Association of Ship Brokers amp Agents (USA) Inc FEBRUARY 2016

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ANNUAL GENERAL MEETING Guest Speaker - David Martowski

Society of Maritime Arbitrators

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ASBA February Newsletter 2016

Excerpt from Mr Martowskis presentation ldquoI am honored to join you this evening with a few comments directed towards ourrespective roles as agents brokers and arbitrators providing services to an industryfacing unprecedented challenges You as agents and brokers perform key roles as the engines driving the industrywe serve by bringing together owners charterers suppliers and traders in thousandsof fixtures You do what you do very well and the great majority is performed smoothlywithout incident Very infrequently ndash less than 1 per cent - deals become unraveledwith serious consequences and we as arbitrators may become involved Which leads me to say a few words about the Society of Maritime Arbitrators

now celebrating its 53rd year and how New York arbitration works The SMA is a non-profit entity and todayrsquos members number about sixtycommercial men and women - primarily full-time arbitrators drawn from the industryrsquosdisciplines As you know all arbitral forums are measured by three fundamental benchmarksndash getting it right expeditiously and at a reasonable cost SMA arbitration measuresup well as compared to its competitors and offers several unique and importantfeatures Herersquos why New York Arbitration is worth fighting for whilenegotiating charter party terms

Confidentiality If both parties to a dispute request confidentiality the awardwill not be publishedPublication The SMA publishes an award service approaching 4300reasoned awards which serve an important purpose by providing a body ofarbitral precedent useful in avoiding future disputes guidance on the practicesand customs of various trades and insight into the thinking of individualarbitratorsConsolidation If all contracts incorporate the SMA Rules the partiescan agree to consolidate proceedings which involve common questions of factor law andor arise from the same or related maritime transactions This makes good commercial sense when a dispute includes all parties in thecharter party or contractual chainAward of Legal Fees and Costs Attorneys fees and costs are regularlyawarded to the prevailing party in New York maritime arbitration proceedingsThis practice is contrary to the so-called American Rule generally applied inUnited States court proceedingsTimely Issuance of the Award Arbitrators have the collective duty to issue

an award within 120 days of the close of proceedings However in myexperience todayrsquos awards - even in complicated disputes - are issued wellwithin this time frame ndash often within 30 ndash 60 daysLocality While most proceedings are held in New York the parties may agreeon another forum and we are seeing more and more proceedings goingforward in other major cities and portsRepresentation Parties may be represented by non-lawyersSecurity Nothing is more frustrating than for a prevailing party to discoverafter lengthy and costly arbitration proceedings that there are no funds tosatisfy an award in its favor SMA arbitrators are empowered to order theposting of security during proceedings in appropriate casesFinality One of the primary advantages of a United States arbitration award isthat it virtually cannot be appealedInformality SMA arbitration is low-keyed informal and flexible

As you are aware brokers are still called upon to mediate disputes betweenprincipals by providing a valuable added service which in many cases works verywell at no cost to your principals However there is risk involved if the mediationfails despite your best attempts To avoid this difficulty you may wish to consider using the SMA ShortenedProcedures which are custom-tailored to expeditiously and inexpensively resolvesome types of disputes by use of a sole arbitrator limited items in disputeexpedited basis documents alone very limited discovery lawyerrepresentation not required issuance of an award within 30 days of closureand a cap on legal and arbitration fees and expenses The Shortened Procedure has proven so efficient that it has almost put the SMAout of business The mere presence of this clause in a Charter party is a strongdeterrent for parties to delay or refuse payment of smaller amounts based on noother reason than cash flowrdquo

Mr Martowski clearly outlined the key benefits of New York Arbitration viaSMA Rules Although it may seem like a non-issue when fixing the ship in theone percent of deals that become unraveled your principals will definitelybenefit from your guidance and ultimately insistence that the charter partyinclude New York Arbitration with SMA Rules and the Shortened Procedure

David Host

Chairman amp CEO T Parker Host Inc and ASBA Director

Keynote Speaker February CMA Luncheon

All in attendance enjoyed his presentation spanning the companys close to one hundred years as a

ships agent

Message from incoming PRESIDENTCHRIS YOUNG - Dietze amp Associates LLC

ldquoI want to take this opportunity to share one of my goals while in office ndashpromote participation of all members in ASBA I recognize that many of youbelong to other organizations or clubs One of the common denominatorswithin ASBA as well as other organizations is how difficult it is to get and keeptheir members involved I would venture to say participation is probably belowfifty percent which is pretty typical I want to encourage you here tonight aswell as all other members to take advantage of the many opportunitiespresented to ASBA members online or home study education courses andseminars Annual Cargo Conference golf outings and social events Inparticular I would like to encourage the participation of our younger membersAs we all know the life blood of any organization are these younger memberswho will be needed to replace us older ones maybe sooner than later

I want to personally extend an open invitation to all interested members toparticipate on any of our many committees Contact Jeanne or any of us on theBoard who will help you determine a committee that best suits your intereststhen direct you to the appropriate Chairman

If you would rather just enjoy ASBArsquos many offerings please do so I am sureyou will find them informative as well as enjoyable The ASBA website is a

you will find them informative as well as enjoyable The ASBA website is agood place to start That said never hesitate to call Jeanne or Cris

Thank you for your time and I look forward to serving you the membersof ASBA during my time in office

PRE-HOLIDAY SOCIALHudson Grille - Stamford CT

Claus Clement Connie Athanasiou

Robin van Wyngaarden

Teo Tsagaris Mads Dalgaard

Ivan Vorobev David Peraza amp

Brendan Collins photo bombing

Chris Towne Rich Reisert

Soren Wolmar amp Marcos Souza

ASBA Tanker BrokerMember Lunch

with Guest Speaker

Arne Gibbs Planning amp Business Analysis Manager

SeaRiver Maritime Inc

February 18 2016 at 1130

Sam Houston Hotel

The Society of MaritimeArbitrators presents

Seven Days in May Video with narration by

Keith Heard of Burke amp Parsons

Feb 18 2016 at 10 am Sam Houston Hotel

Interested Email ASBA

YSBA Post Holiday SocialNYC

Thank you ALEXIS LEMON-ZAKOU amp AXEL DITLEF-SIMONSEN

YSBAFRIDAY - MARCH 4th

47-11 VanDam StreetLong Island City NY

400 PM

2 12 - 3 hours of Play

For more detailswwwasbaorgLink to YSBA page

an award within 120 days of the close of proceedings However in myexperience todayrsquos awards - even in complicated disputes - are issued wellwithin this time frame ndash often within 30 ndash 60 daysLocality While most proceedings are held in New York the parties may agreeon another forum and we are seeing more and more proceedings goingforward in other major cities and portsRepresentation Parties may be represented by non-lawyersSecurity Nothing is more frustrating than for a prevailing party to discoverafter lengthy and costly arbitration proceedings that there are no funds tosatisfy an award in its favor SMA arbitrators are empowered to order theposting of security during proceedings in appropriate casesFinality One of the primary advantages of a United States arbitration award isthat it virtually cannot be appealedInformality SMA arbitration is low-keyed informal and flexible

As you are aware brokers are still called upon to mediate disputes betweenprincipals by providing a valuable added service which in many cases works verywell at no cost to your principals However there is risk involved if the mediationfails despite your best attempts To avoid this difficulty you may wish to consider using the SMA ShortenedProcedures which are custom-tailored to expeditiously and inexpensively resolvesome types of disputes by use of a sole arbitrator limited items in disputeexpedited basis documents alone very limited discovery lawyerrepresentation not required issuance of an award within 30 days of closureand a cap on legal and arbitration fees and expenses The Shortened Procedure has proven so efficient that it has almost put the SMAout of business The mere presence of this clause in a Charter party is a strongdeterrent for parties to delay or refuse payment of smaller amounts based on noother reason than cash flowrdquo

Mr Martowski clearly outlined the key benefits of New York Arbitration viaSMA Rules Although it may seem like a non-issue when fixing the ship in theone percent of deals that become unraveled your principals will definitelybenefit from your guidance and ultimately insistence that the charter partyinclude New York Arbitration with SMA Rules and the Shortened Procedure

David Host

Chairman amp CEO T Parker Host Inc and ASBA Director

Keynote Speaker February CMA Luncheon

All in attendance enjoyed his presentation spanning the companys close to one hundred years as a

ships agent

Message from incoming PRESIDENTCHRIS YOUNG - Dietze amp Associates LLC

ldquoI want to take this opportunity to share one of my goals while in office ndashpromote participation of all members in ASBA I recognize that many of youbelong to other organizations or clubs One of the common denominatorswithin ASBA as well as other organizations is how difficult it is to get and keeptheir members involved I would venture to say participation is probably belowfifty percent which is pretty typical I want to encourage you here tonight aswell as all other members to take advantage of the many opportunitiespresented to ASBA members online or home study education courses andseminars Annual Cargo Conference golf outings and social events Inparticular I would like to encourage the participation of our younger membersAs we all know the life blood of any organization are these younger memberswho will be needed to replace us older ones maybe sooner than later

I want to personally extend an open invitation to all interested members toparticipate on any of our many committees Contact Jeanne or any of us on theBoard who will help you determine a committee that best suits your intereststhen direct you to the appropriate Chairman

If you would rather just enjoy ASBArsquos many offerings please do so I am sureyou will find them informative as well as enjoyable The ASBA website is a

you will find them informative as well as enjoyable The ASBA website is agood place to start That said never hesitate to call Jeanne or Cris

Thank you for your time and I look forward to serving you the membersof ASBA during my time in office

PRE-HOLIDAY SOCIALHudson Grille - Stamford CT

Claus Clement Connie Athanasiou

Robin van Wyngaarden

Teo Tsagaris Mads Dalgaard

Ivan Vorobev David Peraza amp

Brendan Collins photo bombing

Chris Towne Rich Reisert

Soren Wolmar amp Marcos Souza

ASBA Tanker BrokerMember Lunch

with Guest Speaker

Arne Gibbs Planning amp Business Analysis Manager

SeaRiver Maritime Inc

February 18 2016 at 1130

Sam Houston Hotel

The Society of MaritimeArbitrators presents

Seven Days in May Video with narration by

Keith Heard of Burke amp Parsons

Feb 18 2016 at 10 am Sam Houston Hotel

Interested Email ASBA

YSBA Post Holiday SocialNYC

Thank you ALEXIS LEMON-ZAKOU amp AXEL DITLEF-SIMONSEN

YSBAFRIDAY - MARCH 4th

47-11 VanDam StreetLong Island City NY

400 PM

2 12 - 3 hours of Play

For more detailswwwasbaorgLink to YSBA page

Chairman amp CEO T Parker Host Inc and ASBA Director

Keynote Speaker February CMA Luncheon

All in attendance enjoyed his presentation spanning the companys close to one hundred years as a

ships agent

Message from incoming PRESIDENTCHRIS YOUNG - Dietze amp Associates LLC

ldquoI want to take this opportunity to share one of my goals while in office ndashpromote participation of all members in ASBA I recognize that many of youbelong to other organizations or clubs One of the common denominatorswithin ASBA as well as other organizations is how difficult it is to get and keeptheir members involved I would venture to say participation is probably belowfifty percent which is pretty typical I want to encourage you here tonight aswell as all other members to take advantage of the many opportunitiespresented to ASBA members online or home study education courses andseminars Annual Cargo Conference golf outings and social events Inparticular I would like to encourage the participation of our younger membersAs we all know the life blood of any organization are these younger memberswho will be needed to replace us older ones maybe sooner than later

I want to personally extend an open invitation to all interested members toparticipate on any of our many committees Contact Jeanne or any of us on theBoard who will help you determine a committee that best suits your intereststhen direct you to the appropriate Chairman

If you would rather just enjoy ASBArsquos many offerings please do so I am sureyou will find them informative as well as enjoyable The ASBA website is a

you will find them informative as well as enjoyable The ASBA website is agood place to start That said never hesitate to call Jeanne or Cris

Thank you for your time and I look forward to serving you the membersof ASBA during my time in office

PRE-HOLIDAY SOCIALHudson Grille - Stamford CT

Claus Clement Connie Athanasiou

Robin van Wyngaarden

Teo Tsagaris Mads Dalgaard

Ivan Vorobev David Peraza amp

Brendan Collins photo bombing

Chris Towne Rich Reisert

Soren Wolmar amp Marcos Souza

ASBA Tanker BrokerMember Lunch

with Guest Speaker

Arne Gibbs Planning amp Business Analysis Manager

SeaRiver Maritime Inc

February 18 2016 at 1130

Sam Houston Hotel

The Society of MaritimeArbitrators presents

Seven Days in May Video with narration by

Keith Heard of Burke amp Parsons

Feb 18 2016 at 10 am Sam Houston Hotel

Interested Email ASBA

YSBA Post Holiday SocialNYC

Thank you ALEXIS LEMON-ZAKOU amp AXEL DITLEF-SIMONSEN

YSBAFRIDAY - MARCH 4th

47-11 VanDam StreetLong Island City NY

400 PM

2 12 - 3 hours of Play

For more detailswwwasbaorgLink to YSBA page

you will find them informative as well as enjoyable The ASBA website is agood place to start That said never hesitate to call Jeanne or Cris

Thank you for your time and I look forward to serving you the membersof ASBA during my time in office

PRE-HOLIDAY SOCIALHudson Grille - Stamford CT

Claus Clement Connie Athanasiou

Robin van Wyngaarden

Teo Tsagaris Mads Dalgaard

Ivan Vorobev David Peraza amp

Brendan Collins photo bombing

Chris Towne Rich Reisert

Soren Wolmar amp Marcos Souza

ASBA Tanker BrokerMember Lunch

with Guest Speaker

Arne Gibbs Planning amp Business Analysis Manager

SeaRiver Maritime Inc

February 18 2016 at 1130

Sam Houston Hotel

The Society of MaritimeArbitrators presents

Seven Days in May Video with narration by

Keith Heard of Burke amp Parsons

Feb 18 2016 at 10 am Sam Houston Hotel

Interested Email ASBA

YSBA Post Holiday SocialNYC

Thank you ALEXIS LEMON-ZAKOU amp AXEL DITLEF-SIMONSEN

YSBAFRIDAY - MARCH 4th

47-11 VanDam StreetLong Island City NY

400 PM

2 12 - 3 hours of Play

For more detailswwwasbaorgLink to YSBA page

ASBA Tanker BrokerMember Lunch

with Guest Speaker

Arne Gibbs Planning amp Business Analysis Manager

SeaRiver Maritime Inc

February 18 2016 at 1130

Sam Houston Hotel

The Society of MaritimeArbitrators presents

Seven Days in May Video with narration by

Keith Heard of Burke amp Parsons

Feb 18 2016 at 10 am Sam Houston Hotel

Interested Email ASBA

YSBA Post Holiday SocialNYC

Thank you ALEXIS LEMON-ZAKOU amp AXEL DITLEF-SIMONSEN

YSBAFRIDAY - MARCH 4th

47-11 VanDam StreetLong Island City NY

400 PM

2 12 - 3 hours of Play

For more detailswwwasbaorgLink to YSBA page

YSBAFRIDAY - MARCH 4th

47-11 VanDam StreetLong Island City NY

400 PM

2 12 - 3 hours of Play

For more detailswwwasbaorgLink to YSBA page

Link to YSBA page

Office of Foreign Assets

Control (OFAC) Questions about recent easing of sanctions for

trading to Cuba andor Iran

Visit wwwtreasurygovofac

If you cant find the answer to your question in

their Frequently Asked Questions (FAQs) you

can contact OFAC in either of the following

methods OFAC representative will respond

within 1 - 2 business days

OFAC Hotline - 800-540-6322

Email - ofac_feebacktreasurygov

Need the latest information Sign up for the

email updates by visiting their website (link

above) Click on Connect with Us Contact

Us then Sign Up for Email Updates

USCG Marine SafetyInformation Bulletin(MSIB)

Zika Virus Precautions

Guidance was issued on February 4 2016 as

a reminder to vessel and facility

representatives of their obligation to report

hazardous conditions and illnesses

Any questions regarding this MSIB should be

forwarded to the Office of Port and Facility

Compliance at (202) 372-11711107 or by

email at CGFACuscgmil

Need a copy of the Bulletin Send us an

email

CALENDAR OF EVENTScheck out website for more event details

wwwasbaorg

February 29 Maritime Law - Online Course Begins

March 4 YSBA Paintball - Indoor Extreme Sports - Long Island City - NY March 21 ASBA - BALTIC - Hudson Grille - CT - 630 pm

April 1 Agency Live Seminar - Country Inn amp Suites New Orleans LA April 22 YSBA Lunch with Speaker - Stamford CT

April 22 YSBA Lunch with Speaker - Stamford CT

May 5 Golf Outing - NY Country Club - New Hempsted NY

MARK YOUR CALENDAR

ASBA Annual Cargo ConferenceEDEN ROC - MIAMI BEACH

September 28 - 30 2016

WELCOMENEW MEMBERS

COMPANY MEMBERIfchor North America LLC 200 Broadhollow Road Ste 207 Melville NY 11747 Tel 631-823-1099 Emailcharteringnaifchorcom Website wwwifchorcom

AFFILIATE MEMBER

Kirby Offshore Marine LLC55 Waugh Drive Suite 1000 Houston TX 77007 Tel 713-435-1000

MEMBERS ON THE MOVEcontinued

T Parker Host Inc 150 West Main Street Ste 1600 Norfolk VA 23510 Tel 757-627-6286 Fax 757-627-3948 Emailopstparkerhostcom Website wwwtparkerhostcom

Moran Shipping Corp 12 Maplewood Drive Cos Cob CT 06807 Tel 203-504-5888 Fax 203-351-0927

Fax 713-435-1426 billwitherskirbycorpcom Website wwwkirbycorpcom

Western Bulk (Miami) Inc 601 Brickell Key Drive Ste 1080 Miami FL 33131 Tel 305-238-1554 davidswindollwesternbulkcom wwwwesternbulkcomus-gulf MEMBERS ON THE MOVE

AAL Shipping amp Chartering 2180 North Loop West Suite 130 Houston TX 77018 Tel 713-980-1100 Emailsalesusaalshippingcom Website wwwaalshippingcom

Fax 203-351-0927 charteringmoranshipcom

Shipping amp Finance LLC 300 First Stamford Place Stamford CT 06902 Tel 203-890-9550 Emailtbgshipfinancenet Website wwwshipfinancenet

Trammo Bulk Carriers NY adivision of Trammo Inc 1 Rockefeller Center 9th Floor New York NY 10020-2078 Tel 212-223-3200 Fax 212-759-1410 Emailnytrammocom Website wwwtrammocom

CongratulationStudentsBusiness of Shipping IIKevin P Albertson Jonathan Canaan Steven Solis

ASSOCIATION OF SHIP BROKERS amp AGENTS (USA) INC 510 Syvlan Avenue Suite 201

Englewood Cliffs NJ 07632

Tel 201-569-2882 - Fax 201-569-9082

Email asbaasbaorg - wwwasbaorg

This email was sent to ltlt Test Email Address gtgt why did I get this unsubscribe from this list update subscription preferences

Association of Ship Brokers amp Agents (USA) Inc middot 510 Sylvan Ave Suite 201 middot Englewood Cliffs NJ 07632 middot USA

Fax 713-435-1426 billwitherskirbycorpcom Website wwwkirbycorpcom

Western Bulk (Miami) Inc 601 Brickell Key Drive Ste 1080 Miami FL 33131 Tel 305-238-1554 davidswindollwesternbulkcom wwwwesternbulkcomus-gulf MEMBERS ON THE MOVE

AAL Shipping amp Chartering 2180 North Loop West Suite 130 Houston TX 77018 Tel 713-980-1100 Emailsalesusaalshippingcom Website wwwaalshippingcom

Fax 203-351-0927 charteringmoranshipcom

Shipping amp Finance LLC 300 First Stamford Place Stamford CT 06902 Tel 203-890-9550 Emailtbgshipfinancenet Website wwwshipfinancenet

Trammo Bulk Carriers NY adivision of Trammo Inc 1 Rockefeller Center 9th Floor New York NY 10020-2078 Tel 212-223-3200 Fax 212-759-1410 Emailnytrammocom Website wwwtrammocom

CongratulationStudentsBusiness of Shipping IIKevin P Albertson Jonathan Canaan Steven Solis

ASSOCIATION OF SHIP BROKERS amp AGENTS (USA) INC 510 Syvlan Avenue Suite 201

Englewood Cliffs NJ 07632

Tel 201-569-2882 - Fax 201-569-9082

Email asbaasbaorg - wwwasbaorg

This email was sent to ltlt Test Email Address gtgt why did I get this unsubscribe from this list update subscription preferences

Association of Ship Brokers amp Agents (USA) Inc middot 510 Sylvan Ave Suite 201 middot Englewood Cliffs NJ 07632 middot USA

Tel 201-569-2882 - Fax 201-569-9082

Email asbaasbaorg - wwwasbaorg

This email was sent to ltlt Test Email Address gtgt why did I get this unsubscribe from this list update subscription preferences

Association of Ship Brokers amp Agents (USA) Inc middot 510 Sylvan Ave Suite 201 middot Englewood Cliffs NJ 07632 middot USA