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  1. 1. Where is cargo? Shortage at all stages of transportation. Is draft survey actual under current trends? Alberto BatiniBB & Partners<br />7th Annual International Conference "Practice of Maritime Business. Cargo"<br />Odessa, 2-3 June 2011<br />
  2. 2. DRAUGHT SURVEYS vs SHORE SCALES FIGURES<br />BB & Partners<br />BB & Partners<br />
  3. 3. TradeAllowances in ItalianPorts<br /> <br />Bulk Cargoes<br /> <br /> Beans 1.0%<br /> Cellulose 4.0%<br /> Cement 1.0%<br /> Coal 1.0%<br /> Coke 3.0%<br /> Fertilizer 2.0%<br /> Grains 0.5%<br /> Kaolin 2.0%<br /> Meals 1.0%<br /> Oils 0.5%<br /> Petrol Coke 0.3%<br /> Pig Iron 1.0%<br /> Steel Scraps 1.5%<br />BB & Partners<br />
  4. 4. Please also note that, even if the Charterers exempts the Ship-owners in the Charter Party from any cargo claims, if the Bill of Lading does not state on the front page the following specifc clause: “all terms and conditions of the C/P (place and date of issue) are herewith fully incorporated, including the arbitration clause”, according to the Italian Courts, the vessel is responsible for cargo claims (including shortages) and the Charter Party could not be enforced against the Cargo Interests.<br />BB & Partners<br />
  5. 5. OIL SHORTAGES<br />Oil shortage claims are based upon a discrepancy between the quantity of cargo as stated in the bill of lading and the outturn quantity as calculated in the discharge port. <br />Both these figures are frequently derived from shore-tank calibration data.<br />BB & Partners<br />
  6. 6. The most common arguments are that:<br /> The ship is bound by the figure stated in the bill of lading.<br />The shore tank calibrations are more accurate than the ship’s tank calibrations.<br />The oil has become contaminated by water after loading.<br />Some oil remains onboard the ship.<br />BB & Partners<br />
  7. 7. The carrier’s defense is commonly based upon the accuracy of the ship’s cargo figures and seeks to demonstrate that they were comparable with the bill of lading figure, that there was no significant in transit loss, that any onboard quantity (OBQ) prior to loading has been taken into consideration and that all the cargo has been discharged with none remaining onboard (ROB).<br />BB & Partners<br />
  8. 8. An advise<br />BB & Partners<br />
  9. 9. Loadingtoomuch ?<br />BB & Partners<br />
  10. 10. Or too low ?<br />BB & Partners<br />
  11. 11. Isyour Master tiredofoftoomuchcalculations ?<br />BB & Partners<br />
  12. 12. Havean accurate draftsurvey at loading and discharging<br />Do notwaitforConsigneesto take the initiative<br />BB & Partners<br />