Category Archives: High Seas

PRESS RELEASE

Published September 18, 2023

The Marine Medium Speed Engine Oil Market refers to the market for specialized lubricants designed to meet the needs of medium-speed marine engines. These engines are commonly used in various types of ships, including container vessels, bulk carriers, tankers, and offshore support vessels. Marine medium-speed engine oils play a critical role in ensuring the efficient and reliable operation of these engines in the challenging maritime environment.

The marine medium-speed engine oil market is integral to the reliable and efficient operation of medium-speed marine engines in the shipping industry. As environmental regulations become more stringent and the demand for sustainable shipping practices grows, there is a continued need for innovative and environmentally friendly engine oil solutions. Meeting these challenges and maintaining compliance with evolving regulations will be key factors in the success of lubricant manufacturers in this market.

Discover Our Product with a Free Sample:

https://www.prophecymarketinsights.com/market_insight/Insight/request-sample/2194

Key Components of the Marine Medium Speed Engine Oil Market:

Medium-Speed Marine Engines: These engines typically operate in the range of 600 to 1000 revolutions per minute (RPM) and are known for their fuel efficiency, reliability, and versatility. They are commonly used in both propulsion and auxiliary power generation on ships.

Marine Medium Speed Engine Oils: These are specialized lubricants formulated to meet the specific requirements of medium-speed marine engines. They provide lubrication, cooling, and protection against wear and corrosion in the harsh maritime environment.

Key players in the marine medium speed engine oil market include:

Marine Medium Speed Engine Oil Market- Segmentation

Growth Drivers:

Global Shipping Industry: The global shipping industry is a primary driver of the marine medium-speed engine oil market. The demand for goods transported by sea continues to grow, leading to increased shipping activity and the need for reliable engine lubrication.

Stringent Environmental Regulations: Regulatory bodies, such as the International Maritime Organization (IMO), have introduced strict environmental regulations to reduce emissions from ships. This has led to the development of low-sulfur and low-emission engine oils to comply with these regulations.

Fuel Efficiency and Emissions Reduction: Ship operators are increasingly focused on improving fuel efficiency and reducing emissions to meet environmental goals and regulations. High-quality engine oils can contribute to achieving these objectives.

Maintenance and Reliability: The reliability and longevity of marine engines are crucial for the shipping industry. Engine oils that offer superior protection against wear and corrosion help extend engine life and reduce maintenance costs.

Technological Advancements: Ongoing research and development in lubricant technology have resulted in the formulation of more advanced and high-performance marine engine oils.

Challenges:

Environmental Concerns: The shipping industry is under pressure to reduce its environmental footprint, including emissions of sulfur oxides (SOx), nitrogen oxides (NOx), and particulate matter. Meeting these requirements with the right engine oils can be challenging.

Regulatory Compliance: Compliance with evolving international and regional regulations regarding emissions, exhaust gas cleaning systems (scrubbers), and fuel quality is a complex task for both ship operators and lubricant manufacturers.

Market Competition: The marine lubricants market is highly competitive, with numerous manufacturers vying for market share. This competition can lead to price pressures.

Supply Chain Complexity: Marine engine oil supply chains can be complex due to the global nature of the shipping industry. Ensuring a consistent supply of high-quality engine oils across different regions is a logistical challenge.

Technology Compatibility: As ship engines evolve and become more technologically advanced, ensuring that engine oils are compatible with the latest engine designs and materials is essential.

Download Full Market Research Report@

https://www.prophecymarketinsights.com/market_insight/Insight/request-pdf/2194

About us:

Prophecy Market Insights is specialized market research, marketing/business strategy, analytics, and solutions that offer strategic support to clients for making well-informed business decisions and identifying and achieving high-value opportunities in the target business area. We also help our clients to address business challenges and provide the best possible solutions to overcome transform and advance their businesses with growth.

Related Reports:

To know more

Contact Us:

Sales

Prophecy Market Insights

+1 860 531 2574

Email[emailprotected]

Website-www.prophecymarketinsights.com

Blog http://www.prophecyjournals.com

Follow us on:

LinkedIn|Twitter|Facebook

Read more:

Marine Medium Speed Engine Oil Market: Navigating the High Seas ... - Digital Journal

Nasim al Bahar naval exercises between Pakistan and the Royal Saudi navies are three decades old now and performed every two years, alternating between the two countries. The latest exercise in this series concluded in the Kingdom city of Al Jubail this month. This three-day bilateral exercise was divided in two parts, on shore activities and sea exercises involving ships and aircraft. Bilateral defense co-operation is however, not confined to the navies alone. In fact a couple of weeks ago a joint anti-terrorism army exercise was conducted in the army special forces center at Cherat.

The bulk of the earth is covered by the oceans. For Saudi Arabia and Pakistan, territorial waters are important as they are the cheapest and most practical channels for commercial activities. While Saudi Arabia exports its oil overseas through tankers, Pakistan gets its oil and gas through its ports. The safe and smooth transport of energy resources is not only important for the Kingdom and Pakistan, but indeed the entire world. Therefore, ever vigilant navies, jointly working to secure international waters, are a global necessity.

Threats at sea are broadly divided into two categories; traditional and non- traditional. Traditional threats originate from the states perceived as antagonistic. It is necessary to correctly assess enemy capabilities and plans. Preparations to defend territorial waters and ports can be sound only if the threat perception is correct.

Nasim al Bahar has not only contributed to bilateral security but also enhanced regional peace and future prosperity.

- Javed Hafeez

Earlier this year, Pakistan hosted a multi-national naval exercise called Aman 2023. It was attended by 50 naval contingents from around the globe, including Saudi Arabia. It amply depicted that both the Kingdom and Pakistan accord high importance to securing not only their own territorial waters but the high seas as well. Global prosperity and resultant economic activity is beneficial to all nations. And of the three forces, naval international co-operation is more in vogue now. Combined Task Forces (CTF) 150 , 151 and 152 , stationed in the Gulf are proof of that.

Non-traditional threats on the high seas have also proliferated in recent years. These include piracy, human, drug and arms smuggling. Nations have to guard against illegal fishing in their territorial waters. Similarly, vigilance is essential against nuclear waste dumping. Ecosystems in the oceans and seas have to be safeguarded. All these aspects are regularly discussed at Pak-Saudi naval exercises.

Pakistan Navy ships Saif, Dehshat, Himmat and Muhafiz sailed to Al Jubail especially for these exercises. Marines from both sides also participated. Helicopters for rescue operations were provided by the Royal Saudi Air Force. Seminars and workshops were held to discuss and hone tactical procedures. Special co-ordination meetings were held to discuss and decide the details of the exercise. As soon as the harbor phase endes, sailors and marines are readying themselves for sea activities.

Pakistan and Saudi Arabia have long coastlines and important ports. The Kingdom has the port of Dammam on the Gulf and Jeddah on the Red Sea, apart from five other major ports. Pakistan has major ports of Karachi, Bin Qasim and Gwadar on a 700 km long coastline. Foolproof security around these ports and in their territorial waters is essential for the two countries. Their bilateral naval cooperation is also built around this imperative and, therefore, assumes strategic dimension.

The main aim of such exercises is to enhance the interoperability of two forces not using identical ships, arms and equipment. They also afford an opportunity to test new arms and equipment in a real time war situation. Seminars and workshops are good occasions not only to learn much needed technical skills but also share their experiences about the tackling of traditional and non- traditional threats and challenges. Over and above, the soldiers develop mutual bonhomie. And increasing cooperation between two navies further cements the already brotherly ties.

This is eternal vigilance is the price of liberty. Both countries have faced threats of various kinds in their territorial waters and beyond. The sea lanes in our region will assume great importance as trade between China, GCC and Africa picks up via the China Pakistan Economic Corridor (CPEC). The Pakistani port of Gwadar will play a pivotal role in that scenario. Regional ports will become busier hubs of economic and commercial activity.

Only a secure and stable polity can achieve economic prosperity. And general prosperity is the best anecdote to extremism. Nasim al Bahar 14 has also been called Daraa al Bahar which means shield of the sea. It is necessary to enhance naval defense in order to keep security threats away from the land. Security and prosperity have a symbiotic relationship. Nasim al Bahar has not only contributed to bilateral security but also enhanced regional peace and future prosperity.

-Javed Hafeez is a former Pakistani diplomat with much experience of the Middle East. He writes weekly columns in Pakistani and Gulf newspapers and appears regularly on satellite TV channels as a defense and political analyst. Twitter: @JavedHafiz8

Disclaimer: Views expressed by writers in this section are their own and do not necessarily reflect Arab News' point-of-view

Read more:

Threats on the high seas and the Pak-Saudi partnership - Arab News Pakistan

Chinas naval pressure campaign against rival nations in the South China Sea has reached unprecedented heights since yearly short-term moratoriums on fishing were lifted, with Chinese ships shadowing Western warships in the region and seeking to interrupt maritime resupply on a submerged, Philippine-claimed island.

Chinas naval pressure campaign against rival nations in the South China Sea has reached unprecedented heights since yearly short-term moratoriums on fishing were lifted, with Chinese ships shadowing Western warships in the region and seeking to interrupt maritime resupply on a submerged, Philippine-claimed island.

The Peoples Liberation Army Navys ongoing blockade of the Second Thomas Shoal, a submerged reef thats part of the Spratly Island chain in the West Philippine Sea, has become a rallying point for Southeast Asian countries concerned about Chinas harassment of smaller nations on the high seas. In early August, the Philippines accused Chinese vessels of firing water cannons at its Coast Guard ships as they attempted to resupply the reef.

It was a major display of force by China, including six large Coast Guard ships and four naval vessels. It looked to be a calculated show of force by China, said Ray Powell, the director of SeaLight, a Stanford University project focused on Chinas maritime gray zone activities. It looked like China was trying to send the Philippines a message that playtime is over. Were bringing in the big guns.

China basically claims almost all of the South China Sea, asserting indisputable sovereignty over the Spratly Islands, the Paracel Islands, and the Scarborough Shoal via a so-called nine-dash line ringing the sea. While those claims are disputed by almost every other country in the region, including Taiwan, Brunei, Indonesia, Malaysia, the Philippines, and Vietnam, China has spent more than a decade creating facts on the ground by artificially enhancing atolls and reefs, turning them into airfields and ports.

The crisis, which has been ongoing since Chinese authorities lifted their annual fishing moratorium in mid-August, has seen Peoples Liberation Army-backed maritime militia forces actively blocking Philippine Coast Guard resupply vessels from landing on the shoal, where the Philippines periodically needs to resupply the BRP Sierra Madre, a World War II-era U.S.-made tank landing ship. Manila ran the Sierra Madre aground on top of the submerged reef in 1999 to help support its legal claim to it.

Its not the first recent maritime flare-up between Chinese and Philippine sailors. Even during the administration of the mercurial former Philippine President Rodrigo Duterte, who sought to strengthen relations with Beijing and threatened to boot a rotating presence of U.S. troops from the archipelago, Manila filed a formal diplomatic protest in 2021, when more than 200 Chinese fishing boats laid anchor at the disputed Whitsun Reef in the Spratly chain. The Philippines also sought arbitration at the Hague over the territorial dispute with China in the sea in 2016.

But with new Philippine President Bongbong Marcos in power and taking a more hawkish tack toward China, the tensions have kicked up another notch. Through the summer, China repositioned large portions of its maritime militia forces to operate out of Mischief Reef, according to Powell. Mischief, an atoll in the South China Sea that has been developed by Beijing and armed with anti-aircraft missiles, isabout 25 miles from Second Thomas Shoal.

China also buttressed those militias with more forces near Sabina Shoal, another disputed shoal, and Thitu Island, the second-largest of the Spratlys. And its not just shadowing and water cannons; China has also fired blinding lasers to daze Philippine vessels at least twice this year.

And Manila has dusted off Vietnams playbook from 2014, when Chinese vessels harassed Hanois navy over an oil rig dispute in the South China Sea, by naming and shaming China directly. When it comes to international relations, anything that you publicize that has a reputational cost for China, hits a nerve with the Chinese, Philippine Coast Guard spokesman Commodore Jay Tarriela told Bloomberg in August.

The push against Second Thomas Shoal is also a sign to experts that Chinas navy can more effectively sustain itself at sea from disputed islands in the South China Sea. And just as Chinas air force has used constant incursions into Taiwans air defense identification zone as a tactic to burn out Taipeis pilots, it is using the pressure campaign at sea to exhaust Philippine forces.

They couldnt really flex their muscles against the Filipinos, the Malaysians, [and] the Indonesians until after they built up the islands in the South China Sea, and thats really why they did that, said Brent Sadler, a senior research fellow for naval warfare and advanced technology at the Heritage Foundation and a former U.S. naval attach in Malaysia. Now they can keep those cutters and those patrol boats and fishing boats out there a lot more frequently [and] actually start to wear down the Malaysian and Filipinos just because they can keep a constant presence where the other guys dont have as many platforms.

And the more that China uses Coast Guard and maritime militia forces to harass the Philippine and other regional navies, the more routine Chinas aggressive posture becomes. The Chinese just keep coming at them and messing with them, Sadler said. It becomes like a new normal. Chinese military strategists believe that under the constant pressure, the United States would go away rather than continue to contest its maritime control.

Even with the Philippines adamant that it will continue to resupply the sunken reef despite Chinese harassment, experts are worried that the Biden administration needs a longer-term solution to the recurring crisis, which has bedeviled the last three U.S. administrations.

The Philippines and the U.S. are going to have to come up with a solution for Second Thomas Shoal, said Powell. Because otherwise, time and the elements will solve it for them, and at that point, China will just own the shoal.

The rest is here:

China Wants to Burn Out Southeast Asian Navies - Foreign Policy

Highlights

After years of working on Kinect Games and the Viva Pinata series, no one really knew what to expect from Rare. It seemed like the studio was very far from its glory days, which the release of the nostalgia-filled Rare Replay only further cemented. However, things quickly changed with the surprise announcement of Sea of Thieves, and the studio has not really looked back since.

While it is not a perfect game, Sea of Thieves has seemingly kicked off a new era for this iconic studio. It not only felt like an extremely unique multiplayer experience, but it also served as one of the earliest selling points for Xbox Game Pass. Rare has since focused much of its resources on expanding this title and whisking players away on brand-new journeys across the high seas. It is impressive just how far the game has come, yet that will likely not last forever. While Sea of Thieves will not close tomorrow, there will come a time when players must take one final voyage across its oceans.

RELATED: How Legend of Monkey Island Could Be A Turning Point For Sea Of Thieves Adventures

Upon release, Sea of Thieves was a bit lackluster. While the visuals and ship combat were fun, the rest of the game felt rather bland. There was no real form of progression, the gameplay felt like a series of rinse-and-repeat scenarios, and there was not much to do within its massive world. It may have been a unique experience, but that uniqueness could only take the game so far. Instead of abandoning the project, Rare committed to improving upon it.

Since release, Sea of Thieves has gotten countless updates that have expanded the game in new ways. New collectibles are frequently added along with new factions, new mission types, new time-limited events, and various other goodies. Originally, the studio was releasing massive new updates every single month, which gave players a reason to keep logging back in for more. In 2020, the studio shifted to a seasonal model with new content every three months, and that seems to have mostly paid off.

Sea of Thieves has gone through a ton of changes since release, making it feel like a vastly different game. It has even featured crossover stories from Pirates of the Caribbean and Lucasfilm Games' Monkey Island series, along with cosmetics from all sorts of different Microsoft franchises. All of this has helped create one of the best pirate games around, which has built an audience of over 30 million players as of June 2022. It seems like there is no stopping this multiplayer game as the studio has plans for the next five years, but no live-service game can last forever.

While Sea of Thieves' last days are likely a ways away, there will come a time when the game must close its doors. Already, Rare has had to cut off support for the PvP Arena mode because players were just not playing it. The game has also been going on for five years now, so naturally players will end up finding new games to play. On top of that, the game's 10th season had to be delayed, some players have become aggravated by cheaters, the newer content has not been engaging enough, and there is still no interesting form of progression outside of cosmetics.

Sea of Thieves is still going strong, and it likely will be for years to come. But if the playerbase gets bored with its content, then it will no longer buy its microtransactions. If there is no income stream, then Rare will not be able to keep updating the game with new content. With no new content, players will likely fall off in droves with only the diehard ones sticking around. Even if it does not seem like it, every online game has its expiration date, and Sea of Thieves' day may come sooner than some players realize.

Sea of Thieves is available now on PC, Xbox One, and Xbox Series X/S.

MORE: What to Expect From Sea of Thieves' Dark Deception Adventure

Read more:

Sea of Thieves Will Have to Face the Reaper Sooner or Later - GameRant

Our Whine Wednesdays topic this week is about cruise ship passengers who have no control over their behavior and are totally oblivious to what is acceptable when being in a hospitality environment where cleanliness is paramount truly PIGS on the high seas.

With all the issues surrounding hygiene and sickness prevention on cruises, one would think that all people by now got it into their head that some common sense should prevail but apparently not so.

While Celebrity Cruises is not known for rowdy behavior among its clientele and prides itself on being a bit above in terms of ambiance and class, I have still witnessed some pretty grotesque behavior as far as hygiene is concerned during my current Alaska cruise on Celebrity Solstice (and previously on the Millennium as well).

I took the above-posted picture on the Celebrity Solstice a few days ago when I came back from the pool and couldnt believe my eyes when I saw this tastefully dressed man resting his bare, filthy feet on a coffee table at the library.

The next person after him puts some pastry or his coffee there, yummy!

An even worse situation occurred while making the rounds to look at some cabins with the hotel director and an intoxicated man who was earlier heard yelling for a bathroom stood in the corner of the 12th deck next to the stairwell and URINATED ON THE CARPET (after he had already visibly left the majority of it in his pants). When do cruise lines finally put a stop to such behavior?

A lot might have to do with alcohol intake, but cruise lines should start cutting people off and disabling their access to alcohol on the Seapass card. Urinating in public areas on a cruise ship, are you kidding me???

On Celebrity Millennium, a cabin that housed passengers in sickness isolation for the better part of the week had a garbage bag thrown out in the hallway labeled Biohazard Infectious Waste. It wasnt picked up for hours.

Add to that the many passengers who dont bother to wash their hands before/after attending self-serve stations at the buffet or who visibly play around with the food, as in touching it with their bare hands.

Conclusion

I think there should be a mandatory element to the safety drill that includes basic hygiene protocol so that it hammers home to passengers that in order to maintain a safe cruising environment, common sense is paramount and that behaving like pigs in the mud field isnt contributing to that. A closer watch on alcohol intake might also be one component of that, but this is usually not a contributing factor to scenes at the buffet of the individual in the library with his feet on the cocktail table.

I really enjoyed cruising during Covid when ships were at half capacity, and people were somewhat on guard as far as health and cleanliness were concerned. Now its back to basics, ships are full, and people let their guard down. Not sure this is an environment I can enjoy much longer, and Im even more glad I completed 9 cruises in the past two years, seeing lots of interesting things, and I could probably just move on and go back to land-based trips. Not that people behave much better there.

Link:

Whine Wednesdays: Pigs On The High Seas Disgusting Behavior ... - LoyaltyLobby

By BRUCE KAMICH May 17, 2023 | 03:07 PM EDT Stocks quotes in this article: CCL Carnival Corp. ( CCL) has largely traded sideways since last June, but below deck I am seeing some positive technical clues. Let's check with our travel agent and look at the charts.

In the daily bar chart of CCL, below, I can see a pattern of higher lows from early October. The shares made a high in February but it has not been challenged. CCL has crossed the 50-day and 200-day averages a number of times but is now above these two math-driven indicators.

In the weekly Japanese candlestick chart of CCL, below, I see improving technical conditions. The shares are above the bottoming 40-week moving average line.

The weekly OBV line is up from its June low. The MACD oscillator is just slightly below the zero line.

In this daily Point and Figure chart of CCL, below, I can see that the shares reached an upside price target.

In this weekly Point and Figure chart of CCL, below, I can see a potential price target in the $21 area.

Bottom-line strategy:Inside passage, outside passage, Caribbean, Canada, Panama Canal -- whatever your interest there is probably a cruise for you.Meanwhile, you might consider booking a long position in CCL risking to $8. The $21 area is my price target for now. Add to longs above $12.

Get an email alert each time I write an article for Real Money. Click the "+Follow" next to my byline to this article.

Employees of TheStreet are prohibited from trading individual securities.

Thank you, your email to has been sent successfully.

We're sorry. There was a problem trying to send your email to . Please contact customer support to let us know.

Email Real Money's Wall Street Pros for further analysis and insight

Already a Subscriber? Login

Go here to see the original:

Carnival Now Looks in Ship Shape for the High Seas - RealMoney - RealMoney

The open ocean, which covers nearly three-quarters of the Earths surface, sustains and regulates life on the planet. Each year it sucks in about a quarter of the carbon dioxide emitted by humanity. It is economically valuable, too. The food, shipping, tourism and other activities which rely on the ocean are worth some $2.5trn annually. But almost two-thirds of the ocean lies outside exclusive economic zones, which extend up to 200 nautical miles (370km) from countries coasts. That leaves some 219m square kilometres of ocean, known as the high seas", outside any national jurisdiction. These areas are vulnerable to plunder by states, businesses and criminals. Two-thirds of fish stocks in the high seas are overexploited, according to the International Union for Conservation of Nature, a network of conservation groups and governments. But there has been no way to tackle these problemsuntil now. On March 4th negotiators at the UN agreed on the first international treaty to protect the high seas. What might it achieve?

The open ocean, which covers nearly three-quarters of the Earths surface, sustains and regulates life on the planet. Each year it sucks in about a quarter of the carbon dioxide emitted by humanity. It is economically valuable, too. The food, shipping, tourism and other activities which rely on the ocean are worth some $2.5trn annually. But almost two-thirds of the ocean lies outside exclusive economic zones, which extend up to 200 nautical miles (370km) from countries coasts. That leaves some 219m square kilometres of ocean, known as the high seas", outside any national jurisdiction. These areas are vulnerable to plunder by states, businesses and criminals. Two-thirds of fish stocks in the high seas are overexploited, according to the International Union for Conservation of Nature, a network of conservation groups and governments. But there has been no way to tackle these problemsuntil now. On March 4th negotiators at the UN agreed on the first international treaty to protect the high seas. What might it achieve?

Only around 1% of the high seas currently enjoy protected status, including a 600,000 km2 patch of the North Atlantic that is important for seabirds. The new High Seas treaty establishes a legal framework for more such areas. Any country that signs the eventual agreementratification alone is likely to take several yearswill be able to propose the protection of an area of the high seas and suggest measures, such as limits on fishing or shipping, to help. Other interested parties, including scientists and business, would review such proposals before countries vote on them. If the required number of states agree, the protected area will be established. The treatys signatories will then be obliged to apply its rules through other bodies like the International Maritime Organisation, which regulates shipping.

Hi! You're reading a premium article

Only around 1% of the high seas currently enjoy protected status, including a 600,000 km2 patch of the North Atlantic that is important for seabirds. The new High Seas treaty establishes a legal framework for more such areas. Any country that signs the eventual agreementratification alone is likely to take several yearswill be able to propose the protection of an area of the high seas and suggest measures, such as limits on fishing or shipping, to help. Other interested parties, including scientists and business, would review such proposals before countries vote on them. If the required number of states agree, the protected area will be established. The treatys signatories will then be obliged to apply its rules through other bodies like the International Maritime Organisation, which regulates shipping.

Signatories will also be obliged, for the first time, to carry out environmental-impact assessments for potentially damaging activities such as deep-sea mining. And they will have to share with other countries data and technology needed for scientific research or environmental monitoring. The treaty also includes rules governing the share of profits derived from marine genetic resources": materials from ocean plants and animals used by industries like pharmaceuticals and cosmetics. Access to this bounty has long complicated attempts to reach an international agreement over the high seas. But despite the breakthrough, it will not be easy to hammer out how the profits can be shared fairly and equitably", as the treaty demands.

The deal should help countries meet their pledge to protect 30% of the worlds land and sea by 2030, as agreed at COP15, a UN biodiversity summit held last year. Open oceans may not have the colourful, biodiverse ecosystems found closer to shore, but every part of the sea must flourish if the oceans are to thrive. And healthy ecosystems mitigate climate change by regulating temperatures, absorbing carbon and producing oxygen. The new treaty alone will not achieve that; comprehensive monitoring will be required. Nor is it yet clear how it will be enforced (fisheries management organisations already struggle to keep fishing in the high seas sustainable, for example). Countries have a long history of making ambitious but unfulfilled promises about biodiversity. But proper attention is at least now being paid to a long-neglected part of the planet.

2023, The Economist Newspaper Limited. All rights reserved. From The Economist, published under licence. The original content can be found on http://www.economist.com

See original here:

Why a new UN treaty to safeguard the high seas matters | Mint - Mint

It is increasingly common for consumer contracts to contain class action waiver clauses. Such clauses are similar in their operation to the choice of law and choice of forum clauses considered in our recent blog post here. However, they differ in some important respects including, in particular, as to the risk they could amount to unfair contract terms under the Australian Consumer Law (ACL).

This post, which is the seventh in a series from the KWM Competition team, examines whether and, if so, when class action waiver clauses could be considered unfair under the ACL. The issue an important one given the regular occurrence of such clauses in modern consumer contracts, and the recent decision of the Full Court of the Federal Court and the appeal to the High Court in the Ruby Princess litigation.

When will a term of a standard form contract be unfair?

The ACL prohibits terms of standard form consumer or small business contracts that are unfair. A term will be unfair if the following three criteria are satisfied:

In assessing unfairness, it is necessary to consider the extent to which the term is transparent and the contract as a whole, as well as matters such as the parties respective bargaining power, whether the contract was pre-prepared by one party, and whether the parties had the opportunity to negotiate the terms.

For a detailed discussion of when a clause will be unfair under the ACL, see our previous post here.

Class action waiver clauses

What is a class action waiver clause?

A class action waiver clause stipulates that disputes arising under the contract must be pursued on an individual basis and not as part of any class action or representative proceeding. Such clauses are common in the US, particularly following the 2011 decision of AT&T Mobility LLC v Concepcion. There, the US Supreme Court upheld the validity of the following class action waiver clause:

You and A&AT agree that each may bring claims against the other only in your or its individual capacity, and not as plaintiff or class member in any purported class action or representative proceeding. [1]

Are class action waiver clauses unfair under the Australian Consumer Law?

In Australia, the question of whether a class action waiver clause could amount to an unfair contract term under the ACL was considered for the first time in the recent Ruby Princess litigation.

A detailed summary of the facts and primary judgment in Karpik v Carnival plc (The Ruby Princess) (Stay Application) is set out in this blog post. In short, approximately 700 passengers aboard the ill-fated Ruby Princess agreed to terms and conditions (US T&Cs) with Carnival plc and Princess Cruise Lines Ltd. In addition to an exclusive jurisdiction clause, the US T&Cs contained the following class action waiver clause:

WAIVER OF CLASS ACTION: This passage contract provides for the exclusive resolution of disputes through individual legal action on your own behalf instead of through any class or representative action. Even if the applicable law provides otherwise, you agree that any arbitration or lawsuit against carrier whatsoever shall be litigated by you individually and not as a member of any class or as part of a class or representative action, and you expressly agree to waive any law entitling you to participate in a class action.[2]

In 2020, a class action was commenced on behalf of passengers in the Federal Court against Carnival and Princess, alleging contraventions of the ACL and the tort of negligence. Following an application for a permanent stay by Carnival and Princess, group members subject to the US T&Cs (US Group Members) resisted the stay on the basis the class action waiver clause was void and unenforceable as an unfair contract term under the ACL.

At first instance, Stewart J was satisfied that the class action waiver clause was unfair under the ACL. His Honour was persuaded in particular by the following matters:

On appeal, however, a majority of the Full Court (Allsop CJ and Derrington J) disagreed with Stewart Js conclusion. Their Honours each took the view that the class action waiver clause was not unfair.

The Chief Justice focused on the fact that the assessment of unfairness is to proceed by reference to the whole of the contract, as required by s 24(2)(b) of the ACL. Accordingly, it was necessary to consider the class action waiver clause together with the whole of the contract including the exclusive jurisdiction clause, which the primary judge had found to be enforceable (which finding was not challenged on appeal, as explained in our post here). Doing so highlighted the limited significance of the class action waiver clauses restriction on participating in an Australian class action, because the exclusive jurisdiction clause which was not unfair already had that effect. As his Honour observed:

Why should the loss of a capacity to participate in an Australian class action, by the class action waiver clause, cause any significant imbalance when the exclusive jurisdiction clause requires, if enforced, the claim to be stayed anyway?[4]

It was also relevant that the passenger was not an Australian consumer and had entered a contract with an exclusive jurisdiction clause, a proper law clause, and a class action waiver clause valid and enforceable under the proper law. Allsop CJ observed that there was no apparent attempt in the making of the contract, or in the choice of the proper law or in the exclusive jurisdiction clause, to circumvent the operation of Federal Court of Australia class actions regime:

When the whole contract is looked at, the parties bargained in a transparent way for the United States courts to have exclusive jurisdiction (by a clause that is not unfair under s 23) and also agreed that there would be a waiver of class action participation (a clause which, if effectively communicated, as it was, at least by the standard of transparency for s 24(3)), would be enforced in the United States. [5]

Justice Derrington (with whom Allsop CJ agreed) was similarly persuaded that the class action waiver clause in question was not unfair, having regard to the following:

The applicant has since been granted special leave to appeal the Full Courts decision to the High Court, including in relation to the question of whether the class action waiver clause is unfair under the ACL. Accordingly, it remains to be seen how the High Court will navigate the question of unfairness.

However, as Allsop CJ noted, it is to be borne in mind that, whatever the result, his Honours findings in relation to the class action waiver clause says nothing about another contract with an Australian consumer whereby it might be sought in a standard form contract to deprive a person of access to Pt IVA. In other words, while it might be permissible for a clause to deprive a foreign consumer of the ability to participate in an Australian class action (at least in this case where the consumer would be precluded from doing so pursuant to an enforceable foreign exclusive jurisdiction clause and having regard to the evidence before the court), a clause which deprives an Australian consumer of the ability to participate in an Australian class action in circumstances where the consumer could otherwise do so, may well be unfair under the ACL. In the case of the latter, the Chief Justice observed that there might be little doubt in many cases of Australian consumer contracts it would be unfair and unjust for standard form contracts to seek to impose a waiver of the operation of the class actions regime in Pt IVA of the Federal Court of Australia Act 1976 (Cth).

Or, to put it another way, its necessary to look at the contract as a whole and the particular facts of the case.

We will revisit the topic of class action waiver clauses, following the decision of the High Court.

Key takeaways

As the first in Australia to consider the validity of class action waiver clauses, the decision in the Ruby Princess litigation provides useful guidance to both businesses and consumers in relation to the risk such clauses could be unfair under the ACL. In particular, the decision highlights:

Importantly, the High Court appeal is likely to provide further clarity.

Follow this link:

Navigating Unfairness on the High Seas: Class Action Waiver Clauses - Lexology

Lu Peng Yuan Yu went missing in the Indian Ocean south of the Maldives - North Pacific Fisheries Commission photo

PublishedMay 17, 2023 1:32 PM by The Maritime Executive

A multinational search is underway in the Indian Ocean for the crew of a Chinese fishing vessel that capsized with a crew of 39 aboard. Chinas President Xi Jinping has ordered the departments of the Chinese government to launch the search while thanking international participants and welcoming their assistance.

The Australian Maritime Safety Agency (AMSA) was the first to detect the vessels distress reporting that they picked up the signal from a distress beacon early on the morning of May 16. An investigation determined that the distress signal was coming from the Chinese fishing vessel Lu Peng Yuan Yu 028, owned by Penglai Jinglu Fishery based in Shandong. The vessels last known position is said to be south of the Maldives with AMSA saying it was approximately 5,000 km (3,100 miles) northwest of Perth, Australia.

A bulk carrier, the Panama-flagged Navios Taurus (76,596 dwt) outbound from China to Brazil was in the area. AMSA reports that the bulker reached the area late yesterday. They reported finding an upturned hull and no signs of survivors.

The Lu Peng Yuan Yu 028 is reported to be 1,400 tons with the vessels registry with the North Pacific Fisheries Commission showing that it had a maximum crew of 60. Chinas CCTV however is reporting that there are 17 Chinese, 17 Indonesian, and five Filipino crewmembers aboard the vessel currently. The database reflects the vessel as 229 feet in length. The AIS signal shows the vessel departed Cape Town, South Africa on March 3 with an ultimate destination of Pusan, South Korea entered into the AIS.

Informed of the incident, President Xi ordered an all-out rescue effort to be launched. A spokesperson for Chinas Ministry of Foreign Affairs said during his daily briefing today that Xi Jinping asked the Foreign Ministry and relevant diplomatic missions to be in touch with their international counterparts to coordinate the rescue efforts. The resources of Australia, Sri Lanka, the Maldives, Indonesia, and the Philippines are all providing assistance or monitoring the situation.

Chinese and foreign vessels have arrived at relevant waters and the search and rescue operation is intensively underway. More help is on the way. We will continue to work together with relevant sides to do everything possible to find those who have gone missing, the spokesperson said in response to questions.

CCTV reports that two Chinese vessels were heading to the scene. The Australian Defence Force also sent a Poseidon aircraft to assist with the long-range search. AMSA also reports that other merchant ships and vessels are in the area.

The search was being hampered yesterday by extreme weather conditions according to AMSA with winds at up to 74 mph and seas at 23 feet. Conditions however have abated today with winds between approximately 25 and 30 mph and seas of approximately 6 to 10 feet.

Chinas Ministry of Transportation reported as of midday Wednesday, nearly 20 hours after the distress beacon signal, no survivors have been located. They have also not found life rafts from the vessel.

President Xi called for improved early warning systems and other safety improvements for Chinas distant deep-water fishing fleet. The operator of the vessel is reported to have a fleet ranging between 12 and 24 vessels operating in the North Pacific, Indian Ocean, and South America. China has the worlds largest fleet of distant-water fishing vessels with estimates at nearly 3,000 vessels.

Original post:

High-Seas Search for 39 Crewmembers of Capsized Chinese ... - The Maritime Executive

History books

The American journalist takes to the seas of the 18th century with a story of mutiny, murder and empire

Sun 14 May 2023 06.00 EDT

Human beings surviving (or otherwise) in extreme situations is a recurring area of fascination for the American journalist and author David Grann. A virtuoso storyteller with a talent for archival research, he has tracked explorers through mosquito-ridden Amazonian swamps in The Lost City of Z, and across the howling wastes of Antarctica in The White Darkness, an outing that involved frostbite, broken teeth, bacterial peritonitis and eventually death.

Now hes taken to the high seas with The Wager and you can see why Grann was attracted by the tale of a scurvy-ridden British warship foundering on the shores of Patagonia during a spectacularly ill-conceived mission to round Cape Horn in the early 1740s.

HMS Wager was part of a fleet that set off from Portsmouth under Commodore George Anson, ostensibly to destroy Spanish ships and other holdings in the Pacific during the War of Jenkins Ear (1739-48). Its real objective was far more mercenary: to raid a Spanish galleon loaded with treasure en route to the Philippines. Nearly 2,000 men set sail, many of them unwilling conscripts pressed into service by armed gangs. Fewer than 700 returned.

In addition to scurvy, which gave rise among the men to what one ships chaplain describes as a luxuriance of fungous flesh, the expedition was beset by pulverising storms, acute food shortages and internal dissent, which grew more pronounced after the Wager hit a rock, disgorging its crew on to a desolate island in Chiles Golfo de Penas (Gulf of Pain). Here the story of survival warps into a tale of mutiny, albeit a slow-motion one with numerous false starts.

Grann, who spent five-plus years working on the book, is expert at stitching together the available facts so deftly that we hardly notice the gaps. He draws on other contemporary seafaring accounts to round out the narrative and splices in his own atmospheric descriptions of quaking seas and creaking hulls (Grann travelled to the site of the shipwreck as part of his research). In fact, there is so much historical account of the Wagers demise as to suggest a surfeit of testimony. The mutineers kept detailed journals, hoping to convince future courts martial that they were justified in usurping the ships glory-hungry captain, David Cheap. When the opposing factions finally made it back to England, weathering even more abject hardships on the return, a flurry of books were published to back up their stories. Its through these often conflicting accounts that Grann has to navigate, and he does so with skill and evenhandedness, finding humanity in all but the most debased participants.

But even the more sympathetic figures, he notes, were complicit in a far greater crime than mutiny: upholding the structures of empire as Britain expanded itself across the world, murdering, looting and dehumanising as it went. The cruelties and distortions of imperialism are Granns main targets here, and he shows how mythic tales of glory can be salvaged from even the direst misadventures, while the shameful facts the squandering of 1,300 lives, the waging of a pointless war are quietly scratched from the record.

The Wager provides a valuable corrective, then, but not at the expense of a cracking yarn, with no shortage of jeopardy to bedevil its characters. Granns taste for desperate predicaments finds its fullest expression here, and its hard to think of a better author to steer us through the extremes.

The Wager: A Tale of Shipwreck, Mutiny and Murder by David Grann is published by Simon & Schuster (20). To support the Guardian and Observer order your copy at guardianbookshop.com. Delivery charges may apply

{{topLeft}}

{{bottomLeft}}

{{topRight}}

{{bottomRight}}

{{.}}

Read the original post:

The Wager by David Grann review a rollicking and nuanced history of the high seas - The Guardian