Page 37 - Insurance Times April 2024
P. 37

MV Alina II:



          Charterer



          Agreement-



          Fraud or Bait                                                                 Dr. Soumi Mukherjee




          - Historical Maritime Fraud



           "ALINA II was a Bulk Carrier registered and sailing  under the  flag of Saint Vincent and The
           Grenadines. ALINA II was built in 1986. The ship's registered owner, Pompey Shipping Corp, had
           chartered the MV Alina II, a bulk carrier to Prima Shipping Company Limited, which in turn had
           sub-chartered her to Kumba Shipping Hong Kong Limited, for the carriage of iron ore on a voyage
           basis from Saldanha Bay to China."



         C       harter parties are crucial legal contracts in the  the carriage of iron ore on a voyage basis from Saldanha

                                                              Bay to China.
                 realm of international shipping. These agreements
                 define  the  rights and  responsibilities  of both
                 shipowners  and  charterers,  ensuring smooth
          operations during voyages. Drafting a well-written and  On 29 October 2009, MV Alina II, berthed at one of the two
                                                              berths at the Langebaan terminal at the port of Saldanha
          comprehensive  charterparty agreement  is  crucial  for  Bay, nearly some 150 km north-west of Cape Town, South
          ensuring smooth operations in the shipping industry. This  Africa and commenced loading a cargo of about 1,75, 902
          legally  binding  document  establishes  the  terms  and  MT of Sishen iron ore fines. The vessel had completed her
          conditions  of  a  charterparty,  which  is  an  agreement  loading on 31 October 2009. It was then observed that it
          between a shipowner (or charterer) and a cargo owner for  had taken on a port list, and it was down by the head by
          the use of a vessel.                                about 50 cm. After this discovery, the vessel remained at
                                                              the berth until her cargo had been transhipped. This took
          In this article, we explore one of the three types of charter  time and it could finally leave Saldanha Bay on 27 March
          types that primarily exist in the shipping industry. Voyage  2010. Investigations revealed that the Alina II was fractured
          Charters- these charters deal with hiring a vessel for a single  in the hull and was taking water into the port side double-
          journey, and the payment is made for transporting goods  bottom ballast tank.
          from one port to another.
                                                              The Port of Saldanha evidently operates two adjacent quays
          ALINA II was a Bulk Carrier registered and sailing under the  which are dedicated to the export of iron ore from Sishen
          flag of Saint Vincent and The Grenadines. ALINA II was  in the Northern Cape. One of those quays was rendered
          built in 1986. The ship's registered owner, Pompey Shipping  inoperative for several months because of the fact, that the
          Corp, had chartered the MV Alina II, a bulk carrier to  vessel could not be moved. This resulted in delays in the
          Prima Shipping Company Limited, which in turn had sub-  export of ore for a lengthy period and the knock-on effects
          chartered her to Kumba Shipping Hong Kong Limited, for  of the calamity were of epic proportions.

         34      April 2024   The Insurance Times
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