A.W.J. (Tony) Fernandez Consultant Adjuster of Averages, Maritime Operational Risk Management Advisor & Mentor Visiting Professor – PG Program in Marine Insurance Law – World Maritime University No. 61 Church Street, Off LBS Marg, Kurla (West), Mumbai – 400 070 Cell: (+91) 98921 92110 Email: awjfernandez@hotmail.com ___________________________________________________________________________________________________ VISION Known by my nick-name Tony (the short form of Anthony), I was born on 13-Jun-44, in India. My vision is to be a life-long learner and a life-long sharer of knowledge, skills, experience, and attitudes, by facilitating learning in an interactive and a joyful manner, to empower transformation. In so doing, I highlight the impact of human factors on the technical, commercial, contractual, and legal aspects of the Shipping, Shipbuilding, Energy (Oil & Gas) and Insurance Industries, and emphasize the importance of a “win-win” approach through Professionalism. I aim to prevent disputes, and when they do arise, I strive to resolve them through the strengths of competence and integrity, by transparency and equity – without bias or prejudice, to the extent humanly possible, by believing in and striving to live by the tenants of the Four Way Test of Rotarians (although I am not a Rotarian). MISSION I am an ex-seafarer and an ex-serviceman and disability pensioner (decorated for active war service in the Indian Navy). I have a wide range of experience of about 57½ years (ship-board and shore-based), which includes boatbuilding, shipbuilding, ship-maintenance, ship-repair, dry-docking, ship-design, ship-management, statutory and classification surveys, insurance surveys, risk assessments, failure analysis, valuation of ships and fixed / mobile offshore structures, marine / energy (on-shore/offshore) surveys, marine casualty management, loss / average adjusting, arbitrating, mediating, lecturing / facilitating learning in a wide range of subjects including Maritime Law, Maritime Salvage, Towage, General Average, H&M and P&I Insurance Surveys, Marine Insurance and Risk Management. Such experience empowers me to maximizing the impact of facilitation in the fields of Shipping, Shipbuilding, Dock & Harbour Engineering, Maritime Law, and Insurance Law, and enriches me in my practicing as a Consultant Adjuster of Averages, Maritime Operational Risk Management Advisor, Arbitrator, Mediator, Mentor and Learning Facilitator. I am committed to spreading goodwill through professionalism, by making life an empowering experience for myself and others with whom I interact. VALUES I believe in long-term relationships forged over time by professionalism based on competence and credibility. I believe that to delight Clients, I must “go the extra mile”, and “rise above the call of duty”. I believe that independence, inter-dependence, affiliation, appreciation, and affection, are the catalysts that promote individual empowerment to create synergy among Associates and Clients. I believe in promoting, amongst all those with whom I associate, Self Esteem, Mentoring, Integrity, Listening with Love, and a constant pursuit for Excellence (S M I L E). Page 1 COMMITMENT I am committed to continual improvement to achieve excellence in the practice of all facets of Maritime Operational Risk Management and Marine (Hull & Cargo) / Liability (P&I) / Construction / Energy Insurances, to earn Clients’ trust by exceeding their expectations, through creative solutions to resolve challenges issues. I aim to conduct my practice in a legal, moral, and professional manner, which is economically beneficial to Clients, and is rewarding, financially and professionally, to myself and my Associates. I believe that growth and prosperity will happen only in a selfless and dedicated environment, where there is mutual respect and caring for all. I am a team member who believes in synergy with all those I associate with. I am committed to the highest ethical standards and recognize that I must take a leadership role in my Professional pursuits. I believe that action speaks louder than words and congruence between speech and action, is evidence of credibility. I strive to live by the “Golden Rule”, and treat all with respect, courtesy, empathy and understanding. I believe in: “Atithi Devo Bhavah” (the Guest is to be welcomed as God), and so open my heart, my mind, and my spirit to all those I meet with a “Namaste”, which means: “I honour the place in you in which the entire universe dwells. I honour the place in you, which is of Love, of Truth, of Light, and of Peace. When you are in that place in you and I am in that place in me, we are one!” Curriculum Vitae – A.W.J. (Tony) Fernandez, 01-Feb-2023 TECHNICAL & MANAGEMENT EDUCATION 1961-1965 Successfully completed the 4-Year “A” Grade Apprenticeship of the Indian Navy specializing in Shipbuilding and Naval Architecture, (equivalent to a Degree in Mechanical Engineering). 1965-1966 Passed the City & Guilds of London Exam in Shipbuilding, (through self-study), in 2nd Class. 1972-1974 Attended Executive Development Programs conducted by the Bombay University at Jamnalal Bajaj Institute of Management Studies, Mumbai and passed qualifying examinations to obtain Certificates in “Administrative Practice”, “Personnel Management”, “Production Management” and “Materials Management” from Bombay University (as it was then known). 1974-To Date Continual Professional Development by up-gradation of knowledge in various topics by attending Learning Programs / Seminars / Webinar / Workshops, on the following:- Cost Reduction, PERT & CPM Planning Techniques, Law and Practices of Arbitration, Management by Objectives, Ultrasonic Instrumentation, Bridge Resource Management, Internal Auditor and Lead Auditor in ISO 9001 Quality Management Systems, International Safety Management Code Workshop, Qualifying Course in Neuro-Linguistic Programming, ISM Auditor’s Course, MBTI® Qualifying Program (at Temperament Research Institute, Huntington Beach, California – USA) and Stress Management conducted by ISF Consultancy. Attended Webinar on “Latent Cause Analysis for Everyone via the Mini-LCA”, conducted by C. Robert Nelms of Failsafe Network Inc., in 2009, Lead Assessor Course for ISO 29000 Business Continuity Management and Risk Management Standard ISO 31000 conducted by British Standards Institute in 2012. Continuing to present Papers, attending, and conducting Webinars and Seminars in India and Abroad. EMPLOYMENT – DUTIES & RESPONSIBILITIES 01/21 – Date Consultant Adjuster of Averages & Maritime Operational Risk Management Advisor & Consultancy services to Shipping, Energy (Oil & Gas) & the Insurance Industries, in the fields of 07/09 – 06/10 Operational Risk Management, Salvage, General Average and Towing operations. Designing and conducting Conferences, Seminars, Workshops and Training Programs in Maritime Operational Risk Management and Marine Insurance, Maritime Law, Maritime Salvage and General Average. Mentoring Candidates for appearing the Associateship and Fellowship Examinations of the Association of Average Adjusters (United Kingdom). 07/10 to 12/20 Chairman & Managing Director (CMD) Creative Marine Insurance Consultants Pvt. Ltd. Heading a wholly owned, totally Independent, Professional Company specializing in Creative solutions to Marine Insurance challenges (both underwriting and claims), based on a Risk Management approach, covering Risk Reduction, Risk Transfer, Risk Audits and Risk Reviews; consultancy on matters pertaining to Risk Assessment, Underwriting, Loss Prevention, Loss Minimization and Management of various Marine Claims arising under Statute or Contract, Marine Casualty Response, Superintendence of Marine Salvage & Towage Operations. I have designed and conducted Learning Programs on Risk Management, Marine Insurance, General Average, Salvage, Towage Operations, Conflict Prevention / Resolution, in India and abroad. Page 2 01/06 – 06/09 Director and Area Manager – Braemar Falconer (India) Pvt Ltd. Founded India’s first Foreign Direct Investment (FDI) Company specialized in Risk Management and Marine Warranty Surveys for the Marine and Offshore Industries. 06/85 – 12/05 President Tony Fernandez, Inc., / CMD Tony Fernandez Average Adjusters Pvt. Ltd. Headed a wholly owned, totally Independent, Professional Company, specializing in Surveying and Average Adjusting of Marine and Energy (Onshore and Offshore) Insurance Claims and Risk Management Services, for Indian and Overseas Insurance Companies, including Shipowners, Insurers and Other Interested Parties. Curriculum Vitae – A.W.J. (Tony) Fernandez, 01-Feb-2023 EMPLOYMENT – DUTIES & RESPONSIBILITIES – CONTINUED 06/83 – 05/85 Managing Director, J.B. Boda Offshore Surveyors & Adjusters Pvt. Ltd. Responsible for establishing India’s first Offshore Surveying & Adjusting Company. Responsible to the Chairman J.B. Boda Group of Companies, for the profitable running of the Company specializing in Marine Hull and Energy (Onshore / Offshore Oil & Gas) Claims. 06/78 – 05/83 Principal Surveyor (Marine & Insurance) – J.B. Boda Surveyors Pvt. Ltd. Responsible to the Managing Director for conducting various types of surveys on behalf of Hull & Machinery (H&M) Insurers, Protection & Indemnity (P&I) Clubs and Ship / Cargo Owners. I was responsible for the theoretical and practical training of Staff Surveyors. 06/76 – 05/78 General Manager – V.M. Salgoacar Shipyard Pvt. Ltd. I was responsible to the Group Chairman V.M. Salgoacar Group of Companies, for the profitable running of the Shipyard including the functions of ship-design, shipbuilding, ship-repair, and ship maintenance activities of a Fleet of River Barges carrying Iron Ore and Diesel Oil. During this period was Non-Exclusive Surveyor to American Bureau of Shipping. 02/71– 05/76 Assistant Shop Superintendent – Shipwright Workshop, Bombay Port Trust Responsible to the Superintendent for the productivity of the different Workstations including Pattern Making, Sawmill, Rigging, Sail-making, Boatbuilding; Technical Management of a Port Trust Launches, Tugs and Barges under Chief Mechanical Engineer. Responsible as Statutory Surveyor under Indian Ports Act XV of 1905 for Survey and Certification of Cargo Boats for Seaworthiness, Load Line Assignment, Passenger Carrying Certificates, and for survey and issue of Seaworthiness Certificates for Barges carrying Petroleum Products and Explosives. 08/68 – 02/71 Chief Instructor – Shipwright Training School, Indian Navy Responsible to the Officer-In-Charge for theoretical and practical training to Shipwright Artificer Trainees, (Apprentice-Entry and Direct-Entry Graduates / Diploma Holders), in Shipbuilding, Naval Architecture, Shipyard Practice and Workshop Technology. 08/65 – 07/68 Shipwright Artificer – Indian Navy On board Indian Naval Ships, responsible for the maintenance and repairs of various equipment including ventilation / pumping and flooding / sanitary systems, boats, dry-docking, damage control, firefighting, and salvage operations. I was the Damage Control & Fire Fighting Instructor on board an Aircraft Carrier where I gained practical damage control and firefighting expertise. OTHER QUALIFICATIONS I am a Qualified Neuro-Linguist Practitioner, a Qualified Practitioner of Myers-Briggs Type Indicator (MBTI®) – a Personality Type Instrument. (I am “ENFP” Type), a Qualified Lead Auditor of ISO 9000 (Quality), ISO 29000 (Business Continuity) Management Systems, an Internal Auditor for ISM Code and a Student of Pranic Healing. Page 3 MEMBERSHIP OF PROFESSIONAL INSTITUTES / VISITING PROFESSOR AT GNLU/WMU (IUMI) I have held Membership of Professional Institutes including the Royal Institution of Naval Architects (UK), the Society of Naval Engineers (USA), the Institution of Structural Engineers, the Institute of Plant Engineers, the Institution of Non-Destructive Testing, the American Society of Welding, Institution of Diagnostic Engineers (UK). I am an Associate of the Association of Average Adjusters of the United States & Canada, having been so elected as a Practicing Average Adjuster since 1980. I was elected as an Honorary Member of the International Institute of Marine Surveyors (UK) [IIMS-UK] in 2010, of which I was Chairman of the India Branch from 20132015 and was elected as a Fellow of IIMS-UK in June 2014. I am a visiting Professor at Gujarat National Law University in Insurance Law and Maritime Law. I lecture at various Law Colleges in Mumbai on Maritime Law and Insurance Law. I am a Visiting Professor at the World Maritime University – Malmo Sweden, for the Post Graduate Diploma in Marine Insurance Law and Practice, sponsored by International Union of Marine Insurers. Curriculum Vitae – A.W.J. (Tony) Fernandez, 01-Feb-2023 Page 4 OVERVIEW OF PROFESSIONAL EXPERIENCE FOR THE PAST FIFTY-FIVE (55) YEARS AS: 01. Consultant Adjuster of Averages Details available on request 02. Maritime Operational Risk Management Advisor Details available on request 03. Mediator / Arbitrator / Adjudicator Details available on request 04. Expert Witness Details available on request 05. Diagnostic Engineer & Failure Analyst Details available on request 06. Maritime Salvage & Towage Consultant / Salvage Arbitrator Details available on request 07. Amicus Curiae (Friend of the Court) Details available on request 08. Insurance Policy Clauses/Terms (Conditions & Warranties) Drafter Details available on request 09. Marine Warranty Surveyor Details available on request 10. Joint Consultant Adjuster of Average (Marine Insurance Claims) Details available on request 11. Statutory Surveyor (Under Indian Ports Act 1908) Details available on request 12. Classification Society Surveyor (Non-Exclusive American Bureau of Shipping) Details available on request 13. Marine Insurance Surveyor (H&M and P&I) Details available on request 14. Marine / Energy (Oil & Gas) Surveyor, Energy Loss Adjuster & Asset Valuer Details available on request 15. Techno-Legal Interlocutor Details available on request 16. Neuro Linguistic Programmer / MBTI Practitioner / Pranic Healer Details available on request 17. Visiting Professor of Maritime Law and Insurance Law GNLU/Word Maritime University (IUMI) Details available on request 18. Mentor/Tutor for Candidates appearing for the Association of Average Adjusters (UK) Examinations Details available on request Curriculum Vitae – A.W.J. (Tony) Fernandez, 01-Feb-2023