Managing Claims in Large Incidents. Petroleum Association of Japan 28 February José Maura International Oil Pollution Compensation Funds

Similar documents
COMPENSATION REGIMES OUTLINE OF PRESENTATION

The International Group

OUTLINE FOR PRESENTATION

Emerging Challenges and Recent Developments Affecting Transport and Trade Facilitation

1992 FUND SIXTH INTERSESSIONAL WORKING GROUP:

Guidance for Member States Measures to facilitate the claims handling process

INTERIM PAYMENTS. Note by the Chairman of the Consultation Group on interim payments. (b) authorise the Director to sign the Agreement.

International Group of P&I Clubs. HNS - Rome workshop

AN OVERVIEW OF THE HNS CONVENTION

Main reasons for the changes introduced into the 1996 Convention by the 2010 Protocol

SCOPE OF COMPENSATION FOR ENVIRONMENTAL DAMAGE UNDER THE 1992 CIVIL LIABILITY CONVENTION AND THE 1992 FUND CONVENTION

INCIDENTS INVOLVING THE IOPC FUNDS 1992 FUND

SOLAR 1. document: Objective of. so far: Work. actions in. Action to be. taken: 1 Summary of the. incident

1992 FUND SIXTH G GROUP PAYMENTS. Summary: I; and. at Annex. instructed. IOPC/APR12/10/4 2 April Agenda. item: 10 92AES17 92WG6/4 92WG7/1

Incidents involving the IOPC Funds

International Oil Pollution Compensation Funds. Annual Report

GRANT OF OBSERVER STATUS

POLLUTION LIABILITIES

NORTH RESIDENTIAL TRAINING COURSE 2018 POLLUTION. Catherine Doyle, Michelle Foster and Eamon Moloney

Oil Spills and Compensation Systems

TIGER: Tracking Indexes for the Global Economic Recovery By Eswar Prasad and Karim Foda

Consultation Document New Zealand s accession to the Supplementary Fund Protocol

Financial & Business Highlights For the Year Ended June 30, 2017

Maritime Liability and Compensation Conventions. David Baker International Group of P&I Clubs

SMALL TANKER OIL POLLUTION INDEMNIFICATION AGREEMENT (STOPIA)

INCIDENTS INVOLVING THE 1971 FUND

INCIDENTS INVOLVING THE IOPC FUNDS 1992 FUND

International Oil Pollution Compensation Funds. Annual Report 2017

2017 FINANCIAL STATEMENTS AND AUDITOR S REPORT AND OPINION

International Oil Pollution Compensation Funds. Annual Report

Annual Report INTERNATIONAL OIL POLLUTION COMPENSATION FUNDS

XML Publisher Balance Sheet Vision Operations (USA) Feb-02

MARITIME LAW REFORM Discussion Paper

REVIEW OF THE INTERNATIONAL COMPENSATION REGIME

INCIDENTS INVOLVING THE IOPC FUNDS 1992 FUND

INCIDENTS INVOLVING THE IOPC FUNDS 1992 FUND

The Regime for Liability and Compensation for Oil Pollution Damage from Ships

OTHER DEPOSITS FINANCIAL INSTITUTIONS DEPOSIT BARKAT SAVING ACCOUNT

TO ALL MEMBERS. February Dear Sirs, STOPIA 2006 AND TOPIA 2006

THE INTERNATIONAL COMPENSATION REGIME AND THE ACTIVITIES OF THE INTERNATIONAL OIL POLLUTION COMPENSATION FUNDS

Performance Report October 2018

PHOENIX ENERGY MARKETING CONSULTANTS INC. HISTORICAL NATURAL GAS & CRUDE OIL PRICES UPDATED TO July, 2018

Canada s Ship-Source Oil Spill Preparedness and Response

Spheria Australian Smaller Companies Fund

International Oil Pollution Compensation Funds. Claims Manual. October 2016 Edition

Offshore Activities responses to Questionnaire.

PROPOSAL FOR A DIRECTIVE OF THE EUROPEAN PARLIAMENT AND COUNCIL ON CIVIL LIABILITY AND FINANCIAL GUARANTEES OF SHIPOWNERS FREQUENTLY ASKED QUESTIONS

TO ALL MEMBERS AND BROKERS. 29 July Dear Sirs

Cement and Clinker Price Markers: Med Basin, Persian

STOPIA 2006 and TOPIA 2006 <1>

RECORD OF DECISIONS OF THE THIRD EXTRAORDINARY SESSION OF THE ASSEMBLY

PROTECTION AND PRESERVATION OF THE MARINE ENVIRONMENT

Need for Foreign Nuclear Liability Insurance

RECORD OF DECISIONS OF THE SECOND SESSION OF THE ADMINISTRATIVE COUNCIL

Monetary Policy: A Key Driver for Long Term Macroeconomic Stability

THE HNS PROTOCOL. by Dr. Rosalie P. Balkin Director Legal Affairs and External Relations Division International Maritime Organization

INCIDENTS INVOLVING THE IOPC FUNDS 1992 FUND

The Korean Economy: Resilience amid Turbulence

RECORD OF DECISIONS OF THE NINETEENTH SESSION OF THE ADMINISTRATIVE COUNCIL

International Travel & Tourism Study (Published March 2005)

Development of Economy and Financial Markets of Kazakhstan

Review of Registered Charites Compliance Rates with Annual Reporting Requirements 2016

Forecasting Emerging Markets Equities the Role of Commodity Beta

December Overview. Table 1.1 Overview trends for Domestic, Export and Import trade

Real Effective Exchange Rate based on CPI as Price Index for India*

April Domestic Exports Imports. Volume Tonnes SW. MAT Apr-16 4, ,332 33, , % Change 2.8% 4.3% 12.6% 5.9% 2.9% 4.

Industry Trends Watch

EXPLANATORY NOTE. February 2018

March Domestic Exports Imports. Volume Tonnes SW. MAT Mar-16 4, ,322 32, , % Change 3.8% 5.2% 13.2% 8.0% 1.1% 1.

INCIDENTS INVOLVING THE IOPC FUNDS 1992 FUND

Some Historical Examples of Yield Curves

RECENT EVOLUTION AND OUTLOOK OF THE MEXICAN ECONOMY BANCO DE MÉXICO OCTOBER 2003

Global Marine Environment Protection (GMEP) Initiative: G20 Response to the oil spill accident at Deepwater Horizon platform in the Gulf of Mexico

RECORD OF DECISIONS OF THE APRIL 2016 SESSIONS OF THE IOPC FUNDS GOVERNING BODIES

May Domestic Exports Imports. Volume Tonnes SW. MAT May-14 4, ,960 38, ,

Chart Collection for Morning Briefing

Business & Financial Services December 2017

STOPIA 2006 (as amended 2017) and TOPIA 2006 (as amended 2017) 2017 amendments

Big Walnut Local School District

POST SPILL ENVIRONMENTAL MONITORING

December Domestic Exports Imports. Volume Tonnes SW. MAT December-14 4, ,192 39, ,

December Overview. Table 1.1 Overview trends for Domestic, Export and Import trade

Monthly Rolling Economic Electronic Presentation August 2017

MEASURES TO STRENGTHEN INTERNATIONAL CO-OPERATION IN NUCLEAR SAFETY AND RADIOLOGICAL PROTECTION. and

Quarterly Investment Update First Quarter 2017

WESTWOOD LUTHERAN CHURCH Summary Financial Statement YEAR TO DATE - February 28, Over(Under) Budget WECC Fund Actual Budget

Guide to Bulgarian Tax Law Research

Outlook 2015: Europe & Germany

TERMS OF REFERENCE FOR THE INVESTMENT COMMITTEE

Quarterly Statistical Digest

[ ] Deduction for income earned in certain foreign states. (Foreign Earnings Deduction) - Section 823A TCA 1997

INTERNATIONAL OIL POLLUTION COMPENSATION FUND 1993.

SPECIAL REPORT: U.S. ALUMINUM IMPORT MONITOR. Data through May Issued: July 2018

FOR RELEASE: MONDAY, MARCH 21 AT 4 PM

1Q of FY ending December 31, (0.2) (1.9) 11.3 (0.2) (0.2) (0.2) (0.2) (1.2) (89.2) 0.1

Transport Canada Update. CBMU Fall Conference 2018

Circular Ref: 11/12 SEPTEMBER 2012

January 2005 Euro-zone external trade deficit 2.2 bn euro 14.0 bn euro deficit for EU25

Cost Estimation of a Manufacturing Company

March 2005 Euro-zone external trade surplus 4.2 bn euro 6.5 bn euro deficit for EU25

Transcription:

Managing Claims in Large Incidents Petroleum Association of Japan 28 February 2013 José Maura International Oil Pollution Compensation Funds

The international compensation regime History 1969 Civil Liability Convention 1971 Fund Convention (ceased to be in force in 2002) Previous regime Current regime 1992 Civil Liability Convention 1992 Fund Convention 2003 Supplementary Fund Protocol Supplementary Fund

The compensation regime How does it work? Compensation regime Source of money Paying organism Third tier Supplementary Fund Oil receivers in Member States Supplementary Fund Second tier 1992 Fund Convention Oil receivers in Member States 1992 Fund Claimants First tier 1992 Civil Liability Convention Ship owner (strict liability) Insurance (P&I Clubs)

1992 Civil Liability Convention First Tier Strict liability of registered shipowner. No fault required. Very few exceptions Limitation of liability based on the gross tonnage of the ship Shipowners required to have third party liability insurance

1992 Fund Convention Second Tier What When Not applicable Kicks in when compensation under the first tier is insufficient Shipowner is exempt under the 1992 Civil Liability Convention Damage occurs in non-member State Maximum compensation is 203 million SDR, including the amount already paid under CLC Shipowner is financially incapable Damage is caused by an act of war or spill from a warship Creates the 1992 Fund Damage exceeds the shipowner s liability Claimant cannot prove it came from a ship

Supplementary Fund Third Tier Protocol establishing a Supplementary Fund entered into force in 2005 Maximum compensation 750 million SDR (USD 1 159 million), including amounts payable under 1992 Conventions Contributions from oil receivers in State Parties to Supplementary Fund Protocol

SDR (millions) Compensation limits Laid down by the Conventions 1992 Civil Liability Convention 1992 Fund Supplementary Fund 750 m Supplementary Fund 0 1992 Fund 1992 CLC 5 140 Gross Tonnage (x 1 000 tonnes) 203m 135 m

How does the IOPC Funds work? IOPC Funds Governing Bodies 1971 Fund Administrative Council 1992 Fund Assembly 1992 Fund Executive Committee Supplementary Fund Assembly Fund Lawyers Technical Experts Local Claims- Handling Office Secretariat 29 staff Investment Advisory Body Audit Body

The Member States February 2013 1992 Fund Convention (109 Member States) 1992 Civil Liability Convention (130 States) Supplementary Fund (28 States) 1969 Civil Liability Convention (36 States)

Claims and compensation Open incidents 1971 Fund 1992 Fund Vistabella France,1991 Erika France, 1999 Aegean Sea Spain, 1992 Iliad Greece, 1993 Plate Princess Venezuela, 1997 Nissos Amorgos Venezuela, 1997 Prestige Spain, France, Portugal, 2002 Solar 1 Philippines, 2006 Hebei Spirit Republic of Korea, 2007 Volgoneft 139 Russia, 2007 Presidente Ilia Argentina, 2007 King Darwin Canada, 2008 JS Amazing Nigeria, 2009 Redfferm Nigeria, 2009 Alfa 1 Greece, 2012

Major incidents and compensation Amount paid in claims (includes shipowner s contribution under CLC) 160 140 120 100 142m 111m 99m (so far) 104m (so far) 80 60 52m 40 20 0 Braer (UK, 1993) Nakhodka (Japan, 1997) Erika (France, 1999) Prestige (Spain, France and Portugal, 2002) Hebei Spirit (Korea, 2007) millions

Hebei Spirit Republic of Korea, December 2007 Approximately 10 900 tonnes of crude oil spilled CLC limit was 89.8 million SDR (approximately KRW 186.8 billion) Special Law to compensate victims of the spill Korean Government decides to stand last in the queue with its claims 128 400 claims assessed for KRW 180.8 billion c Taean, Republic of Korea 7 December 2007 KRW 171.9 billion paid

Hebei Spirit Republic of Korea, 2007 Claim assessment teams Komos, Hyopsung, Spark, Inteco, Homarus, CMA, ITOPF Four local companies and international experts carry out assessments Claims managers from IOPC Funds and P&I Club 75 experts (mainly Korean) Local claims office ( Hebei Spirit Centre ) Limited evidence of loss Non-licensed activity Large number of claims for small amounts

Working Groups Large number of claims for small amounts Dramatic rise in the number of claims for small amounts, particularly where claimants could not prove losses Erika (1999): 7 000 claims Solar 1 (2006): 32 000 claims Hebei Spirit (2007): 128 000 claims Each claim has to be individually assessed In 2009, Working Group was established To make recommendations to Assembly on how make the compensation regime more efficient for the benefit of claimants

Working Group Large number of claims for small amounts 1. The role of Member States 2. Existing practices 3. Changes to the Claims Manual 4. Amendments to the Conventions

Deepwater Horizon United States, April 2010 c Not a spill from ship Not a Member State CLC/Fund not applicable Large incident International interest Large number of claims New demands for fast and efficient compensation Gulf of Mexico, USA 20 April 2010

Hebei Spirit Claims progress 35,000 30,000 25,000 20,000 Claimed 15,000 10,000 5,000 Assessed - Mar-08 Jun-08 Oct-08 Mar-09 Jun-09 Oct-09 Jun-10 Oct-10 Mar-11 Jul-11 Oct-11 Apr-12 Oct -12

24-Aug 31-Aug 07-Sep 14-Sep 21-Sep 28-Sep 05-Oct 12-Oct 19-Oct 26-Oct 02-Nov 09-Nov 16-Nov 23-Nov 30-Nov 07-Dec 14-Dec 21-Dec 28-Dec 04-Jan 11-Jan 18-Jan 25-Jan 01-Feb 08-Feb 15-Feb 22-Feb 01-Mar 08-Mar 15-Mar Deepwater Horizon Claims progress 600,000 500,000 1 million claims processed between Aug 2010 Mar 2012 400,000 300,000 Total Unique Claimants 200,000 100,000 Total Paid Claimants 0

Working Group s proposal The role of Member States Stand last in the queue MoU with domestic insurance companies Access to statistical data Grouping of claims and claimants Standard reference prices Reimbursement of overpayment of interim payments National expert list and expert mediation panel Use of social security system

Working Group s proposal Existing practices 1. Partnership with commercial adjusters and accountants 2. The use of economic models 3. Outsourcing 4. Remuneration of experts 5. Claims Manual and claims forms in languages of Member States

Working Group s proposal Large number of claims for small amounts Revision to Claims Manual Fast track' assessment of claims Fraudulent claims Target time frame for assessing claims Use of economic models Guidance documents To set out the various tools that Member States could use in the event of an oil spill To assist on presenting claims in the tourism sector Issue of interim payments still to be resolved

Deepwater Horizon Gulf Coast Claims Facility Three options offered to claimants Interim Payment Claims Covers only past damages & requires documentation of loss Doesn t require signing a release Claimants can reapply for additional interim damages every quarter Quick Payment Final Claims Pays $5 000 for individual claimants, $25 000 for business claimants Requires signing a release & covenant not to sue Full Review of Final Payment Claims 1 million claims processed $6.2 billion paid between Aug 2010 - Mar 2012 (on average 1 500 claims/day) Submit documentation of loss & receive a lump sum payment for all past and future losses Requires signing a release & covenant not to sue

KRW (billion) Hebei Spirit Claims and assessed losses 4,500 4,000 4,023 billion 3,500 3,000 2,500 2,000 2,774 billion 1,500 1,000 322 billion 500 0 180 billion 736 billion Assessed by the Fund Assessed by Court Claimed in Hebei Spirit Centre Claimed in Limitation Proceedings

The international compensation regime Conclusions More than 140 incidents great and small, in over 30 years Flexible enough to adapt to changing circumstances Identifying and preparing for new threats Constantly under review to ensure it meets the needs of society in the 21 st century

www.iopcfund.org José Maura Director International Oil Pollution Compensation Funds