The Maritime Advocate online–Issue 490

HK

IN THIS ISSUE

1. Containers Lost Overboard
2. Justice for Hire
3. Ince Directory for the iPhone
4. How to Reduce Shipping’s Carbon Emissions?
5. International Conference on Logistics and Multimodal Transport, 9-11 October 2011
6. People and Places

Broadly Boats News

Broadly Risks

Firetrench Directory

Update on FOB Network

Our most visited page by a country mile is the People Page, where a slight resemblance to another well known social networking site is apparent. Each person to register without supplying a photograph receives a message from us encouraging them to do so. It is always interesting to see how many rather senior networkers we
welcome each week.

Newcomers to the site can always practise posting and commenting by visiting the groups given over to books, videos or satire. Fobbed Off and Pickled Gherkins are the more light hearted Groups.

Many interesting people are joining fob. To name a few:-

Software man James Cole
Risk manager Neale Rodrigues
Naval architect Daria Cabai
Canadian marine insurance broker Rob Duggan
Danish marine lawyer Michael Villadsen
Logistics specialist Edward Evans
Marine insurance broker Peter.Boucher
Shipping regulatory expert Pierre Woinin

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Registration is gratis for individuals. Businesses can take out a page for a small supporting contribution and we welcome firms prepared to sponsor Group pages or advertise with us. This helps to keep FOB a going concern and puts a smile on the face of our programmers and accountants..

FOB is a project designed to adapt the new ways of using the internet for the sorts of people who read The Maritime Advocate.

You are welcome to join

http://www.fobnetworking.com

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1. Containers Lost Overboard

The liner shipping industry has been the subject of a number of unfavorable stories or reports that allege that the industry loses as many as 10,000 containers a year at sea. Yachting organisations, perhaps understandably are prone to excitability when approaching the subject. Although most industry representatives recognized that this number was incorrect, there was no conclusive evidence to refute it. Accordingly, the World Shipping Council (WSC) conducted a survey of its members and concluded that indeed the estimated losses are far below the figures previously reported. They are of the order of 350 a year. To read a summary of the analysis go to the news page of FOB at:-

http://www.fobnetworking.com

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2. Justice for Hire

One of the more prolific case reporters in social networking today is Michelle Otero Valdés of Miami firm Houck Anderson, who writes:-

Private trials have been an option for Florida for 12 years. A judge-for-hire renders a decision that must be rubber-stamped by a circuit judge but can be appealed. Only a few attorneys have offered the service, and most are retired judges. They report its use remains rare. In last several months, numerous individuals have written about Florida’s law allowing private trials since 1999 and admit that few lawyers even know that the statute allowing such trials even exists.

No one has promoted the cause more than retired Miami-Dade Circuit Judge Paul Siegel, who advertises offering his first trial for free. Siegel argues that the time has come for lawyers to embrace this option, which offers a speedy trial that likely costs upwards of $20,000. Siegel argues that while the price seems hefty, for cases destined for trial, it offers potential savings by avoiding delays.

Those of us who practice in Miami-Dade county know what these delays are–a rolled-over trial calendar after months spending preparing the case for trial; judges advising the parties after they have advised the court that a case will take one week to try, the court setting the trial schedule from 10:00 am to 4:00 pm, cutting out two hours a day of trial testimony, potentially pushing the case towards mistrial if the one week trial cannot be completed; and the list goes on and on.

Some of the advantages touted in private trials is that it is a good substitute for arbitration. This is because in private trials, the rules of evidence apply, where some argue that arbitration is a “free for all.” Another advantage cited is cost. Arbitration is arguably more expensive because the cost of hiring a single judge is lower than hiring three arbitrators and paying administrative fees to entities like the American Arbitration Association. Another advantage of private trials is the fact that they are conducted in secret, which is seen as an advantage by some in family law cases.

The disadvantages of private trials include the fear that private judging could give businesses another avenue for litigating on corporate-friendly turf. The concern is that the rarely used private trial option will gain popularity with credit card companies and cellphone service providers, which can insert clauses in customer agreements forcing customers to resolve disputes before a private judge. Companies already do that with arbitration, but private trials would allow for yet another layer of secrecy–and theoretically before a private judge who would lean in favor of the corporate clientele that funnels the private judge cases. Another cited disadvantage of private trials is that cutting the number of cases tried in public means a reduction in the legal precedent other judges and parties may draw upon. Finally, many representing consumers and average citizens say that the use of private trials basically says that “I have no faith in our current judiciary.”

Ultimately, time will tell if private trials will gain traction. In other jurisdictions, it has created a system open mainly to the rich, such as divorcing celebrities, as a way to speed up their breakups, obtain the judge’s undivided attention and keep the dispute and the findings, private. The parties will be able to hire a judge who will sit there as a captive audience from 9 in the morning to whenever the parties agree and the case will be heard according to the schedule set by the parties, not a congested docket. While private judging is “not a panacea”, it does allow a constructive and practical response to the lack of resources being provided to an overworked, underpaid judiciary, that renders the our judicial system less responsive and more expensive than it should be.

contact Michelle Otero Valdés at Houck Anderson, P.A. at:

motero@houckanderson.com

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3. Ince Directory for the iPhone

We picked up this reference to the Ince & Co iPhone directory in a message by James Tweed of Coracle who is doing a lot these days to draw attention to the twitterati, social networkers and advanced users of simple IT tools in the maritime world. The link will take Readers to the application concerned:-

http://itunes.apple.com/gb/app/ince.-emergency-response/id428911291?mt=8&ign-mpt=uo%3D4

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4. How to Reduce Shipping’s Carbon Emissions?

Gemma Wilkie writes:-

The UK Chamber of Shipping has today urged the international shipping industry to keep the door open on all options to drive a reduction of its carbon emissions. The Chamber is leading the debate by today launching ‘manuals’ on the two main options. This is the first time an attempt has been made to set out the practical implications for the shipping industry.

The Chamber has welcomed the advances made by the International Maritime Organization to promote the reduction of shipping’s carbon emissions through technical efficiencies but believes that it will prove necessary for the industry to go further – through the adoption of economic (or ‘market-based’) measures to meet governments’ expectations and targets.

International opinion is divided on the best model for reducing the shipping industry’s carbon emissions. Some support the idea of a greenhouse gas (GHG) contribution fund, in which shipping companies would contribute as part of purchases of bunker fuel. Others prefer an Emissions Trading System (ETS), in which shipping companies would buy a shipping allowance or ‘emissions unit’, which they would then surrender according to their actual carbon emissions. Some consider the GHG fund to be more straightforward and provide price certainty for the shipping industry, however others believe that a global emissions trading system would provide stronger incentives to encourage the reduction of carbon emissions.

Mark Brownrigg, Director General of the British Chamber of Shipping said:

“This is a complex international debate for which we need active participation from the shipping industry and governments to find a genuine solution. This must be global – through the IMO – rather than regional.

“It is crucial that we do not discount either of the main proposed economic mechanisms for encouraging carbon reductions. The debate lies ahead on which option will provide greater certainty of outcome, ease of application, and without damaging the growth of the industry and world trade. That debate must be based on practical considerations rather than conjecture.”

To download the two manuals go to the Chamber’s publications page for pdfs entitled ‘cap and trade’ and ‘levy’:

http://www.british-shipping.org/publications/

gemma.wilkie@british-shipping.org

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5. International Conference on Logistics and Multimodal Transport, 9-11 October 2011

Courtesy of Ida Stier we learn that The International Multimodal Transport Association (IMMTA) is organising a Conference on Logistics and Multimodal Transport in Las Palmas, Canary Islands, Spain between 9 and 11 October 2011.

The conference will focus on the role of the Logistics Operator within different services (including insurance for the operators and cargo) and the international regulation of liability for multimodal transport, with special focus on the Rotterdam Rules (the new United Nations Convention on Carriage of Goods Wholly or Partly by Sea 2008). It all seems rather tempting.

http://www.immta.org/

A brochure for the conference proceedings has been lodged on the news page of our FOB site at:-

http://www.fobnetworking.com

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6. People and Places

Giles Heimann has recently been appointed chairman of the Save Our Seafarers campaign, an industry wide initiative to rally politicians to do something concrete to combat piracy.

http://www.saveourseafarers.com

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Richard DeSimone has been appointed by XL Insurance to the new position of president of its U.S. Ocean and Inland Marine unit.

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Kissel v. Schwartz & Maines & Ruby Co et al.

Randy Cassingham, the leading light of This is True, JumboJokes and other online antics reports on how they do things differently in Kentucky:-

When Kenton, Kentucky, Circuit Court Judge Martin Sheehan got word that a legal malpractice suit that was to be heard in his court had been settled before trial, it’s safe to say he he was happy about it and said so:-

The herein matter having been scheduled for a trial by jury commencing July 13, 2011, and numerous pre-trial motions having yet to be decided and remaining under submission;

And the parties having informed the Court that the herein matter has been settled amicably (the Court uses the word amicably loosely) and that there is no need for a Court ruling on the remaining motions and also that there is no need for a trial;

Such news of an amicable settlement having made this Court happier than a tick on a fat dog because it is otherwise busier than a one legged cat in a sand box and, quite frankly would have rather jumped naked off a twelve foot step ladder into a five gallon bucket of porcupines than have presided over a two week trial of the herein dispute, a trial which, no doubt would have made the jury more confused than a hungry baby in a topless bar and made the parties and their attorneys madder than mosquitoes in a mannequin factory;

IT IS THEREFORE ORDERED AND ADJUDGED by the Court as follows:

1. The jury trial scheduled herein for July 13, 2011 is hereby CANCELLED.

2. Any and all pending motions will remain under submission pending the filing of an Agreed Judgment, Agreed Entry of Dismissal, or other pleadings consistent with the parties’ settlement.

3. The copies of various correspondence submitted for in-camera review by the Defendant shall be sealed by the Clerk until further orders of the Court.

4. The Clerk shall engage the services of a structural engineer to ascertain if the return of this file to the Clerk’s office will exceed the maximum structural load of the floors of said office.

Dated this 19 day of July, 2011.

MARTIN J. SHEEHAN Kenton Circuit Judge

The order quickly went viral online, which, the judge said, “is a sad comment on the legal profession. A judge puts a little humor in the judicial opinion, and it goes viral.” He said he often adds wit, sarcasm and pop culture references to make a point.

The lawyers in the suit refused to comment on the order.

The plaintiff, Barbara Kissel, sued the law firm Schwartz Manes Ruby & Slovin, and two other lawyers, claiming that she was not properly represented in a dispute.

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Proofread Your Resume (Part 2)

More resume problems. Too much information this time, rather than mere typos. But the end result is all too plain:-

“Married, eight children. Prefer frequent travel.”

“Graduated in the top 66% of my class.”

“Reason for leaving last job: Pushed aside so the vice president’s girlfriend could steal my job.”

“Special skills: Experienced with numerous office machines and can make great lattes.”

“It’s best for employers that I not work with people.”

“Objective: To have my skills and ethics challenged on a daily basis.”

“Experience: Watered, groomed, and fed the family dog for years.”

“Special skills: I’ve got a Ph.D. in human feelings.”

“My contributions on product launches were based on dreams that I had.”

“Previous experience: Self-employed — a fiasco.”

“Work history: Bum. Abandoned belongings and led nomadic lifestyle.”

“Reason for leaving last job: The owner gave new meaning to the word ‘paranoia.’ I prefer to elaborate privately.”

“Extensive background in public accounting. I can also stand on my head!”

“Exposure to German for two years, but many words are inappropriate for business.”

“My fortune cookie said, ‘Your next interview will result in a job’ — and I like your company in particular.”

Source: JumboJoke.Com]

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