THE NEWSLETTER OF THE ASSOCIATION OF SHIP BROKERS & AGENTS (U.S.A.), INC.
MAY 2010
2010 Annual Cargo Conference
GENCON FORM ‐ VESSEL’S FAILURE TO OBTAIN e‐NOA PORT CLEARANCE‐WHOSE SERVANT WAS THE AGENT? The “MUST ATTEND” Shipping Event
Sept 29 - Oct 1, 2010
Eden Roc - Miami Beach, Florida
Sponsors Include:
There was a recent arbitration which dealt with the duties of an agent with respect to port clearance and how inattention to duties affected the rights of an owner and charterer. On or about September 27th the owner chartered its vessel to the charterer for the carriage of a full and complete cargo from a U.S. Gulf Port to European Ports. The charter had a cancelling date of October 4th. The charter was on the GENCON form with alterations and rider clauses. Blue Water Shipping
Chembulk Tankers
Cresent Towing
Gemini Tankers
Heidenreich Innovations
J. Lauritzen (USA) Inc.
Maritime Executive
Maritime Global Net
Maritime Information Systems
MJLF & Associates
The following clauses are relevant to the disputes: Moran Shipping Agencies
Nord-Sud Shipping Inc.
OSG Ship Management
Port of Pensacola
Poten & Partners
Responsive Technology
ShipDecision
Transmarine Navigation
Veson Nautical
“Clause 9. Cancelling Clause a) Should the Vessel not be ready to load (whether in berth or not) on the cancelling date indicated in Box 21 [i.e. October 4th], the Charterers shall have the option ~ PROGRAM IS IN THE WORKS ~ MARK YOUR CALENDARS! ~
of cancelling this Charter Party. Rider Clause 31 ‐ Charterers’ nominated agents at both load port and discharge port, vessel paying customary that the agent was the agent of the charterer; and the agent, having all the information needed to complete the required form had failed in its duty to port charges and agency fee (provided competitive).” properly and promptly obtain clearance for the vessel to enter port when the On September 28th the Master advised the Vessel’s agent, nominated by the charterer, that the ship would arrive at the load port loading berth became available. The charterer argued that under Clause 31, it on September 30th and asked for assistance with the filing of the had the right to nominate the agent to the owner but that did not change the required 96 hour notice of arrival. He then sent the agent an outdated traditional relationship that the port agent was the servant of the owner and e‐NOA form with the request to relay same to the National Vessel not the charterer. Thus, whether the failure of the vessel to obtain the Movement Center (NVMC). The agent promptly notified both the necessary port entry clearance was due to the fault or neglect of the master, Master and the owner that the submitted e‐NOA format was invalid and the owner or the agent made no difference to the vessel’s duty to obtain the had since been superseded by a newer, up‐dated version and suggested necessary clearance. for them to promptly contact the agent’s dedicated e‐filing department The panel majority determined that the vessel was an arrived ship when for proper filing procedures. The same evening the Master re‐submitted she gave her NOR on September 30th. However, when she was ordered into a completed e‐NOA, though still on the outdated format and requested berth on October 7th, she could not do so, because, for whatever reason, no the agent’s cooperation and assistance with filing the Notice. The agent valid e‐NOA had been filed with the authorities and she was refused entry into suggested to both the owner and the master that they contact the the port. At that point she was not “at the ready disposal of the charterer” and agent’s e‐NOA Desk for assistance. Owner never responded, apparently would not be so for at least another 96 hours. Thus, so far as the charterer because the operations person was out of the office travelling. The was concerned she was not a properly arrived ship and since the vessel would master thought the matter had been taken care of. Thereafter, nothing not be at its disposal until after the cancelling date, the charterer was within further happened with respect to the filing of a proper e‐NOA. On its rights to cancel and seek damages. The panel majority pointed out that in September 29th the agent contacted the Master with preliminary addition to the absolute right to cancel, the charterer was entitled to recover berthing instructions for October 6th, which the Master confirmed. The damages because the owner was in breach of clauses 20 and 45 of the charter. Vessel arrived and anchored near the pilot station and tendered its Therefore, the charterer was entitled to its foreseeable damages, plus costs Notice of Readiness (NOR) for September 30th at 16:45 local time. When including arbitration and attorney fees. the Vessel, on October 7th was ordered into berth, it was learned for the The dissenting arbitrator concluded that the agent, nominated by the first time that no valid e‐NOA had been filed with NVMC, and she was charterer, was for all practical matters the servant of the charterer and not the owner. Therefore, the charterer’s claim should be denied and the owner not permitted to berth or enter the port. The agent then promptly re‐submitted the proper e‐NOA, notified all parties that the Vessel could awarded its damages. not be cleared for another 96 hours and estimated that berthing/loading As noted, this arbitration only concerned the owner and the charterer. It does not discuss or decide the duty owed by the agent to its principal, the could not take place any earlier than October 12th. owner. This arbitration highlights the situation faced by agents when charter The charterer cancelled the vessel on October 8th, on the basis that she was not ready or able to load by the cancelling date as she had not party terms call for “Charterer’s nominated agents” where agents are appointed by the charterer and paid by the owner. In these circumstances, as obtained the necessary Coast Guard permission to enter port. Thereafter, the owner instituted arbitration proceedings seeking was determined by the panel, the agent is the servant of the owner. damages arising out of the alleged wrongful cancellation. It asserted by Patrick V. Martin ASBA & THE BALTIC EXCHANGE
CALENDAR OF EVENTS
180 Members and their guests enjoyed “The Party” at the
CMA Shipping Show at Bank Street on March 22.
MAY 27 - Agency Seminar - New Orleans
JUNE 3 - Buffet Dinner Cruise - Sold Out
The Lexington - NY (departs East 23rd St.)
>>
Dean Tsagaris
Mike McClure
Charles Timberlake
Janet Sykes
SEPT 13 - Board of Directors Meeting
SEPT 29 - Agency Affairs Committee Meeting,
Miami Beach, FL
<<
Jason Kelly
Saif Aman
Leigh Phillips
SEPT 29 - OCT 1 - Annual Cargo Conference
Eden Roc - Miami Beach, FL
Prominent Women in Shipping
>>
Juan Gutierrez
Nils Anderson
Mike Perry
Travis Meadows
Martin Meyendorf
<<
Jennifer Montgomery
Vanessa Anderson
Mikkel Borresen
>>
Bob Titus
Thomas Jakobsen
Bob Wolff
<<
Mark Jackson
Philip Syrrist
Prof. Jeffrey Weiss, Elspeth Hannaford, Marygrace Collins,
Dr. Larry Howard and Lois Zabrocky
The Global Business and Transportation Department of
the State of New York Maritime College hosted a
symposium on “Prominent Women in Shipping” on
April 15 at the college. In Dr. Howard’s remarks he
noted that the first woman to graduate from SUNY
Maritime was Marjorie Murtagh Cooke in 1974 with a
Bachelor of Engineering degree. Her career profile and
portrait is on display in the college’s Heritage Hall in
recognition of merit and service during her career in
maritime. The current female population is 13% in the
GBAT programs. ASBA members, Marygrace Collins of
Bulkore Chartering and Lois Zabrocky of OSG Ship
Management were guest speakers and are certainly
excellent examples of successful women in shipping.
Students, faculty and guests enjoyed their presentations
and insight. Marygrace highlighted some of the challenges
as well as benefits of being one of the few female dry
cargo brokers in the 1980’s while Lois along with OSG’s
Debra Tischler and Barbara Noveillino focused on the
career opportunities for women in shipping today.
ASBA hosted the
VII Annual
CIANAM Meeting
April 29 & 30, 2010
Gaylord National Harbor
Maryland
The Americas Group of FONASBA, CIANAM, hosted
their VII Annual meeting in National Harbor, Maryland
just outside of Washington, D.C. ASBA’s Agency
Affairs Committee hosted their spring meeting at the
Gaylord so that members could attend the CIANAM
meeting. There were 30 in attendance including
representatives from member countries of Argentina,
Brazil, Mexico, Peru, Panama, Uruguay, Venezuela
and invited guest, Honduras. The meeting included a
session on US Port Security with CBP and US Coast
Guard. The agenda also included topics of mutual
interest: The FONASBA Quality Standard, Port
Procedures Survey, Third-party DA Providers and
preliminary discussion of the CIANAM Strategic Plan.
ASBA Delegation
ASBA hosted Lobster and Crab Bake
ASBA Golf Outing
New York Country Club
New Hempstead, NY
May 6, 2010
Good Weather + Great Golfers = FUN!
< 1st place team
Mortin Gimand
Soren Sorensen
Nic Molin
Bo Westergaard Jensen
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2nd place team >
Glenn Sheehan
James Russell–Walling
Jim Hammond
Christopher Wilson
< 3rd place team
Peter Koch Hansen
Pat Krebs
Jesper Pederson
Kevin Byrne
View all event photos at www.asba.org - “NEWS” section
ASBA LIVE SEMINARS
Fall 2010 Schedule
July 29
Agency Seminar
July 30
Agency Seminar
September 16/17 Business of Shipping I
October 14/15
Marine Insurance
October 22
Agency Seminar
November 4/5
Business of Shipping I
November 12
Agency Seminar
December 9/10 Business of Shipping II
Los Angeles, CA
San Francisco, CA
Houston, TX
Stamford, CT
Tampa, FL
Stamford, CT
Houston, TX
Stamford, CT
CONGRATULATIONS STUDENTS!
ONLINE
Shipbroking & Chartered Vessel Operations
Vladimir David Marenco Mondul
HOME STUDY COURSE
Basic Principles of Chartering
Joseph L. Barr
Christian J. Petterson
Michelle Reed
WELCOME NEW MEMBERS
COMPANY MEMBERS
Revelle Shipping Agency, Inc.
1312-C Lakewood Drive, Slidell, LA 70458
Phone: 985-641-0444 - Fax: 985-641-0483
Website: www.revenola.com
Email: revelle@revenola.com
True North Chartering, LLC
50 Old Kings Highway North, Darien, CT 06820
Phone: 203-202-7490 - Fax: 203-202-7489
Website: www.truenorthchartering.com
Email: chartering@truenorthchartering.com
AFFILIATE MEMBERS
Board Meeting Notes:
“Calling all junior brokers and agents!”
Your Board of Directors approved the establishment of a
Junior Member Committee recognizing the need to get
the “Under 40” crowd engaged in ASBA.
If interested in serving on this committee, please email or
call no later than June 21.
EMPLOYEMENT OPPORTUNITY
Bulk Fleet Chartering, LLC
Englewood Cliffs, NJ
Seeking a CHARTER BROKER
Approximately 2-4 yrs Experience
Interested parties should send their resume to
Mr. James V. Schurtz @ jschurtz@bulkfleetusa.com
Applications will be held in strict confidence.
Genco Ship Management LLC
299 Park Ave., 20th Fl., New York, NY 10171
Phone: 646-443-8550 - Fax: 646-443-8527
Website: www.gencoshipping.com
Email: chartering@gencoshipping.com
Global Bulk Carriers LLC
62 Southfield Ave., 1 Stamford Landing, Suite 218
Stamford, CT 06902
Phone: 203-504-8110 - Fax: 203-504-8114
Website: www.gbcarriers.com
Email: chartering@globalcarriers.com
United Maritime Group, LLC
601 S. Harbour Island Blvd., Tampa, FL 33602
Phone: 813-209-4200 - Fax: 813-273-0248
Website: www.unitedmaritimegroup.com
Email: cliff.johnson@united-mar.com
ASSOCIATE MEMBERS
Dennis K. Fuller
Norton Lilly International
15201 East 1-10 Fwy, Suite 209, Channelview, TX 77530
Phone: 713-948-2722 - Fax: 713-582-1649
Website: www.nortonlilly.com
Email: dfuller@nortonlilly.com
MEMBERS ON THE MOVE
Michael Hackmeyer
Keith Miceli - Port of Houston Authority
Norton Lilly International
P. O. Box 2562, Houston, TX 77252
Phone: 713-670-2634 - Fax: 713-670-2564
Email: kmiceli@poha.com
One St. Louis Centre, Suite 3002, Mobile, AL 36602
Phone: 251-219-3322 - Fax: 251-433-9408
Website: www.nortonlilly.com
Email: mhackmeyer@nortonlilly.com
New England Navigation Inc.
MEMBER UPDATES
210 Sound Beach Ave., Suite 3, Old Greenwich, CT 06870
Phone: 203-698-7635 - Fax: 203-344-9590
Email: chartering@nenavigation.com
William Osmer - Tesoro Maritime Company
Email: william.j.osmer@tsocorp.com
ASSOCIATION OF SHIP BROKERS & AGENTS (U.S.A.), INC.
510 Sylvan Ave. • Suite 201 • Englewood Cliffs, NJ 07632
Tel: 201-569-2882 • Fax: 201-569-9082
Email: asba@asba.org • Homepage: www.asba.org