ITIC Insight

Chloe Townley, Senior Account Executive at ITIC, has an insightful conversation with Lucy Goff, a Senior Associate in the LA Marine team at Lester Aldridge. Lucy shares valuable guidance on what marine surveyors need to consider while drafting their reports.  

Lucy suggests that for writing damage or investigation reports, surveyors should gather ample information and store related documentation securely. Also, note all sources while drafting reports and remain impartial to your reported findings, as it is crucial should there be any future legal disputes.

Ayşegül Wallis, Account Executive at ITIC, spoke with Ester Toumpouris, Partner at Ince in Cyprus, about the “Ocean Victory” Bulk Carrier, which lost steerage and subsequently grounded. The crew were safely evacuated from the vessel before she broke apart. This was followed by the court case in 2006 regarding a breach of the safe port obligation warranty.

Even though The Ocean Victory is a case concerning safe port obligation, the Supreme Court thought that the co-assurance clause is equally essential. Due to the co-assurance provisions, the subrogated insurers were not entitled to claim against the demise charterer. In this episode, Ester sheds light on co-assurance and the relevant BIMCO co-assurance clause.

This episode of ITIC Insight focuses on marine surveyors based in Australia. Robert Sniffen, Underwriting Director at ITIC, speaks with Chris Sacré, Partner at Hall & Wilcox in Sydney, Australia. ITIC has handled many marine surveying claims over the years and is offering a guide on what surveyors should look for to ensure terms and conditions are correctly worded. In this episode, ITIC concentrates on Australian jurisdiction and surveyors. Chris provides insight into which main clauses and conditions an Australian marine surveyor should always include in contracts and how to identify any shortfalls.  

In this episode of ITIC Insight, Ayşegül Wallis, Account Executive at ITIC, spoke with Ester Toumpouris, Partner at the international legal and professional services firm Ince in Cyprus, regarding the BIMCO "Shipman" contract. Considering the BIMCO Shipman and Crewman contracts, Ester provides information regarding the manager's liability for crew negligence.

The contract is widely used and also recommended by ITIC as a balanced contract between the interests of the manager and the shipowner. Ester gives insight into claims made against ship and crew managers that have arisen purely from the crew's negligence. However, Ester says, P&I or hull insurers should cover claims arising from crew negligence. They are not the responsibility of the supplier of the crew, namely the ship or crew manager. If an error (by a fully certified and qualified chief engineer) causes damage to a main engine, the claim should fall against the hull and machinery underwriters. The fact that the chief engineer made a mistake does not mean the ship or crew manager had been negligent. The manager is exempt from any crew negligence even if their actions were negligent unless the manager is negligent in supplying the crew.

In this episode of ITIC Insight, ITIC's Marketing Director, Emma Leworthy, interviews Claims Director Mark Brattman regarding recent claims published in the Claims Review, of which Mark is also the Editor. The Claims Review is a series of case studies that have been paid by ITIC or where assistance has been rendered.

Mark provides invaluable insight into recent claims and pitfalls that members should be aware of, which may occur in their businesses. The Claims Review is published twice a year. To read the series of case studies published in issue 48, please visit the ITIC website.

Tom Irving, ITIC’s CEO, sits down with Jeff Woyda, the newly appointed Chairman of ITIC. Jeff is currently the CFO and COO at Clarksons, which provides advisory services to the maritime sector, including shipbroking, research, finance and green-driven services. He also boasts an impressive resume in the regulatory sector. In this episode, Jeff shares his insights on some issues and opportunities facing brokers today amid challenging market conditions, from sanctions and price caps to the dark fleet. He also talks about the importance of technology and training for ITIC members.

The digitisation of bills of lading has been a hot topic for years. Since this episode was recorded, the final report of the Law Commission of England and Wales together with draft legislation, entitled “electronic trade documents” has been published. ITIC's Account Executive Aysegul Wallis joins Claims Director Mark Brattman to discuss the benefits and challenges of electronic bills of lading compared to traditional paper bills of lading. They also discuss how ITIC members, particularly ship agents, are affected by the vast number of electronic systems that are currently in play and how it is hoped a single system could benefit all members.

ITIC's Claims Director Mark Brattman and Marketing Director Emma Leworthy highlight some of the claims from the recently published Claims Review 46. This publication provides a selection of marine cases recently handled by ITIC and offers relevant guidance and instruction to help members avoid similar pitfalls. Mark and Emma are also joined by ITIC’s newest account executive Aysegul Wallis to discuss her career.

ITIC's Melanie Daglish takes to the microphone to speak with Hispania P&I Correspondents founders James McKinnell and Rosana Velasco. Hispania offers the full range of P&I Correspondents’ and claims handling services throughout the whole of Spain, and they discuss with Melanie the recent claims being seen in the region. James and Rosana also talk through the effects of the conflict in Ukraine, sanctions on Russia and ship agents involved in Covid-19 crisis claims.

NB. Please be aware that the speakers on this podcast are speaking in both Spanish and English.

ITIC's Commercial Director Charlotte Kirk is joined by Ester Toumpouris, a Partner at Ince & Co, for ITIC's podcast to provide some background for ship managers on amending clauses in contracts particularly with respect to arbitration and jurisdiction. Ship managers should be very careful with any amendments to these aspects of the BIMCO Shipman and Crewman agreements and Ester and Charlotte offer insight on how best to approach and manage this activity.

In this special podcast, Geraldine Koon, Senior Claims Executive at ITIC, and Alexander Brandt, Counsel and lead member of the sanctions practice at Reed Smith LLP, discuss the sanctions landscape, which is even more relevant in light of the current sanctions against Russia. Ship agents and shipbrokers should not miss this highly informative podcast offering insight into the importance of having proper systems in place for checking and knowing your clients and transactions, possible consequences of sanction breaches and the potential challenges.

Given the unprecedented nature of the current situation in Ukraine and the complex nature of sanctions being imposed on Russia, ITIC’s Robert Hodge and Julian Clark, Global Senior Partner at Ince, discuss the force majeure clause and its implications as well as the important role ship management companies can play in navigating these challenging issues.

ITIC's Mark Brattman, Claims Director and Legal Advisor, and Geraldine Koon, Senior Claims Executive, take to the microphone to talk about terms and conditions in contracts and the importance of them. Mark and Geraldine discuss how important it is to incorporate terms and conditions into all business dealings, offering advice on how best to do this and how to minimise any potential risk.

Since Brexit, the numerous rules, regulations and procedures imposed on the import and export of goods between Europe and the UK has caused significant confusion. Casper Shipping’s Director, Nikki Sayer, and ITIC Account Executive Antonios Vrygiotis discuss how best to navigate the new requirements and provide their insight on best practices to avoid disruption or delay.

In ITIC's second podcast of 2022 ITIC Claims Director Mark Brattman is joined by Alexander Sandiforth, a partner at Reed Smith law firm, to talk about one of the most searched terms on the ITIC website ‘switch bills of lading’. The practice of switch bills of lading is increasing, and Mark and Alexander discuss the challenges, potential problems and risks that can arise from this practice.

Kicking off 2022 ITIC's Robert Sniffen chats with Erik Johnston, Project Manager at Robert Allan Ltd, about the interesting discipline of naval architecture. Robert and Erik discuss the innovation behind designing vessels, touching on the first methanol-fuelled crew transfer vessel that is being designed by Robert Allan Ltd, decarbonisation and the offshore industry.

In ITIC's latest podcast Robert Hodge, Director, and Julian Clark, Global Senior Partner at Ince, join forces for the second time to talk about IMO 2021 and the ship manager’s responsibility for carrying out cyber audits. Robert and Julian took part in an ITIC webinar on IMO 2021 earlier this year and now discuss the impacts of IMO 2021 on shipping and ship managers in particular.

In our first ever podcast covering the aviation industry, ITIC’s Melanie Daglish and guest Alan Phelan, Chief Executive Officer of the APTN (Aircraft Professional’s Technical Network), talk about the APTN, the pandemic and the importance of CPD training.

Join ITIC's Claims Director Mark Brattman and Marketing Director Emma Leworthy as they chat about the latest Claims Review 45. This bi-annual publication provides a selection of marine cases recently handled by ITIC and offers relevant guidance and instruction to help members avoid similar pitfalls.

Join ITIC’s Robert Sniffen as he speaks with new CEO Tom Irving. Robert and Tom discuss Tom's history with ITIC, looking at some interesting cases, his plans for ITIC going forward, as well as gaining more insight into Tom's favourite foods, travel destinations, movies and music.

In this special podcast Commercial Director Charlotte Kirk speaks with ITIC’s long serving former CEO Stuart Munro. After over 30 years Stuart is retiring and talks to Charlotte about the highlights of his career at ITIC, travelling around the world and his most memorable meals.

Speaking this week in the Green Room are ITIC’s Mark Brattman, Claims Director and Andrew Jamieson, Director, who discuss the three 'c's' in shipbroker commissions - commission cut-outs, continuations and cancellations. Mark draws on Andrew's extensive experience to highlight what the potential pitfalls are and how to minimise the risk of the three c's.

Join Mark Brattman and Fiona Reynolds, ITIC's Claims Director and Claims Executive respectively, as they discuss various issues with debt collection. Fiona is ITIC's resident debt collection specialist and draws on years of experience to chat with Mark about best practices and the potential problems that may arise when seeking debt collection.

In this special bonus podcast get to know ITIC's new Claims Director Mark Brattman. Mark has been with ITIC for 17 years as Legal Advisor and has just recently taken on the position of Claims Director. Mark chats with Emma Leworthy, ITIC's Marketing Director, about the new role, his experiences so far as well as favourite movies and food.

In ITIC Insight's latest podcast episode ITIC’s Ilka Frischen and Alberto Comitardi discuss demurrage disputes and claims. Demurrage should be a matter between the owners and the charterers but often this is not the case and Ilka and Alberto talk about what to look out for and best practices.

Once again ITIC's General Manager Tom Irving speaks with one of ITIC's Board of Directors - Claes Devantier, Senior Vice President at Maersk Broker. Claes talks about his extensive career, the impact of the pandemic on his business and the market and what lies ahead.

In today's podcast ITIC’s very own Charlotte Kirk, Commercial Director, and Alistair Mactavish, Underwriting Director and Chief Operating Officer, discuss cybercrime and cyber security. Any business or individual using electronic communication can be the subject of an attack by hackers and Charlotte and Alistair share their insights and advice on how to minimise your exposure.

John Brown, Senior Vice President, Marine Liability Practice Head, Marine UK, Marsh Specialty UK, takes the hot seat in this edition of ITIC Insight and chats with Director, Robert Sniffen, about Marsh JLT Specialty, the challenges and opportunities the organisation has encountered during COVID-19 and shares some thoughts about what the future may have in store.

Join Darryl Kennard, a partner at Penningtons Manches Cooper LLP and Robert Hodge, Director, as they discuss knock-for-knock liability insurance. Knock-for-knock liability provides that each party to the contract agrees to take responsibility for, and to indemnify and hold the other harmless in respect of, death and injury to its own personnel, and loss and damage to its own property. This is intended to be effective even if the incident is caused by the negligence of the indemnified party. We hope you enjoy this latest edition.

In the third of our Board of Directors interview series Tom Irving, ITIC's General Manager, takes to the microphone to speak with Michael Shakesheff, Managing Director at Casper Shipping. Michael and Tom discuss the challenges facing port agents, Michael's unique history with ITIC and the Hide Tide Foundation.

Join Tom Irving and Matthew Offers as they discuss joint and several liability. In many countries ship agents and, in some cases ship managers, can find themselves involved in claims as a result of their joint and several liability with their principal, be that the ship owner or charterer. This liability arises as a result of either local law or port statute (statutory liabilities). Tom and Matthew draw on their years of experience to discuss recent cases and ways to avoid this.

In the second of our insurance broker interview series Sara Darroch from Tysers speaks with ITIC's Robert Sniffen. Robert and Sara discuss some of the challenges currently faced with the pandemic, the market and look forward to what can be expected over the next few years, with a particular focus on Australia.

This episode delves into the recently published ITIC Claims Review 44. The Claims Review discusses recent claims with which we have assisted and paid and highlights relevant issues that our members should be aware of. Emma Leworthy, ITIC's Marketing Director and Mark Brattman, ITIC’s Legal Advisor, discuss some of the featured claims.

Join us for the second of our Board of Directors interview series where Tom Irving, ITIC's General Manager, is joined by President & CEO of Wilhelmsen Ship Management, Carl Schou. Carl shares his extensive experience as they both discuss the current pandemic, how things are likely to move on and what to hope for in the future.

The importance of ensuring that a shipbroker's entitlement to commission is properly protected is discussed in this episode. Drawing on experience, ITIC’s Claims Director Andrew Jamieson and ITIC’s Commercial Director Charlotte Kirk identify the pitfalls to avoid and offer advice on how to manage difficult situations.

In the first of our insurance broker interview series join ITIC's Robert Sniffen, Director, and James Richardson, Divisional Director at Arthur J. Gallagher & Co., as they discuss the current state of the market, COVID and the challenges this has brought about. They also take a look to the future.

The EU Ship Recycling Regulation came into force on 31 December 2020 and effects any in-service ship of 500 GT or over calling at any EU port or anchorage (regardless of flag). It requires that vessels hold a valid and certified Inventory Hazardous Materials (IHM) on board. Join Barnaby Jordan, ITIC Account Executive, and guest speaker Jon Chaplin, Marine Business Development Manager at Lucion Marine, as they discuss the IHM and what steps ship managers can take to be compliant and minimise risk.

Tom Irving, ITIC's General Manager, takes to the microphone to interview the Chairman of ITIC’s board, Lars Säfverström. Lars is a Non-Executive Director of GAC and has many years of experience in the maritime industry. During this interview Tom and Lars explore mental health in the workplace and how GAC supports the mental wellbeing of their staff. Lars also outlines how the role of the ship agent has changed over the years and how COVID-19 has impacted on the business, particularly in regards to crew changes.

ITIC's General Manager Tom Irving discusses with Account Executive Barnaby Jordan the worrying increase in the fraudulent activity of attempting to smuggle illegal immigrants through ports. Tom and Barnaby examine the issues that ship and port agents should be aware of and what to look out for more generally.

In this podcast, ITIC's Robert Hodge and guest speaker Michelle Otero Valdés, a Partner at Chalos and Co., delve into the International Maritime Organization’s (IMO) new cyber risk resolution. Robert and Michelle offer advice and guidance to shipowners and managers operating under the new IMO regime.

ITIC Director & Legal Advisor Mark Brattman and ITIC Director Matthew Offers discuss the continuing issue of cyber-crime and fraudulent demands for payments. This problem continues to plague the maritime sector and both our speakers discuss the danger signals and the importance of always using the telephone to confirm any bank detail changes from vendors or partners.