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Skip Vaccarello |
June's issue of AWT Insights addresses two controversial issues:
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the use of the effect of ocean currents on vessel performance disputes and |
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the problem of whale strikes in commercial shipping lanes. |
Jim Sigafoose, AWT's marine claims expert, describes inconsistencies in past arbitration cases regarding the use of currents in ship performance disputes and advocates for a change.
In the second article, Rich Brown, AWT Vice President, notes that ship strikes are the main cause for the death of right whales, the population of which is quite fragile. The potential opening of shipping lanes in areas frequented by right whales could exacerbate the problem. We expect that those of us in the industry will be asked to confront this issue in the near future.
Enjoy reading these insightful articles. We welcome your feedback.
Thank you,
Skip Vaccarello |
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Jim Sigafoose |
Ocean Currents
by Jim Sigafoose
The application of ocean currents in assessing vessel performance is an issue that has received inconsistent treatment in past London arbitration cases. There have been widely varying comments such as the following:
Held, that the effect of currents should not be included in the charter party warranty. The parties made no mention of currents in the definition of "good weather" by which the vessel's performance was to be adjudged, no doubt reflecting the fact that the effect of currents on performance was an imperfect science. (LMLN 648)
The tribunal did not accept that for currents to be taken into consideration, clear terms had to be expressed in the charter party. Ocean currents were a fact of life and should be taken into account in the normal course of events. Where currents were adverse, a vessel's performance should be credited. Where, as in the present case, the current was positive, the vessel's speed should be debited so as to arrive at an accurate assessment of her performance. (LMLN 670).… read more > |
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by Rich Brown |
Right Whales Found Near Greenland: Detected by Listening Devices
by Rich Brown
At least three endangered North Atlantic right whales have been identified by acoustical listening devices at Cape Farewell Ground off the southern coast of Greenland. This is an area where the species was thought to be extinct. Findings were presented on May 20, 2009 at a meeting of the Acoustical Society of America in Portland, Oregon. The discovery is particularly important, researchers say, because this is in an area that may be more heavily trafficked by commercial vessels if sea ice continues to melt in the Arctic and North Atlantic. At present, dozens of vessels per month navigate Cape Farewell Ground using AWT routing services or software.
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Scientist Matt Fowler, member of the OSU team, deploys hydrophone to detect whale vocalizations. (Photo courtesy of Dave Mellinger, OSU) |
David Mellinger, Assistant Professor of Bioacoustics at Oregon State University (OSU), led the research team on board an Icelandic Coast Guard vessel. His group recorded over 2000 whale vocalizations over a 17-day period in 2007. According to Mellinger, three is the minimum number of verified right whales. The number could be as high as 17.
Mellinger added, “The technology has enabled us to identify an important unstudied habitat for endangered right whales and raises the possibility that – contrary to general belief – a remnant of a central or eastern Atlantic stock of right whales still exists and might be viable.” … read more > |
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AWT (www.awtworldwide.com) is the leading provider of fleet optimization services, ship routing services and onboard voyage management software to ship owners, operators and charterers seeking the safest and most efficient routes for their fleets. Unlike companies that provide weather services for multiple industries, or companies which only offer onboard weather software, AWT is staffed by world-renown experts in ship routing, meteorology, IT, maritime science and former mariners who are focused solely on the maritime industry. Using the most sophisticated technology available, AWT routes more ships per month than any other company. Its superior customer service and integrity have made AWT the most trusted fleet optimization provider in the maritime industry. Founded in 1996, AWT is privately held and headquartered in Sunnyvale, California with worldwide offices located in the UK, Hong Kong, Shanghai, Korea, Germany, New York, and New Jersey. More information is available at www.awtworldwide.com or by calling 1-408-731-8600. |
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