3 months ago

Vol- 8 issue-08

10 TMWS 16 th - 30 th

10 TMWS 16 th - 30 th April 2018 Nautical News Wind Propulsion is an Essential Tool in Shipping’s Decarbonisation Efforts says the International Windship Association The International Windship Association, along with it’s 40- plus member companies and organisations is positioned to help the shipping industry meet urgent and ambitious carbon reduction targets to be set by the International Maritime Organization (IMO) at MEPC72 this week. There is a wide range of wind-assist and primary wind propulsion technology solutions that offer between 10-30% savings for retrofits, and up to 50% on smaller new built fully optimised vessels. Wind is a primary renewable energy that is free at point of use, abundant and exclusively available giving the vessel better commercial and operational autonomy. IWSA members are clear in their message that the tool box of clean technologies available to shipping today can help deliver upon the decarbonisation goals of keeping world temperatures to as close to 1.5C as possible, as outlined in the Paris Agreement. Gavin Allwright, IWSA Secretary said: “We have been working together with a wide range of technology providers, pioneering ship owners, design and research experts and policy makers all sharing the goal of enabling sustained and deep reductions in GHG emissions in the industry. The debate has shifted profoundly from one where there was doubt that we have the tools to do the job, to one where that is acknowledged, but the scaling of those low carbon technologies and fuel options is a matter of choice.” “We hope that the policy makers in the committee rooms at IMO this week recognise that they have a choice, ‘business-as-usual’ or embracing the huge GHG savings available from primary renewables such as wind propulsion and secondary renewable fuels and the uptake of other clean technology and design. These make the Paris Agreement goals both achievable and commercially desirable. IWSA members will continue to work with the industry to deliver on those reductions, as we look to create a sustainable and profitable fleet fit for purpose for the coming decade and beyond.” IWSA members are developing a wide range of wind propulsion technologies, with Flettner Rotors or Rotor Sails now in commercial use on three vessels, with the addition of three more by the end of the 2018, including vessels in the bulker, roro, passenger ferry, tanker and general cargo segments. These installations are already delivering between 5-15% fuel and emissions savings. Hard sail, soft sail and kite technologies are also either in commercial use or undergoing final development testing and sea trials, and these will soon be followed by further suction wing, hull form and turbine developments. All of these wind technologies, especially in new build configurations, can work hand-in-hand with other low emission technologies and fuel applications, substantially reducing the amount of fuel required to do the same work. The shipping industry is starting to embrace the opportunities that commercial wind propulsion provides, from Viking Lines to Maersk, MOL to STX France. The direction of travel is shifting and we hope that the IMO can feel the change in the way the wind blows and set an ambitious course, making the choice to lead in decarbonisation efforts and fully deliver on the Paris Agreement goals and beyond.

16 th - 30 th April 2018 TMWS 11 Admiralty Advisor Abhishek H. Khare Founder and Managing Partner, Khare Legal Chambers An Oxford University graduate Abhishek focuses on maritime law, energy law, competition law and disputes practice. Abhishek is also an advocate-on-record with the Supreme Court of India. Admiralty Suit For Recovery Of Wages A Suit can be filed for recovery of wages of the Seafarers as wages of seafarers are required to be paid by the company within four days of the seafarers’ discharge as per Section 129(1) of the Merchant Shipping Act, 1958 which states that: “The master, owner or agent of every ship shall pay to every seaman his wages within four days after the seaman’s discharge, and the seaman shall at the time of his discharge be entitled to be paid on account a sum equal to one-fourth part of the balance due to him.” The Seafarers will have a maritime claim under the provisions of Section 10 of the Admiralty Court Act, 1861- “The High Court of Admiralty shall have jurisdiction over any claim by a seaman of any ship for wages earned by him on board the ship, whether the same be due under a special contract or otherwise, and also over any claim by the master of any ship for wages earned by him on board the ship, and for disbursements made by him on account of the ship : Provided always that if in any such cause the plaintiff do not recover fifty pounds he shall not be entitled to any costs, charges or expenses incurred by him therein, unless the judge shall certify that the cause was a fit one to be tried in the said Court. [As to claim for wages and for disbursements by transfer of a ship]” read with the principles of the Brussels Convention on Arrest of Ships, 1952 and the Geneva Convention, 1999. The above mentioned Admiralty Court Act, 1861 is repealed by the new Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017 which will come into effect from 01 April 2018. Under the new Act as per Section 4 (l) (o), The High Court may exercise jurisdiction to hear and determine any question on a maritime claim against any vessel arising out of any “claim by a master or member of the crew of a vessel or their heirs and dependents for wages or any sum due out of wages or adjudged to be due which may be recoverable as wages or cost of repatriation or social insurance contribution payable on their behalf or any amount an employer is under an obligation to pay to a person as an employee, whether the obligation arose out of a contract of employment or by operation of a law (including operation of a law of any country) for the time being in force, and includes any claim arising under a manning and crew agreement relating to a vessel, notwithstanding anything contained in the provisions of sections 150 and 151 of the Merchant Shipping Act, 1958.” The claim for unpaid wages constitutes a maritime lien in law. It has a supervening priority over all other claims as given in Section 9(l) of Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017. As per Section 5 (l) (e) of the Admiralty act 2017, The High Court may order arrest of any vessel which is within its jurisdiction for the purpose of providing security against a maritime claim which is the subject of an admiralty proceeding, where the court has reason to believe that - the claim is against the owner, demise charterer, manager or operator of the vessel and is secured by a maritime lien as provided in section 9. The Supreme Court of India in the case of O. Konavalov v. Commander, Coast Guard Region (2006) 4 SCC 620 has held that “the seamen’s right to his wages have been put on a high pedestal. The right to wages for a seaman is the same as for any other wages of any employee, it is an integral part of the right to livelihood and the seamen is entitled to the protection under Article 21 of the Constitution of India.” The same principle has been adopted by the Hon’ble Supreme Court of India in the case of Epoch Enterrepots vs. M.V. Won Fu, (2003) 1 SCC 305. The Supreme Court in the case of Epoch Enterrepots vs. M.V. Won Fu (supra) has defined a maritime lien for unpaid Plaintiffs’ wages to be “right to part of property in the res and privileged claim upon a ship, aircraft or other maritime property which remains attach to the property travelling with it through changes of ownership.” As per the procedure, after the Order for Arrest of Vessel is given by the Court in a suit for unpaid wages, the Arrest - ...Continued to page 12

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