The incident involved a collision with a dive support craft owned/operated by the GCPI (General Company for Ports of Iraq) in August 2017. The Royal Arsenal, with the compulsory Iraqi Pilot on board supervising the navigation, had collided with the Al Misbar, which was being used to ferry port employees from an offshore oil terminal. The smaller vessel overturned and many of the 23 passengers and 8 crew were trapped in the hull. Despite the rescue efforts of the GCPI salvage teams, 21 personnel died.
Since the incident, no quantified claims have been filed at Court or requests for security presented and the vessel has been forced to remain at Umm Qasr.
Iraq's Transport Minister, Kazem Finjan, has directed that compensation be paid to the victims' families, which in addition to a cash payment from the GCPI includes land for a new home and employment at the GCPI for a family member. Accrued retirement benefits will also be paid.
The families have made large unsubstantiated claims for additional compensation from the Royal Arsenal, whilst the GCPI have failed to quantify any of their alleged claims. The latter appears to be compounded due to the report that the reinsurers of the Al Misbar have raised issues in relation to how she was operated/managed as she was not a designated transportation vessel.
The Royal Arsenal’s Master was detained pending further investigation and released on bail after three days.
Little substantive progress has been made before the local Courts and in appeals to the Court of Cassation in Baghdad and the Owners are now commencing proceedings before ITLOS (International Tribunal for the Law of the Sea) in Hamburg based on breaches of the United Nations Convention on the Law of the Sea by the Iraqi authorities.
Blue Fleet Group md Roy Khoury slammed the Iraqi authorities. “It is deeply regrettable that a functioning maritime state such as Iraq who wishes to be regarded as such by the international maritime community is so dysfunctional and unable to address such claims properly and in accordance with international practice and the UN Conventions,” he said.
“We felt that other operators should be made aware of the problems and losses we have incurred because we traded the vessel to an Iraqi Port," Khoury warned, pointing out that its crew and representatives have not only been unable to leave Iraq but also faced threats of violence.
“This is in clear violation of Iraq's obligations under UN treaties. Despite the Transport Minister declaring last August that he was going to be personally involved, so far his involvement has been ineffective and no one at the GCPI is prepared to make a decision. As a result, we are unable to either post security or resolve the claims to the benefit of the claimants, and allow the vessel and her crew to depart Iraq," Khoury reiterated.
The owners and West of England P&I Club want to settle all claims on a basis which reflects the merits and the failings of the GCPI. To date, discussions to date have not been successful since the demands of the claimants have far exceeded the value of the vessel.
Copyright © 2024. All rights reserved. Seatrade, a trading name of Informa Markets (UK) Limited. Add Seatrade Maritime News to your Google News feed.
