Malacca

Special Casualty Representatives (“SCR”) and representatives for hull and cargo were introduced and marine property underwriters’ access to information about the services was improved.  SCOPIC was warmly welcomed by the maritime community but experience gained through its use identified a number of matters which needed clarification to confirm the original intent behind SCOPIC and a number of gaps which needed to be filled in the wording of SCOPIC, particularly in Appendix A (Tariff Rates). To this end the SCOPIC drafting sub-committee produced an amended version of SCOPIC (“SCOPIC 2000”) which came into effect on 1st September 2000. In view of the above mentioned changes to the LOF contract, it was decided to revise the SCOPIC clause, despite the fact that less than half of the 2 year trial period has expired. The principal reason for this was that the SCOPIC clause specifically referred to LOF 95 and therefore needed amendment to take LOF 2000 into account. However, it meant that, at the same time, the opportunity could be taken to make certain clarificatory changes to answer criticisms that parts of the SCOPIC clause mechanism are unclear. A very important case concerning Articles 13 and 14 of the International Salvage Convention, incorporated in LOF 90 came before the House of Lords in The Nagasaki Spirit (1997). On 19 September 1992, the Nagasaki Spirit collided with the container ship Ocean Blessing in the northern part of the Malacca Straits. At the time, she was part laden with a cargo of 40,154 tons of crude oil and, as a result of the collision, about 12,000 tons were released into the sea and caught fire. Both ships were engulfed by fire, only two members of the crew of the Nagasaki Spirit survived the fire; all the crew of the Ocean Blessing lost their lives.