MLASA ANNUAL CONFERENCE AND AGM FRANSCHOEK, WESTERN CAPE AUGUST 2010
Introduction
The Maritime Law Association of South Africa (“MLA”) recently held its annual conference and AGM from the 20th to the 22nd August 2010 at the Le Franschoek Hotel and Spa in the winelands of the Western Cape. The hotel was previously known as the Swiss Farm Excelsior and certainly the venue and conference lived up to “Excelsior” – “Ever Higher”.
The conference attracted one of its biggest attendances in recent years with close to 100 persons in attendance. Among those participating, were Justices Ian Farlam, Douglas Scott, Lee Bozalek, Patric Gamble and Ashley Binns Ward.
[Click here for the conference program and discussion documents distributed beforehand].
Day One
After lunch on day one the conference kicked off with two vigorous sessions on wide ranging proposed amendments of the Admiralty Jurisdiction Regulation Act (“AJRA”), with an extra session on the afternoon of day two which was utilised particularly in respect of the debate on Section 6.
It is safe to say that following excellent input from members, including invaluable comments from Judges Scott and Farlam, these sessions dealt comprehensively with the proposed amendments with the highlight being an almost complete redraft of the infamous Section 6.
Day one ended on a high note with a cocktail party followed by a formal dinner. Gavin Fitzmaurice, the Cape Chapter Chairperson, welcomed all those attending and delegates were then treated to an excellent keynote address by Justice Doug Scott dealing with recent developments in our law relating to the effect of the Constitution and Bill of Rights on the privacy of contracts.
Day Two
On this day we were privileged to have the working sessions dominated by foreign lawyers. Chris Swart, a partner at Holman Fenwick Willan Solicitors in London (an old Capetonian), enlightened members on mediation and its use in modern day alternative dispute resolution.
Thereafter, Simon Gault. and renowned maritime arbitrator, explained very thoroughly the ins and outs of the London arbitration procedure and focused on certain aspects. A panel discussion followed with further input from Michelle Linderman, a partner at Ince & Co, Andrew Nicholas, a partner at Clyde & Co and holding up the South African corner, Matt Ash, a director of Deneys Reitz attorneys in Cape Town.
Although arbitration is certainly an avenue to pursue further in the South African context, in the last working session, Adv. David Gordon S.C. reminded members, in his usual frank manner, that arbitration should not be seen as the be all and end all, but rather as complimentary to the current Court process.
The festivities of day two were sparked by a unique wine tasting and chocolate pairing presentation by Kevin Arnold, the winemaker at the Waterford Wine Estate in Stellenbosch. As one taster commented, the combination of wine and chocolate, started “a party in the mouth”.
The least said about the South African vs. New Zealand rugby test the better. Save to say that the biltong was sent down the line very efficiently and the beer certainly defended well.
The MLA gala dinner found all delegates and their partners “shipwrecked” at the “Excelsior Room”, wet and cold from the Cape winter rains. Adv. Mike Fitzgerald S.C. warmed the hearts with a fitting yet entertaining tribute to MLA founder member, Noel Tunbridge. Unfortunately Noel could not be present, but an award was accepted on his behalf by colleague Craig Cunningham.
Dinner and dancing – in a spectacularly decorated venue – with a few glasses in between, took us through to the early hours of day three. The pictures will tell this story best!
[Click here for Gala Dinner photographs]
Day Three
The morning on day three came too soon for some, but it appeared as though the storm was weathered admirably by all members.
The Rotterdam Rules were dissected in the first session of the day by Harmen Hoek, a Partner at Schipper Noordam of Rotterdam. This presentation spurred constructive dialogue on the pro’s and con’s of the Rules, with insightful comment from Andrew Nicholas from Clyde & Co.
The last paper presented was by Michelle Linderman of Ince & Co (“Winner of the fancy dress competition for the second year running”). Her talk dealt with the wide ranging effect of the sanctions against Iran, and in particular how they affect the shipping industry.
Clearly these sanctions could potentially affect all export nations but their ramification will no doubt depend on the level of enforcement by the USA, in particular, as well as the extent to which other nations feel obliged to recognise such sanctions. They are already proving to be a challenge for global institutions who are conscientious when it comes to good corporate governance.
The conference closed on the third day with the Annual General Meeting of the MLA.
Although, the AGM illustrated the substantial workload of the MLA and its committees throughout the year, the AGM will best be remembered for saying farewell to Andrew Robinson as Chairman and Andrew Clark as Treasurer, both of whom had reached the end of their tenure in terms of the MLA Constitution Articles. The “Andrews” are to be congratulated for their thorough, consistent and inspiring contributions over the years.
Congratulations to the elected EXCO with new President Adv. Mike Wragge S.C. and new Vice-President, Capt. Roy Martin.
[Click here for the new EXCO details]
A strong administrative and intellectual foundation has been laid for the EXCO and its sub-committees to follow through on ongoing tasks and to advance its input further in the ever changing and challenging maritime sector.
[Click here to access minutes of the MLA 2010 AGM including sub-committee and related reports]
Finally, congratulations to Gavin Fitzmaurice and Adv. Mike Wragge and their organising committee as well as to the organiser, Alexi Price for what was arguably one of the best MLA conferences to date.
Executive Committee
The Maritime Law Association of South Africa