aer leaving Malaga v/l made way to Burriana 350 miles up the coast. As a result of delay, cargo deteriorated by the me it reached England. House of Lords (establishing the socalled "main purpose rule"), held that the clause, would defeat main purpose of the contract and wouldbe,ineﬀect,anexemponwhichshouldbe ignored, giving it limited construcon, namely that the vessel could have liberty to proceed and stay only at ports reasonably close to the agreed route from Malaga to Liverpool, such as Cadiz or Lisbon.

Internaonal Group of P&I Clubs have approved eTEU eBL Plaorm. Due diligence is the catch word in cargo carriage contracts with seaworthiness transforming to cargo worthiness5. Cargo is usually insured by cargo interests, carrier liable for damages when under its care -with excepons as in Mate Receipts carried forward to BLs, applicable Rules etc. Subcharterers and Stevedores can be liable and so should have own cover, though they will fall undercarriers.

5 In Naonal Trading Corporaon v Hugge ['99] FJ H C 6 ; H b a 0 0 1 1 j . 9 8 s ( 1 9 Fe b ' 9 9 ) CargoworthinessequatedtoSeaworthiness.

ItisMaster'sdutytohandle,stow,lashandcare, though it has been tried -in vain- passing on Charterers/Port Capt etc, hook to hook under Liner terms, FIO/FOB the others. A Lashing Cerﬁcate may be called for by insurers, Approval for Grain etc as requisites. P&I Clubs cover cargo risks for `entered' carriers. Applicable rules can vary with contracts, BL issue, where causa proximaoccurred,wherecargoclaims6withonus of responsibility7 on Master and others eventuated, when/where damages were discovered etc with me limitaons and LimitaonofLiabiliesunderapplicablelaw

6 Court of Appeal in "Tai Prize" upholding EEC's decision which held shipper's statement in dra BLgiventoMasterdoesnotamounttoawarranty ofcargo'sapparentorderandcondion,ascarrier has obligaon to accurately record apparent order and condion when shipped on board. In David Agmashenebeli the court ruled that the master was under an absolute obligaon to describe the actual apparent condion of the goods.

claims the Carrier is expected to preserve and care for the cargo, bailees if any also to some extent.Ifnotreleasedingoodme,shipsmaybe auconedbycourts,freeofallencumbrances,or scrapped, and proceeds used to sele claims on legalprioritybasis.

8 In A.Gramsci Shpg Corp & Otrs v Stepanovs, EHC Mar '11, claimants succeeded in that corporate veil (usually used to hide `beneﬁcial ownership' of shipping under Flags of Convenience)couldbepierced

7 In David Agmashenebeli (Cargo Owners Vs Owners) '02 ECC104 (Admiralty) ruled that the Master was under an absolute obligaon to describe the actual apparent condion of the goods.

Lately, deducons under `Contributory negligence' are resorted to, with the loser crew suing head of safety/department that had duty of caretoenforcesafetypraccesandprocedures. Shipscanbedetained/arrested,sistershipsunder `beneﬁcial8' ownership etc also (reason for single ship ﬁrms). On arresng Claimant may have to provide security against false claims; Owners could deposit guarantee and obtain release etc. If and when laden cargoes fall under risk and

General Average is a concept of sharing loss & expenses incurred to save `marine adventure' with Master effecvely declaring it, all assureds claiming from insurers, carriers calling for prorated `bonds' from cargo insurance etc. It is a very old pracce that has stood the test of mes. Marine insurance itself and its terms/clauses are the predecessors of all that are now prevalent on terra firma, English and other languages much indebted to mariners' wordings. In GA Rules, the numbered Rules supersede the leered rules, if andwhentheyareinconflict.

Salvage charges, usually on `no cure no pay' basis with Lloyds Open Form and Arbitrated as a pracce, but also can be contracted with negoated costs, will be a substanal part of GA expenses that may include compensaon for jesoned goods: cargo and any other, fuel burned, grounding and addional damages sustained while trying to ﬂoat and salvaging etc. Crew can also get salvage reward for addional services rendered, for saving a military aircra Harrier that had landed atop containers on a ship, claimswerecompensated.

Compensaon for damaging Reefs have been claimed and paid too. Under SCOPIC9 if invoked during Salvage, compensaon for saving/minimising polluon will be payable, evenifsalvagedidnotbecomeasuccess.

9InlandmarkdecisioninRENOS['19]UKSC29of

parcular importance to shipowners, hull underwriters, salvors, average adjusters and brokers in marine insurance market as the clariﬁedwhetheri)costsincurredpriortodateof noce of abandonment and ii) Special CompensaonP&IClause(SCOPIC)costs,should be taken into account in determining whether a vesselisaconstrucvetotalloss(CTL)

Marime Lien is a special lien that leeches on to the ship ll seled, not detaching even when ship is sold and so necessary provision will be made in S&P contract deal. In A Gramsci Shpg Corp & Otrs v Stepanov8s, EHC Mar '11, claimants succeeded in that corporate veil (usually used to hide `beneﬁcial ownership' of shipping under Flags of Convenience) could be pierced9In landmark decision in RENOS ['19] UKSC 29 of parcular importance to shipowners, hull underwriters, salvors, average adjusters and brokers in marine insurance market as the clariﬁed whether i) costs incurred prior to date of noce of abandonment and ii) Special Compensaon P&I Clause (SCOPIC) costs,shouldbetakenintoaccountindetermining whether a vessel is a construcve total loss (CTL) Crew's genuine claims, Costs of `necessary' services rendered -held to include premium payable for P&I Cover, as ship wouldn't be able to sailwithoutsuchcover.

be payable to coastal territorial state. Sea and Air Polluon10 from Oil, waste residues including from Ballast, Bunker and Sewage as per IMO Convenons, are strictly punishable; informing authories about non-compliance could be rewarded.

10 United States v. Diana Wilhelmsen Management Ltd (2021) 2:21-CR-00020: DWM pleaded guilty to 2 felony violaons (of Act to Prevent Polluon from Ships) that had occurred on Cyprus v/l PROTEFS. Crew aware of oily bilge water disposed Apr-June '20 overboard failed to enterinOilRecordBook.DWMwasﬁned$2mand placed on 4yrs probaon. Ship's CEng was ﬁned 3000$ & sentenced 2 5yrs probaon 3 crew members turned whistleblowers received equal cutsof$450,000award.

DERIVATIONS As world -including that of nonsenents- has been globalised starng with marine adve

Arrest for unpaid bunkers are genuine -US preferred fori- in defaulng chain of suppliers internaonally.Containerscancausedamage,say when fallen overboard in the ocean, driing around and colliding with anything that may be damaged. Most containers are owned by investors who lease out to users. Lessees take insurance and if they fall off ship, carrier will be responsible and liable with claim aaching as marime lien for àppurtenances'. In UNCLOS under flotsam claimable by original owner varied with jetsam claimable by whoever finds it finders keepersonlyaskeeperandnotappropriang(not as for appropriate as an adjecve) it- charges may

Constannople, and digitalised with Informaon Technology aided instant networks, dissolving varied ideologies and liquidang socio-polical 'isms of communism, socialism, capitalism etc, in the current longest peace me since recurrent wars, it is the bounden duty of current generaon to create, insll, install and leave behind sensible pragmac lawful soluons, duly overseen by legislatedrules,lestnextgeneraonsblameus!

F o r g o o d i n t e n t : s o c i a l , p o l i c a l , commercial….whatever need be translated, encapsulated and legislated into Laws vide Acts, and secondary legislaon of Rules and Regulaons by the empowered -not overstepping their authority that has become banes, as also misjudged as to intent and impact by the judges from lowest courts to highest ones, ll genuinely corrected and amended as need be to overcome oversight -itself of dual meanings- of the law draersandlawmakerstoo!.Assuch,lawmaking is not an easy process, oen, historically, calling

forrevoluonsstartedbythefew,taskedbymany, morphingtocounterrevoluonsalso,

When the masses dictate what they feel is right and acceptable when those in power had been empowered, had le themselves down and taken the populace for rides: short or long! Wasn't French revoluon a turning point, England connuing without a formal Constuon, India a laBharateddownbyitswell-meantconstuon of its draing mes, the American 'Union' of States having set example with clarity etc. No wonder that judges and courts do dig for 'intent' when trying to `interpret' and seldom get misled too, with impact of language: words, phrases, idiomsetcandmostlywithChangingTimes!

What can be clearly 'derived' from the past as `conclusions' for applicaon for the future is the task that challenges law draers ﬁrst when called for so by law makers, and the laer makers themselves too when legislang! Quite simply, it would be what is meous, what they have been elected for and what people want, regardless of the democrac processes of ﬁrst past the gate, directly elected president, autocrats, dictators, juntaetc.Hencethereferenceto`revoluon'that may be unavoidable when the system fails to deliverwhatthemasseswant!

good for India to steer for beer brighter future with diversity and resilience we are naturally blessedwithresources,humannumbersasassets for people centric -consumer centricdevelopments, serving their hopes, aspiraons and dreams, Polically, ro, kapda, makan and sadak,bijli,paaniaregoodoﬀerstostartwith,but they need be delivered posively within reasonable me frames with least malfeasance, corrupon and drainage between budgeng and execuon/implementaon. Starng with amending the Constuon itself, may be necessary to improve on the Centre State division ofpowers-sharingoftaxesforone,jointsubjectof Shipping/portstheother!

Sacrosanct it may be in many ways, as the founding fathers had meant it to be, but what is expected by the people, for the people and of the people with due processes is to change with changingmestoimprovestandards,stayabreast ofdevelopmentsandcompetegloballytoo!

Assuch,thecallistointernaonaliserulesandlaw making across borders through agencies like United Naons and its spin-oﬀs like UNESCO, UNCTAD etc. Emergence of European Union, albeit naturally as a human civilised creaon, must be considered as an apt classic example when centuries of hoslies, wars and destrucons were buried to create a Union, essenally to compete with one currency against the migher ones, borderless with a single Schengen Visa, though with separate elected bodiesforitsmemberstoforhistoricreasons!

SUGGESTIONS: The call is to draw up recommendaons from the foregoing, to what is

Arduous tasks, they may sound, but they need be iniated with law draing and law making, while living with the reality that there is no laid out minimum qualiﬁcaons to be elected as law makers. Such shortcomings or gaps that are obvious must be pre-empted by responsible law draers of the law ministry, while the elected and their ministries call for hastened me bound process of enacng and nofying, within their `elected,valid'tenures.

Though there are provisions for consultaons with Bar Council and more importantly with stakeholders, whilst the laws are being draed, by default the Law Ministry and its powers that are, have been callous and/or negligent in following such procedures. A classic example is the repeal of Merchant Shipping Act, that was returned as `poorly draed' by Rajya Sabha. Later short cuts were tried to get it 'through' by delegangtoIPA(IndianPortsassociaon)to

awardvideatendertohighearningNewDelhilaw ﬁrm. It had to be stopped with a writ, when it was tried to be re-draed through NALSAR in Hyderabad. These in fact, aer the stakeholder shipping fraternity had held a daylong seminar in Mumbai in '18 -very well aended by all shipping sectors and segments that would be impactedand submied detailed inputs to Law Ministry, Shipping Ministry, Director General Shipping etc, Secon-wise,para,linesetctoo!

Hence the call is for Law Ministry to follow due process step by, before dra Bill is presented to law makers in bicameral parliament for ﬁrst Reading followed by Second Reading etc. As for stakeholders, the well informed from all shipping, logiscs and trade related professional associaons should be called for to input their comments and posive suggesons within ﬁxed me frames, so as to improve the quality of law draingtoservetheintentedpurpose.

TRADE,LOGISTICSetc

MerchantShippingAct

INLANDVESSELACT

LOADLINE

RulesCarriageofGoodsbySeaAct

BillofLadingAct

ADMIRALTYAct

Hague Rules, Hague Visby Rules, Intermodal

Convenon & Roerdam Rules (not in force)

MULTIMODALTransportofGoodsAct

Such process and `bodies' to be referred need be made statutorily mandatory to ensure due process, speedily through the appropriate law draing stages. India has to draw up Laws in line with internaonal ones, like 96 Arbitraon Act in LinewithModelLaw.Protecngsovereigntyisfair enough but to be globally eﬀecve with dominance as a possibility, calls for diplomacally strengthening relaonships vide legal processes also.

NB: Urgency is to enact An Bribery Act, Unfair Contracts Act, Rafy HNS and other pending Convenons and Protocols, and constuonally establish minimum qualiﬁcaons for the elected.

FURTHER References: As stalwarts from shipping and related industries are contribung wellresearched papers to this eﬀort of compilaon of law focused book by IMU-IMEI, in depth coverage of laws is le to others, except for lisng them belowwithbriefmenonoftheirvitalroles.

IMPORTANT LAWS APPLICABLE TO SHIPPING,

PassengersandLiabilityConvenon

SOLASMARPOLTONNAGEConvenon

BallastWaterManagementConvenon

OPRCConvenonBunkerConvenon

WreckRemovalConvenon

SHIPRECYCLINGConvenons

MarimeLabourConvenon

HNSConvenonandprotocols:

India not raﬁed Civil Liabilies Convenon for PersistentOils

FUND Convenon for Liabilies Intermodal

Convenon(notinforce)

ARRESTConvenon

SALVAGEConvenon

CHARTERPARTY:11

Formats(recommendedandothers:NYPE12)

WorldScale13forTankerFreighng

OFFSHOREOIL&GASindustryContracts

UNCLOS; The High Seas Treaty: BBNJ (Biodiversity

BeyondNaonalJurisdicons)

Stoppage&storageintransit;

Mercanle Laws UNCITRAL: Its Model Law and failures Third Party Liabilies Sub-Contractors

MajorPortAuthoriesAct

IndianPortsAct

LighthouseAct

RoleofDGShipping;(SecondaryLegislaon)

IRSasR.O;

RolesofNavyandCoastGuard14

Demurrage (from demur: to complain), Despatch (not applicable in WORLDSCALE for Tanker Charters) and their excepons are to be menonedinCP.

Damages for detenon -beyond Demurrage of `liquidateddamage',mayapplybasedon`breach' ofcontractetc.

Case Laws: Farley v Skinner [2001] UKHL 49 damagesfordistress,HadleyvBaxendale(1854)9 Exch 341, John Grimes Partnership Ltd v Gubbins [2013]EWCACiv37etctorefer

11 Demurrage (from demur: to complain), Despatch (not applicable in WORLDSCALE for Tanker Charters) and their excepons are to be menoned in CP. Damages for detenon -beyond Demurrage of `liquidated damage', may apply based on `breach' of contract etc. Case Laws: Farley v Skinner [2001] UKHL 49 damages for distress, Hadley v Baxendale (1854) 9 Exch 341, John Grimes Partnership Ltd v Gubbins [2013] EWCACiv37etctorefer

migate. ECA in '16 aﬃrmed that having to pay TC hireonmewasnotacondionoverrulingASTRA (to bring TC in line with English law pracce in `Real Estate Rentals) though provided for withdrawal; not for commercial certainty too, holding that it in NYPE93 CP is innominate / intermediate term. Hire clauses in new NYPE 2015callsforterminaonforfailuretopayhire–irrespecve of renunciaon or repudiaon - and claimdamagesinaddion;so itisimperaveto use the latest revised edion of CP formats; not blindly'lastdone'.

12InASTRAECCin'13hadruledthatfailuretopay a single hire under TC was a breach of `Condion' entailing owners to terminate and seek damages; it was also held that Charterers conduct tantamounted to renunciaon (repudiaon) and that agreement provision to pay loss of earnings constuted an unenforceable penalty clause. ECC in '15 in Spar Shpg V Grand China Logiscs (SPAR Capella,Vega&Draco)heldthatconsistentfailure to pay hire (though backed up by guarantees of parentfirm)meouslywasrepudiatoryandhence V/Ls could be withdrawn and a claim for loss of bargain could be made'. It had been set out by Hobhouse QC in GIORGIOS C, it was stated, in obiter that payment of hire was not a condion, butaninnominateterm.Formeasureofdamages, ELENA DÁMICO was followed to the effect that where there was no opportunity for replacement TC, owners are entled to refix at their discreon: on spot market or short term me charters to

NB: Referred cases in Footers (also in Appendix: Gists) can be obtained with citaons from the NET

14 Roles of Port Fireﬁghters Navy and Coast Guard: Though they have a statutory duty to save life and even property to avoid or minimize further damages causing environmental damage/polluon etc, they may have to be compensated for salvage when payable by underwriters.

PS: Call by the elected and Judges to exempt themselves from Lokpal and Lokayuktha as Public Servants, goes against principles of democracy that casts responsibilies and dues to be done withcleanhands.

Capt Sury Pullat

BA, MIOD, MCIArb, FICS, FICA Consultant, AUMNI Shipping & Founder-President, AMICIE

ISOISMandafter…

Shippinglikeincivilaviaonneedstobeactualowner'saﬀair-alterego -onewhoisresponsibleforsafety,qualityasdeﬁnedinISM,ISO9000. Both require resources, responsibilies and authority. Lack of it has resulted in its limited success over last 3-4 decades. If all ingredients menoned are suitably deployed by top management cost of complianceiszero..

But, oen in third party management the ingredients are blurred or not there or mis appropriated just to increasepaper work , losing sight ofdesiredoutcomes.

Capt. S. V. Subhedar

Former CEO & President ICCSA 2019

Director Tech INSA 2015

Director OSL group of companies

OSD DG Shipping 1996

Tech oﬃcer IMO 1989, Principal examiner,

MCGA Southampton UK

Most importantly , me has come to restore my me of pre STCW 78 and ISM 95 and PSC of human element ; masters over riding authority Also, essenal is to restore delight in sea going career and focus on mercanle marine with due regard taming over regulaon. SIRE2 is example in the right direcon - digital and objecvity driven - passing audittocarryfreight.

No ism pass, no competency ss per new stcw no sailing. Business engagement only if there is clear evidence and ground for HSE implantaoninleerandspirit.

Competent person & consultant of IMO to date.