Marittimi. RaetsMarine.com. Protecting against unjustified shortage claims on shipment of dry bulk cargoes

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1 RaetsMarine.com 10 Protecting against unjustified shortage claims on shipment of dry bulk cargoes The ITALIAN MARKET EVENTS 2014 A notorious type of claim from the owner s perspective Key facts at a glance RaetsMarine Dinner for Italian Brokers Paris Happy Hours on the Terrace Sail Harlingen Grendi Trasporti Marittimi Meet one of Europe s most remarkable logistics firms

2 01 RaetsMarine Magazine ISSUE 10 Cover: Mrs. Constanza Musso, Mr. Antonio Musso and Mr. Eugenio Musso, Grendi Trasporti Marittimi CONTACT INFORMATION Rotterdam Office (Head Office) RaetsMarine Insurance B.V. Postal Address: P.O. Box 8910, 3009 AX ROTTERDAM, The Netherlands Visiting Address: Fascinatio Boulevard 622, 2909 VA CAPELLE A/D IJSSEL, The Netherlands Telephone: Fax: Paris Office RaetsMarine France Sarl 83, boulevard du Montparnasse, Paris, France Telephone: Fax: Paris@RaetsMarine.com Singapore Office RaetsAsia P&I Services Pte Ltd 78 Shengton Way #29-01, , Singapore Telephone: Fax: Office@RaetsAsia.com London Office RaetsMarine Insurance BV (UK Branch Office) Suite Lime Street, London EC3M 7AT United Kingdom Telephone: Fax: London@RaetsMarine.com

3 CONTENT a Message from our managing director 03 COLUMN By Peter Haagen, Director Client Relations RaetsMarine 31 Protecting against unjustified shortage claims on shipment of dry bulk cargoes 05 SALUTE! RaetsMarine Dinner for Italian brokers 34 A notorious type of claim from the owner s perspective THE LONDON OFFICE 11 EVENTS CALENDAR A selection of the global maritime events 35 The ITALIAN MARKET 17 Happy Hours on the Terrace 40 Key facts at a glance Nibbles and bubbles in Paris Still going Strong after all these years Meet one of Europe s most remarkable logistics firms, Grendi Trasporti Marittimi 21 SAIL HARLINGEN 41 MEET OUR PEOPLE 25

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5 RaetsMarine.com A message from our Managing Director Dear Readers, We are very pleased to be able to send you this, the tenth edition of RaetsMarine Magazine. The feedback we have received since we began publication in 2011 has been very encouraging it seems to be much appreciated. Please continue providing us with suggestions and ideas, and let us know what you d like us to cover in the future. It is now just over a year since we joined the Amlin Group, and our membership is now clearly starting to pay off. While many of our competitors in the fixed-premium market operate as underwriting agents, we now have the additional benefit of being an insurer. This has greatly strengthened our proposition, and we continue to work on creating crossselling opportunities within the Group with the sole aim of better serving our clients. We had an excellent first quarter, with especially strong support during the February 20th renewal. Most of our clients renewed with us, and we were also very pleased to welcome many new clients. These results were particularly gratifying because we achieved them against the background of a market which has seen quite a number of new entrants, all of whom are obviously trying to gain a share of the market. We believe in a strong fixed-premium market, and see many opportunities for growing our business. Strong risk management will be the key for the future, and our team of 120 professionals is well equipped to provide it. We would like to thank all our clients and brokers for their continued support. In return, we will keep working hard to exceed your expectations. In this tenth anniversary edition of our magazine, we turn the spotlight on La Bella Italia. In particular, I hope you will enjoy reading an interview with one of our Italian clients, Grendi Trasporti Marititimi a company with a truly unique history! We look back on an enjoyable dinner with our Italian brokers In Genoa. In addition, there is an overview of the Italian market. There is an article on the activities of our London branch, and you will get to know our six dedicated underwriters there. We also introduce two new members of our claims team: Jenny Delaissé and Lucy Manchester. We discuss some ways of avoiding unjustified shortage claims. Finally, we report on our two Paris Terrace Cocktail parties. I hope you will enjoy reading this edition of RaetsMarine Magazine. Best regards, Folkert Strengholt Managing Director

6 05 Protecting against unjustified shortage claims on shipment of dry bulk cargoes In the previous issue of RaetsMarine Magazine, we dealt with a charterparty (c/p) dispute mainly from the charterer s point of view. In this issue, we look at a notorious type of claim from the owner s perspective. Bulk cargo shortage claims are a headache for all shipowners transporting bulk cargoes around the globe. And since cargo claims are one of the key heads of cover in P&I, our claims department regularly finds itself dealing with such claims. The frustrating part of handling these claims is that there is absolutely no doubt that all cargo loaded is duly carried by our shipowners to the port of discharge, where it is delivered to charterers /receivers stevedores in the same quantity as loaded. (At least, we have never in our P&I history encountered an owner who consumed his bulk cargo en route!). But despite this, we see that, in a considerable number of jurisdictions in North and West Africa, for instance, but also in Italy shortage claims are occurring on nearly every vessel calling to discharge a bulk cargo. Below, we will first briefly describe how shortage claims are being made in jurisdictions where our claims department has to deal with a lot of such claims. We will then consider some important steps that owners can take to reduce the risk of having to deal with shortage claims. Finally, we will highlight a case whereby RaetsMarine has successfully taken recourse on charterers for a shortage claim. Pattern of shortage claims in notorious jurisdictions Very often, when grain products are shipped to these jurisdictions, the consignees under the Bill of Lading (B/L) are state receivers. A review of the claims in our office reveals a clear pattern in the way these receivers take receipt of their cargoes. First, a precautionary claim is raised on each call, generally before discharge and sometimes even before arrival of the vessel. Then, on the basis of this precautionary shortage claim, the receiver requests a guarantee. The receiver applies to the court for arrest of the vessel. If shore scales show that there is a shortage, the arrest can be avoided if you provide a bank guarantee or a temporary Letter of Undertaking (LOU) from the local P&I correspondents, to be replaced by a bank guarantee within a number of days (generally ten). In subsequent negotiations on these shortage claims, the receiver refuses to apply the internationally recognized trade allowance of 0.5% of the B/L weight (for grain cargoes) despite the fact that the local law incorporates a trade allowance. If you try to get the courts to recognise the trade allowance, the judge (in our experience) is likely to decide against the carrier.

7 Steps owners can take to reduce the risk of having to deal with shortage claims The question is then: What can owners do to reduce their exposure to shortage claims? Obviously, avoiding such a claim is directly beneficial to the owners and the Insurer alike, as all the shortage claims will involve payment of at least the deductible. We list below five steps that can be taken. 1. Make accurate draft surveys. It is very important to make a very good draft survey, both in the load port and in the discharge port. It would take us beyond the scope of this article to address the practice of making draft surveys, but we would emphasise that these surveys must be made with the utmost accuracy. It has been established that the accuracy of a draft survey is generally around 0.5% of the weight loaded. So if the shippers want to issue bills of lading with figures that are over 0.5% higher than the ship s draft survey, the master should inform his owners and P&I Club. 2. In jurisdictions where this is possible, appoint a court surveyor. Our experience (especially in Tunisia) is that court surveyors collect all possible information (e.g., draft surveys in the load and discharge ports and any sealing and unsealing certificates), and when this evidence is presented to the courts, they are inclined to allow it as evidence on the side of the owners as to the quantity of cargo discharged. In general, of course, the evidence may also serve as a tool in out-of-court negotiations with claimants. 3. Make a note in the Bill of Lading if there are any doubts about the quantity loaded. If shippers want to have their shore figures inserted into the bills of lading, and these figures are more than 0.5% higher than the master s draft survey figures, the master should try to have the Bill of Lading claused with a handwritten remark as follows: Weight, measure, marks, numbers, quality, contents and value unknown. (Note that the standard pre-printed words are not recognised in most jurisdictions.) If possible, also insert the ship s figures as obtained from the draft survey. As we will see later in this article, if owners make it clear that the B/L figures are shore figures and that the owners do not agree with these, then, if a shortage results from wrongfully high shore figures supplied by the shippers, the owners may be entitled to an indemnity from the shippers, as provided by Article III rule 5 of the Hague-Visby Rules (if these apply to the B/L contract).

8 07 4. Bs/L issued by agents What to do? Charterparties often contain clauses which stipulate that the Bills of Lading are to be issued and signed by the local agents (who may be agents acting for the charterers). In such cases, it is important that owners ensure that the following steps are taken: a. Make sure that the Master s Letter of Authority to the agents specifically states that the Bills of Lading are to be signed strictly in accordance with the Mate s receipts; and b. Check that the Mate s receipts are properly worded, and where appropriate contain the ship s figures as calculated by the ship s draft survey. 5. Try to agree clauses in the charterparty which limit exposure to shortage claims. Although we fully realise that the possibility of agreeing such clauses depends on market circumstances and the bargaining position of the owners vis-à-vis their charterers, these clauses can be very helpful in limiting the losses arising from shortage claims. An example of a simple and efficient clause is the following: Cargo shortage to be determined on the basis of draft survey both ends with trade allowance to apply. In order to try and have these clauses also apply towards third-party bill of lading holders, we recommend inserting a remark in the body on the front page of the bill of lading stating that All terms and conditions of the charterparty dated.., including the law and arbitration clause, to be incorporated in this Bill of Lading. If, in exotic jurisdictions, the clause cannot be upheld against third-party bill of lading holders, the owners can at least try and seek recourse on the charterers under the charterparty. We will consider this point in further detail in the following topic.

9 Taking recourse on voyagecharterers for shortage claims which owners settled under the Bill of Lading One of our clients concluded a voyage-charterparty with Russian charterers, containing the following clauses: Fixture recap: 1. B/L cargo weight to be ascertained by shore scale. Said to weigh remark not allowed. 2. B/L as per shore scale, owners to have the right to conduct draft survey. In case difference between draft survey and shore scale more than 0.5% of total quantity, then charterers to be responsible and to indemnify owners of any possible shortage claims at discharge. 3. Master is to observe draft survey and sign draft survey reports at both ends, if required, (a) Clause 2 above provides for an express indemnity in favour of the owners when the cargo quantity established by shore scale and that determined by draft survey differ from one another by more than 0.5% of the total quantity. In the discharge port, the shortage ascertained by the shore scale was mt (about 1.35% of the B/L weight) whereas the draft survey established a shortage of only 30 mt (about 0.06%) of the B/L weight. We argued that since the discrepancy between the two measurements exceeded 0.5% of the total quantity, owners were entitled to rely on the express indemnity, and charterers were therefore responsible for the shortage and obliged to indemnify the owners. (b) We further asserted that the holds were sealed at the loading port and the seals were found intact upon vessel s arrival at the discharge port, evidencing that the quantity loaded actually arrived at the port of discharge. In accordance with clause 4, owners were therefore not liable for claims relating to the quantity of cargo. 4. After completion of loading, the cargo holds hatch covers to be sealed by independent surveyor. The intact seals witnessed at discharge port to be considered as no claims to owners as far as cargo amount is concerned. All costs for sealing/unsealing of hatch covers to be for charterer s account and time not to count as laytime or time on demurrage. Charterers Proforma: Clause 5. Loading and discharging Cargo shall be discharged at the risk and expense of Shippers/Charterers at the average rate of... (c) Under clause 5 of the charterer s proforma c/p, the discharge operations were performed at the risk and expense of the charterers. We argued that since the holds were sealed at the load port and the seals were found intact on arrival at the discharge port, all the cargo that was loaded arrived at the discharge port and must have been discharged by the charterers /receivers stevedores. The shortage could therefore only have arisen between the time the cargo was discharged and the time it was weighed. Since the charterers were responsible for the cargo during this period, they are to be liable for the shortages occurring during this period. Owners arguments The owners/raetsmarine settled the cargo shortage with claimants and then claimed for an indemnity from the voyage-charterers, arguing that, on the basis of the abovementioned clauses, it is the charterers who are liable for the shortage claim. We put forward the following arguments: (d) As a final argument, we pointed out that the charterers were also the shippers of the cargo under the Congen 1994 B/L which was issued for this shipment. This B/L incorporates a general clause paramount, making the Hague-Visby Rules (HVR) applicable to the B/L. Under Article III rule 5 of the HVR, the shippers guarantee their

10 09 statements as to the quantity/weight towards the carrier and shall indemnify the carrier for all losses, damages, expenses arising from inaccuracies from such particulars. Since the B/L figures at load port were based on shore measurements provided by the shippers and the outturn figures at the discharge port were also based on shore measurements, the owners are entitled to an indemnity from the shippers under Article III rule 5 HVR, as the vessel arrived with intact seals at the discharge port, but in spite of this was confronted with a shortage claim. Charterers arguments The main arguments put forward by the charterers were as follows: (a) The charterers position was that in fact the entire B/L quantity was discharged and that the receiver s claim was fabricated. The charterers denied liability for the shortage claim. (b) They argued that clause 2 above only applied at the load port and not at the discharge port, where the charterers are not able to manage the shore measurements. Since the difference between the shore figures at load port and the draft survey at load port was below 0.5%, the charterers are not liable for the shortage that occurred at the discharge port. (c) The Charterers stated that there was no reason for the owners to settle the fabricated claim (as owners could prove that the seals were intact and thus the loss did not occur during the period of carriage) and that therefore the owners paid the claim at their own risk and that owners should recover the sums paid from the consignees on the basis of unjust enrichment. Decision of the Arbitrator The arbitrator began by saying that, from his experience as a chartered shipbroker, he was aware that the defence of cargo shortage claims advanced by government agencies generally stood little chance of success, and that such claims were almost always accompanied by a threat of arrest with consequent delay of the vessel involved. He then found that clause 2, when given its natural meaning, applies to events occurring at the port of loading as well as those occurring at the port of discharge. There is nothing in the clause that restricts its application to the port of loading alone. The arbitrator therefore agreed with the owners that, since the draft survey figures differed from those of the shore scale by significantly more than 0.5% of the total quantity, the charterers were responsible and were obliged to indemnify the owners for the shortage claim made against the owners at the port of discharge. The arbitrator also agreed with the owners that, since the holds were sealed at the port of loading and the seals were found intact at the port of discharge, the owners were entitled to benefit from the express provision agreed in the c/p under clause 4, stating that owners were exempted from any claims as far as the cargo quantity is concerned. Although the owners were already entitled to be indemnified by the charterers on the basis of the terms of the c/p, the arbitrator confirmed that the owners might also have been able to advance an indemnity claim against the shippers on the basis of Article III rule 5 of the HVR. Final comments The result of this arbitration was favourable to owners, and it confirms that it can be effective to agree special clauses in the charterparty that shift the risk of fabricated or paper shortage claims to the charterers. Although we do not think these receivers are likely to change the way they work anytime soon, we do hope that, by being aware of the steps that can be taken, as outlined above, owners will be able to reduce the number of cases where receivers are able to walk away with money for shortages when in fact they received all the cargo that was loaded.

11 RaetsMarine.com SAVe the date T H U R S D A Y 04 SEPTEMBER 2014

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13 The London office Since 2007, RaetsMarine has been established in the marine insurance capital of the world: London. In these seven years, it has proven that being present in London adds value to the already impressive level of service we offer. Every day, underwriters are out and about in the market, seeing and talking to brokers, and being available to answer any questions or queries they may have. The team in London now consists of six highly motivated underwriters, who service the London market.

14 13 The RaetsMarine London team knows more than anyone that just being present in London is not enough to convince brokers and clients to make use of our services. That is why they are constantly out and about selling the RaetsMarine philosophy such as trying to understand the client s needs and wishes and translating these into tailor-made insurance solutions. At the same time, RaetsMarine is perfectly equipped to service the needs in the London market. RaetsMarine s code of conduct includes 24-hour deadline communication. This means that we are able to answer any query swiftly and accurate. Time after time, this has proven to be a valuable tool for the brokers in London, enabling them to provide their producing brokers with swift, detailed and competitive answers, making it a great sales tool from which each party benefits. In this article, we introduce you to RaetsMarine s dedicated team of London underwriters, who are working together with London-based brokers in what is a continuing success story. Each member of the team shares their thoughts on their individual role, and how RaetsMarine as a whole fits into the London marine insurance market.

15 The RaetsMarine London team Constantly out and about selling the RaetsMarine philosophy London office employees Hugo Hoogendoorn Senior Underwriter, Charterers Liability Hugo started working for RaetsMarine in Rotterdam in October In October 2009, he moved to London to change the branch into a fully operational underwriting office. Before joining RaetsMarine, Hugo held a number of positions in shipping, freight-forwarding and logistics. existing customers, many of whom he only recently met for the first time. Why RaetsMarine? RaetsMarine, says James, gives him a great chance to expand his knowledge of the shipping sector as a whole as well as a step up in responsibility. I also felt that it would give me much broader exposure to brokers in the London market. Previously James had dealt mainly with brokers in Italy, Greece and the Middle East. Role: Hugo is responsible for the development of the Charterers Liability Book in the UK, the Middle East and the Indian subcontinent. James Gargrave Underwriter, Charterers Liability Before joining RaetsMarine in December 2013, James had previously worked for three-and-a-half years as an Underwriting Assistant and as a Deputy Underwriter for an International Group Club. Role: James is responsible for handling renewals and new quotations, as well as managing existing accounts. He works on improving relations with various brokers he had served in the past, as well as maintaining contact with RaetsMarine s Rhys Richards Underwriter Shipowners P&I Rhys has a Bachelor s degree in Geography from the University of Southampton. Before joining RaetsMarine in February 2011, Rhys worked for Lloyd s of London. Rhys was eager to find a career involving face-to-face contact and building relationships. Role: Rhys s focus is on the London brokers: building relationships, promoting RaetsMarine, assessing and quoting on the risks presented, and managing accounts. As one of the younger members of the Shipowners P&I team, Rhys tends to focus on his peers within the market.

16 15 Why RaetsMarine? Rhys found that, within the market, RaetsMarine was an ambitious, growing company with a welcoming feel. It was clear to me that there would be great career opportunities for me in this company which has turned out to be true. Brodie Godfrey Assistant Underwriter Brodie joined RaetsMarine in October Before that, Brodie worked as a library assistant. Garry Martin Underwriter Shipowners P&I Garry has been in his present role since August He has worked for more than 30 years in the London insurance industry, in roles as diverse as Cargo Underwriter, P&I Underwriter, P&I Broker, Insurance Manager at a large container vessel operator and Liabilities. Role: As individual underwriters, we all have our own brokers, says Garry. We support and work with them on a daily basis, but in reality we work very much together as a team. Role: Brodie focuses on the administrative processes within the London Office, assisting both Shipowners and Charterers Liability underwriters to carry out effective customer relationship management and maintain quality data. Why RaetsMarine? Because RaetsMarine combines the personal nature of the London market with the international feel of marine insurance, says Brodie. It s a dynamic company with global offices and a workforce of many nationalities, one that places importance on building client relations and providing excellent customer service. Why RaetsMarine? Garry has known RaetsMarine for more than 20 years. I can well remember, says Garry, the refreshing Can do attitude of the underwriters I met at the fledgling company when they first introduced themselves to the London brokers all those years ago. David Osborne Underwriter Shipowners P&I David has had more than 25 years of experience in the maritime insurance industry in London. Prior to joining RaetsMarine in October 2011, he was with an International Group Club for 18 years. Role: David s role is to source profitable Shipowners business from UK and Middle East brokers. Why RaetsMarine? An interesting challenge outside the Group Clubs market, says David. The position of the London office What differentiates RaetsMarine London from the competition? Hugo: What sets us apart from the rest is the fact that we offer full service on fixed cost basis. RaetsMarine will review any risk presented to us and we re backed by one of the largest marine insurers in the world: Amlin. The synergies between RaetsMarine and Amlin will enable us to further increase service levels and further outperform our clients expectations. David: Our London office has a small, friendly environment which is open to brokers at any time. Rhys Richards emphasizes: Our attention on helping brokers pays dividends in the market. Whether it s discussing an issue face-to-face with brokers, being flexible on a problem, or thinking outside the box in order to find a solution, our dedication to assist assureds and brokers is appreciated and valuable. James concludes: All of this helps to cement RaetsMarine London as one of the first ports of call in the fixed premium market.

17 What is the advantage of the London office? David says: The local presence in London is essential for the personal contact with brokers and relations. The London market has a lot of potential business and it s our job to exploit it! Being able to meet brokers on a personal level at almost any time is priceless, adds Rhys. There are always opportunities to meet new brokers and relations in the market. Hugo says: Having an office in London creates more credibility with certain overseas markets around the world, because they still view London as the hub for marine insurance expertise. Where do you see future opportunities for RaetsMarine London? And why? Brodie: The success of the expansion of the London office from 2 to 6 people in two and a half years shows that we have the stability and also demand to support and fuel further growth. Also with the support of Amlin we will hopefully be able to facilitate an even wider scope of business. According to Hugo London is a good testing-ground for new products and receiving market response on what we do around the world. David: The London market is ever evolving, with new brokers and opportunities arising on a regular basis. Our London office is open to brokers at any time: Suite Lime Street, London EC3M 7AT Telephone: London@RaetsMarine.com

18 17 The Italian Market Key facts at a glance Population million Monetary unit Euro Major language Italian Labour force million Politics Italy is governed by a parliamentary republic, with a president as the head of state, and a prime minister. Industries The country is well known for its influential and innovative business economic sector and an industrious and competitive agricultural sector: most notably, Italy is the Economy In 2012, it was the ninth-largest economy in the world and the fifth-largest in Europe in terms of nominal GDP (Gross world s largest producer of wine. Italy is also famous for its creative and high-quality automobiles, industrial appliances and fashion design. Domestic Product). The country is the tenth-largest economy in the world and the fourth-largest in Europe in terms of PPP (Purchasing Power Parity). Exports Machinery and transport equipment: 34% Chemicals and related products: 11% 20,000,000 Food, drinks and tobacco: 7% 15,000,000 Mineral fuels, lubricants and related materials 5% 10,000,000 5,000,000 0 (Millions of US$) GDP 2012 USA China Japan Germany France United Kingdom Brazil Russia Italy India Imports Machinery and transport equipment: 25% Mineral fuels, lubricants and related materials: 19% Chemicals and related products: 13% Food, drinks and tobacco: 8%

19 Geography Italy is a peninsula in Southern Europe with two large islands: Sicily and Sardinia. The country has a strategic location dominating the central Mediterranean and southern sea and air approaches to Western Europe. Pantheon, Rome

20 19 Italy as a maritime country Italy is a maritime country located at the centre of the Mediterranean basin. The country has a thriving shipping sector and various ports along its lengthy coastline. Around 19% of international maritime traffic passes through the Mediterranean. The maritime sector has been growing constantly since 2005, despite the economic crisis in the euro zone and the political instability in Italy. The short sea shipping segment sees Italy, with a market share of 37%, as the absolute leader in southern Europe in the Mediterranean. One third of Italy s foreign trade (230 billion Euros worth) takes place via sea, with some 10 million containers transiting through Italian ports over the past year. Northern European ports, like Rotterdam, Antwerp and Hamburg, are market leaders in international commercial shipping in Europe. Italy maintains its position, as the countries in Southern Europe grow. Italy can benefit from the development of eastern Mediterranean ports and the new infrastructure in North African countries. Coastline and ports The total length of the Italian coastline is 7,601 km (4,723 miles), and borders the Ligurian, Tyrrhenian, Mediterranean, Ionian and Adriatic seas. Genoa is the country s largest port and the second largest on the Mediterranean. There are 35 smaller ports, mostly used for coastal shipping. These include Ravenna, Bari, Cagliari, Catania, Gaeta, La Spezia, Savona, Ancona, Palermo and Taranto. A total of 447 million tonnes of goods passed through Italian ports in The Italian maritime cluster The Italian maritime cluster has 215,000 direct employees plus 265,000 upstream. Total: 40 billion (2.6% of GDP) Shipping: 10.6 billion Ports, logistics and service: 6.7 billion Nautical and cruise tourism: 6 billion Institutional activities*: 4.7 billion Shipbuilding: 4.5 billion Fishing: 4.5 billion Yachting: 3 billion Merchant navy The merchant fleet comprises 681 vessels, including 164 chemical tankers, 154 passenger/cargo vessels, 105 bulk carriers, and 69 ro-ro ferries/vehicle carriers, 59 petroleum tankers and 42 cargo vessels. The country s coastline has numerous ports, varying in size and facilities. There are six major seaports: Genoa Palermo Venice Trieste Naples Livorno The fleet has an overall average age of 13 years, making it one of the most modern fleets in the world. About two-thirds of the Italian fleet is less than 10 years old. Nearly half the vessels were built during the past five years. Around 96% of the national fleet is owned by private shipowners. Italy has some 70 shipping lines. The Italian classification society, RINA (Registro Italiano Navale), is involved in the classification and certification of over 70% of the Italian fleet and some 70 other flag administrations. (*Includes Navy, Coast Guard, Port Authorities, etc.)

21 The Port of Genoa, Italy s largest port. Insurance market Marine Cargo 36.1% Marine hull 51.9% Marine Hull The premium income for the marine hull sector in 2011 was 314.8m, representing 51.9% of the total marine and aviation premiums in Italy. Marine cargo The premium income for marine cargo in 2011 was 219m, representing 36.1% of total marine and aviation income in Italy. Problems with immigrants in Sicily In recent years, Italy has attracted immigrants from both Africa and Eastern Europe. Their numbers, and the increasing numbers of immigrants from Africa lost at sea while trying to reach the Italian coast (especially the outlying island of Lampedusa), have prompted the government to consider reviewing its immigration policies. Italy has asked the EU for help in guarding its external borders. The number of immigrants from Africa in 2014 has already reached 22,000 an enormous increase. The leading broker in the Italian P&I market is P.L. Ferrari. Italy and Greece lead in maritime passenger transport in Europe The number of seaborne passengers transported to or from the main ports of Italy fell by 8.2% to about 38m passengers in 2012, while the volume of seaborne passenger transport with Greek ports fell by 8.6% to about 36m passengers in Tourism Italy is one of the most popular tourist destinations in the world. With its many famous cities, beautiful countryside and historical buildings, Italy is the fourth most visited country in the world. Sources Central Intelligence Agency World Fact Book: Axco Insurance Information Services: Permanent Observatory on the Maritime Economy SRM:

22 21 Still going Strong after all these years Meet one of Europe s most remarkable logistics firms How many companies today can boast a history that goes back to the early eighteen-hundreds? And how many of those can say they are still run by the same family? Grendi Trasporti Marittimi must surely be unique in being able to put their hands up to both questions. Today, they are one of the major logistics firms in Italy, providing container-based doorto-door service in the Sardinia/Northern Italy area. We asked the company s managing director, Antonio Musso, to take us back into the past and then take a look into the future to give us a feel of this remarkable firm.

23 Tell us about Grendi. When was it founded and how has it developed over the years? We go back a long way! The Grendi Group was founded in Genoa in Now, with 190 years of history behind us, we re one of the oldest logistics operators in Italy. We re a family business, and at the moment the sixth generation is managing the company. We started out as a shipping agency and as freight forwarders, and for many years that remained our core business. Then, in 1936, the firm began to focus more on Sardinia, where we d opened an office. Before long, we became one of the main logistic providers of the island, owning several terminals and warehouses in the area. Gradually, between the 1960s and 1990s, we decided to specialise in two fields. The family developed the shipowning business under the Tarros brand (that was in 1963), while the rest of the company continued under the Grendi name as one of Italy s primary logistics providers. The first vessels were the MV VENTO DEL GOLFO and MV VENTO DI LEVANTE. In 1967, they were the very first containerships in service in the Mediterranean. Each vessel had a capacity of 31 TEU! The vessels were also used to provide a liner service between Genoa and Cagliari (Sardinia). In the 1970s, the Group invested in the port of La Spezia to develop its ship-owning business in the wider Mediterranean area. We terminated the ship-owning activity in 2003, however, and the Grendi group now focuses on the logistics business, using two vessels on time-charter: Ark Futura (Ro-Ro, built ,725 GT) and Stena Carrier (Ro-Ro, built ,171 GT). Source:

24 23 What is Grendi s core business today? Today, using our two vessels on time-charter, we focus primarily on supplying a fully integrated logistics service in Sardinia, plus a liner service (four round trips per week) between Vado Ligure (on the Italian mainland) and Cagliari. We are actually the only freight-forwarding company specializing in door-to-door forwarding to Sardinia. We control and manage every phase of the process, from groupage to full container loads, using our own ships, terminals, containers, lorries and warehouses. What is your role at Grendi? When did you join the company and what do you like about working at Grendi? I am now Managing Director of Grendi, and I started working at the company in As I said, this is a family firm, and I represent the sixth generation of the Musso family. My father Bruno, is President of the company, my sister Constanza is Commercial Director, and my brother Eugenio is in charge of External Relations. Are there any key success factors you d like to share? I would say a key element for us is our capacity to offer tailormade services, together with a high level of specialization within a niche market. Our mixed experience of ship-owning, logistics and freight forwarding, as well as our cultural fit with all these areas gives us an in-depth understanding and oversight of the value chain. What are the ambitions for Grendi in the coming years? We plan to continue growing our logistics core business in Sardinia, and beyond that we re looking to expand into the Mediterranean area. With this in mind, in the port at Cagliari, for instance, we ve invested in a new, 10,000m2 warehouse located very close to the quay. We ve also developed a new pallet-compatible 24.5 ft container (7.40m) to UECI standard (European Intermodal Loading Unit). Ordinary containers are not compatible with palletized goods, but with our new, compatible container we ll be able to standardize domestic truck carriage with a maritime leg. We hope that it will be used more and more in the near future.

25 We may also consider re-entering the ship-owning business, and we re monitoring any opportunities which that market may bring in the near future. What are your thoughts about the shipping industry in Italy? What are the challenges? Certainly, the logistics business in Italy is too strictly regulated, and there s sometimes no uniformity in how the rules are applied. This can create issues with smaller players, whose way of operating is different from ours. And risk management how do you deal with that? Grupo Grendi Terminal Cagliari Managing risk is clearly a very important part of our business, and we therefore want to have full control over the value chain. That s why we have two people dedicated to managing our risks. And, of course, we can always call on the support of our broker, P.L. Ferrari, when needed. P.L. Ferrari is one of the leading P&I specialist brokers in the world. Grendi and RaetsMarine have worked together for many years. How would you describe our relationship? We are insured with RaetsMarine through the P&I brokers, P.L. Ferrari. We consider our relationship to be one of teamwork between RaetsMarine, P.L. Ferrari and Grendi. We particularly appreciate RaetsMarine s capacity to adapt its insurance solutions to our needs and to take future changes into account. Finally, how can an insurer add value to the business of a charterer like Grendi? That added value is definitely flexibility, and the capacity to offer tailor-made solutions that fit in with the continuously changing logistics and shipping environment. We also appreciate RaetsMarine s pragmatic and commercial approach if any issues arise. Both Grendi and P.L. Ferrari recognize the capacity of RaetsMarine to offer a complete spectrum of P&I products. Grendi Trasporti Marittimi Subsidiary of the Grendi Group Head Office: Sales Office: Terminals: Vessels: Passenger services: Genoa Milan No. of employees: 100 No. of associates: 300 Vado Ligure (Liguria), 50,000 m 2 Cagliari (Sardinia), 40,000 m 2 Sassari (Sardinia) Ark Futura (Ro-Ro, built ,725 GT) Stena Carrier (Ro-Ro, built ,171 GT) 4x a week Website:

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27 Meet our people In each issue, we like to introduce you to one or more of the people behind RaetsMarine and who make the company what it is. This time, we talk to two members who have joined us within the past year Jenny Delaissé, who joined our claims handling team in Rotterdam last October, and Lucy Manchester, who joined our Paris team in November.

28 27 Jenny Delaissé Claims handler, Rotterdam Jenny has international travel and culture in her genes, so it s not surprising she quickly found her way into the maritime world. Originally from Belgium, Jenny grew up with French as her mother tongue, but had most of her education in Dutch. In my genes I ve always felt very international, and have many close friends around the world. I love travelling and discovering cultural habits from other regions and countries. I m used to work and to study in different languages. This mix of cultures and languages is part of my personality. I don t want to limit myself to one country or nationality! As part of this affinity with the wider world, Jenny also has a deep interest in the global transport network. This is what connects people from all over the world, allowing everyone to share local products with everybody else. What would the world be like without it? Law and the sea Jenny studied law at various Belgian universities, and also picked up a Master s degree in Maritime Sciences along the way. Not content with that, however, she also went to Wales to study International Maritime Law, at Swansea University. During my legal studies, I came into contact with most of the general areas (tax law, family law, and so on), but what really interested me was the maritime world and its regulations. That s why I went to Swansea to specialise, dealing with topics such as maritime pollution, maritime safety and security, and the liabilities of various parties involved in maritime transport. Jenny Delaissé M: E: J.Delaisse@RaetsMarine.com

29 Find the best solution possible for clients, and help them get out of trouble as unharmed as possible Why RaetsMarine? Jenny was looking for a job involving all these topics. So, when I saw the job description for a post as claims handler at RaetsMarine, I knew it was exactly what I was looking for, she says. I really enjoy this job. It allows me problems. It s a very positive role and it s very challenging. It also has a wider impact, says Jenny, in making it possible for clients to pursue their business. I love the idea that our services, as insurance providers, enable companies big and small to pursue their maritime commercial activities. to further develop my competencies and knowledge in the maritime field, for which I really feel fascination. Furthermore it allows me to combine all my various interests: my love of travel, my multi-lingual background, and my legal expertise all in the most international way possible. The maritime world is inherently international. Challenges everyday I get new challenges every day, says Jenny. This is essential, I think. It s a good sign that we keep on learning daily. This is what keeps it so exciting. We should never think we know it all, because that will never be the case. There s always something new, or a better way of doing things. Teamwork Of course, RaetsMarine has a great reputation and its location in one of the world s biggest port cities makes it even more attractive for young maritime workers, says Jenny. But I was also very enthusiastic about the company for a lot of other reasons. From the very first day, I received my first claims, which I was responsible for. This was fantastic! My first impression was that it is a very nice environment to work in and I was right. The team is great, everyone has a very positive attitude, and there s a lot of energy As a beginner, I get plenty of opportunities to ask questions, and I ve had very valuable guidance from my executives. I really appreciate the time given and the advices I have received. And how does Jenny see her future at RaetsMarine? I aim to develop myself continuously, she says, and my personal experience as claims handler. I d certainly recommend RaetsMarine to other (legal) young professionals seeking work in the maritime sector. This is a very nice working environment. The job is very exciting and the whole team is great to work with. a really strong group, with very varied personalities. Working all together with the common goal of offering clients the best service possible makes me very enthusiastic. Jenny s role at RaetsMarine Jenny is a claims handler. Claims handlers get involved every time there s a dispute or a claim, she explains. Our main task is to find the best solution possible for clients, and help them get out of trouble as unharmed as possible. I love this role as it s our job to be there when things get difficult and to help clients out when they are facing complications or

30 29 I love working with our assureds and their brokers to solve problems as efficiently as possible, both in terms of time and cost Lucy Manchester Claims handler, Paris counterparty. Other matters are more complex and can occupy most of my time for a certain period. One aspect of her role that Lucy finds particularly interesting is liaising Lucy was born and brought up in the UK, in Yorkshire (Northern England) and on the Scottish island of North Uist in the Outer Hebrides. She studied at the University of Cambridge and the College of Law in York before qualifying as a solicitor and working at a boutique shipping law firm in Newcastle. She moved to Paris in 2011, where she lives in the suburb of Saint-Germain-en-Laye with her husband. I enjoy with underwriters in relation to commercial issues, and the opportunity to travel to visit brokers and assureds. I really love shipping law and working with our assureds and their brokers to solve problems as efficiently as possible, both in terms of time and cost. The best feeling for me is when an assured wins a case or settles a claim on the best possible terms. Every day is different! spending time in the great outdoors, playing and watching sport and supporting various charitable organisations. Travel and discovering other cultures and cuisines are also passions of mine. Colleagues The claims team, says Lucy, is full of people who, like me, are passionate about the job we do. We all have slightly different complementary skills and are committed to working Why RaetsMarine? I chose RaetsMarine because I wanted to move out of together to achieve the best results for our assureds. In order to do so, we share knowledge and opinions with one another. private practice but to stay in the maritime sphere. I wished to work for a dynamic and innovative marine insurer with a growing and evolving client-base, says Lucy. It was also important to me that the company I joined was wellestablished and had a good reputation in the market. Throughout my career in private practice at renowned shipping law firms in Newcastle and in Paris, I have specialised in maritime law. I now have around five years experience of resolving shipping and commodities disputes. Coaching and training The collegiate atmosphere at RaetsMarine means that if assistance is required, whether in connection with the administrative aspects of the job or for technical aspects, there s always someone ready and willing to help, says Lucy. We work in small, supportive teams within the claims department, where we re encouraged to discuss our files and any problems we may have. Lucy s role within RaetsMarine As a claims handler at RaetsMarine, Lucy explains, she manages P&I claims and Defence matters as they arise and are notified to the company. Some claims only require the appointment of a surveyor to determine whether any damage has occurred or the drafting of notices to the assured s A new challenge every day Working in maritime law is always challenging, says Lucy. That s one of the reasons I was attracted to this career. Almost every day I see something new or am confronted by different permutations of a familiar situation. It has also

31 been a challenge, says Lucy, to shift her perspective from that of a solicitor in private practice to that of an insurer. Looking ahead I hope I ll continue to be as passionate about my role as I currently am, and that I ll contribute to ensuring that our assureds are very happy with the claims service they receive! I aim to keep learning and striving for excellence. Would she recommend RaetsMarine to other young professionals seeking work? Absolutely! says Lucy. It s a great place to start or develop a career in marine insurance. My colleagues are all experts in their fields and serious about their roles, yet the ambiance is very friendly and open, with lots of social events and interesting development opportunities. Lucy Manchester M: E: L.Manchester@Raetsmarine.com

32 31 That, at least, is what they say. And as part of a company that is growing with the aim of being a leading fixed premium P&I provider, I can hardly quarrel with that. Yet I would like to touch on an area in this column where I believe big is not that beautiful at all. Far from it, in fact. And that is the controversial P3 alliance. For those who haven t yet heard, the three biggest Liner companies, Maersk, MSC and CMA CGM, have been planning to join forces in what they refer to as a Vessel Sharing Agreement (VSA). The debate as to whether this mega-alliance would be a blessing or a curse quickly polarized, and not without reason. Over the past weeks, with the dust having settled somewhat, the industry has been anxiously waiting for the anticompetition authorities to reach their respective verdicts. The US authorities were first to give their blessing, subject to periodical review. But both the European Commission and the anti-trust authorities in China and South Korea have been more hesitant, and the P3 lobbyists were having to devote a lot of attention to the latter, as those in the Far East were inclined to view the alliance as a merger rather than a Vessel Sharing Agreement, as P3 was presenting it.

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34 33 There is certainly some merit in the idea of this alliance amounting to a merger rather than a simple VSA, in view of the fact that the parties were planning to open a joint office in London employing some 200 people full-time. They said it would focus on operating issues only, stressing that there would be no exchange on tariffs or other commercial information. Of course, no-one in the industry buys this, and probably rightly so. But that is what the IG has been pleading to the EU as well. Apparently it worked, because, after lengthy deliberations, the EU decided not object either which came as something of a surprise, because quite recently the EU had raised further queries. It then initially seemed as if the authorities in the Far East were not inclined to be the only ones to object, even though they had difficulty with the dominance of the alliance in the Far East (controlling more than 40% of the market). But at the end of the day, they did decide to block it, and Maersk has now announced that the P3 alliance is off. Regardless of this outcome, however, what I missed in this discussion of the P3 alliance was the future of the rest of the shipping world. If the alliance had gone ahead, it would have been sure to commission further mega tonnage. And this would inevitably have meant that other Lines, not part of the alliance, like the G6, would have had to join forces and follow suit. The G6 alliance comprises Hapag-Lloyd, NYK Line, OOCL, Hyundai Merchant Marine, APL and Mitsui OSK Line. In other words, there would be lots of capacity available, and the key question would be, How would it all be employed? Shipping at large is still recovering from the crisis, which among other things revealed structural overcapacity. That problem has not yet been solved, so the influx of relatively young surplus container vessels would undoubtedly create turmoil in a market that is just in the first stages of recovery. I am not a specialist, but I have little doubt that one of the areas the Lines will want to employ their surplus tonnage will be in the feeder business, setting there, too, a new standard, since the same economies of scale which justify the new building of mega carriers will probably apply there as well. At the same time, it could also well be attractive to utilize this surplus tonnage to reinforce the ongoing battle for market share in shipping segments where specialist carriers so far have been able to withstand the pressure from the Lines. If the Lines are prepared to undercut the market even more than they have done in the recent past a weapon they will not hesitate to use again, I believe then they will certainly convince more and more shippers to make the move. In the short run, individual shippers may be happy, but if competition disappears, rates will take a hike again, and by that time there will be no alternatives left. What is more, the service industry (terminals, agencies and the like), if not already controlled by the Lines, will slowly but surely disappear as well. I realize I am painting a very negative picture, and I sincerely hope I am wrong. But I fear this is the destiny of quite a number of small to midsize players if we allow these mega consortia to control the future of shipping. Luckily, China has now prevented such a doom scenario from becoming reality at least for the time being. I say that, because although the P3 alliance has been called off for now, it will undoubtedly emerge again in some form in the foreseeable future. Don t get me wrong: I am not blaming the Lines. They are simply making good use of the possibilities available to them. My criticism lies with the politicians and rule-makers. Somehow, I have still have this faint hope that it is perhaps not too late, and that they too will realize that, while big is beautiful, too big is very unhealthy. But of course, that is just wishful thinking. And we know this because it is not long ago that we also put our hopes in the politicians when the EU anti-trust authorities probed the IG. But to our surprise they allowed the IG to continue to abuse its Release Call system to hamper free competition. So it would appear there is little hope for the small to midsize players if they are looking to the rule-makers to create a level playing field. On a positive note, we strongly believe that there will always be a market for specialists. And since we also prosper in a market dominated by a sort of mega-alliance called the IG, we are sure that the small to midsize players in shipping will also find ways to prosper. We are ready to serve them!