US Bodily Injury News (Autumn 2004)
This Autumn 2004 edition of Bodily Injury News includes articles on Visa restrictions causing problems for foreign crew-members, Dealing with law enforcement officers in the USA, The challenge of the US longshore injury claims, The high cost of parting lines, Brazil - fines imposed for sanitary regulations infractions.
Thomas Miller Americas - Bodily Injury Team September 2004 (313 KB)
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The International Chamber of Shipping reports that there are currently around 1.2 million seafarers actively serving on vessels in the world merchant fleet. Given the financial exposure that crew claims pose for Members; Amanda Hastings, Claims Executive for the People Claims team looks at one element of crew illness claims - work-related disease. Looking at the key contractual provisions for work-related illness under the Philippines Overseas Employment Agency Standard Employment Contract (POEA SEC), the challenges posed by contracts which fall silent on definitions of work-related illness and advice to Members on mitigating liability in these types of claim.
Three years ago, the UK P&I Club issued a Legal Briefing on Electronic Bills of Lading (eBLs) in which we tried to de-mystify the concept of the eBL, by providing an insight into how the systems of the three eBL providers approved by the International Group of P&I Clubs (the “IG”) at the time, namely Bolero, essDOCS and e-Title™, work. We explained the legal principles relied upon by these providers to enable their eBLs to replicate the essential functions of a paper BL. We also tried to put cyber risks in context by explaining that these risks are risks associated with the general use of computers in our businesses, and are not risks specific to the use of eBLs.
In Part I of this article, the authors introduced the three new eBL providers whose blockchain based systems were recently approved by the International Group (IG), and provided an overview on how their systems work. Here in Part II, we take a look at the recent products and initiatives of Bolero and essDOCS, two of the first generation eBL providers. We also take a look at cyber risks again and at whether the paper BL, as a tool, is still fit for purpose in today’s international trade.