父亲节快乐 Happy Father's Day

父亲节快乐

Happy Father's Day

Cheers! Cheers! Cheers!

Maersk joins CMA-CGM on FAL3 service

Maersk is becoming a vessel deployer on the CMA-CGM's Asia/ Europe FAL3 service from the beginning of July 2009. Maersk shall phase in a 9,600 TEUs vessel, which has previously deployed on the CMA CGM FAL1 service, from Qingdao on 7 July 2009.

For Maersk, the service will be operated as the AE23 service. An existing call on the FAL3/ AE23 service at Xiamen will be dropped and a new call at Chiwan will be introduced in mid-July 2009. Nine vessels averaging 8,740 TEUs weekly capacity will run the service, offering direct calls at Qingdao, Ningbo, Chiwan, Nansha, Yantian, Port Klang, Malta, Le Havre, Dunkirk, Zeebrugge, Hamburg, Rotterdam, Zeebrugge, Southampton, Beirut, Jeddah, Port Klang, Chiwan and Qingdao.


Source: PR News/ Copy 6055/ 14 May 2009

MSC back into Asia/Black Sea trade with the resurrected Tiger Service

It's less than six months after suspending its Asia/ Black Sea Tiger Service, a move that took nearly 7,000 TEUs of weekly capacity out of the trade, Mediterranean Shipping Co (MSC) is resurrecting its Black Sea service and will resume offering direct calls at Istanbul, Constantza, Odessa and Ilyichevsk.

The re-instated Tiger Service will begin with the first westbound sailingfrom Ningbo on 22 May 2009 by the 6,732 TEUs MSC Alessia. Port rotation on the Tiger Service in the Mediterranean rotation shall include Beirut, Istanbul, Constantza, Odessa and Ilychevsk.

Source: PR News/ Copy 6054/ 13 May 2009

K Line continues Europe/ ISC service through SCI slot deal

K Line purchases slots on the newly-launched Shipping Corporation of India (SCI)/ Mediterranean Shipping Co (MSC) Europe/ Indian Sub-Continent service, a move that ensures the line will continue to serve the Europe/ ISC trade following the ending of the present ISES service between K Line, SCI and YML.

The K Line slot agreement is with SCI, and does not involve MSC. The present ISES service will end with the last westbound sailing expected to arrive in north Europe in early June. Under the new MSC/ ISC service, that will also operate under the name of ISES, the port coverage will be: Nhava Sheva, Mundra, Salalah, Port Said, Barcelona, Hamburg, Rotterdam, Felixstowe, Port Said, Jeddah, Colombo and Nhava Sheva.

Seven vessels averaging 4,300 TEUs will eventually be deployed, with the split being four from SCI and three from MSC. SCI will also offer direct calls at Gothenburg, but that call will not involve K Line. For MSC, the new ISES service is in addition to its own India/ Pakistan service known as the IPAK service, which is being upgraded from 4,300 TEUs to 6,300 TEUs vessels. The port coverage for this service will continue as Nhava Sheva, Gioia Tauro, Valencia, Felixstowe, Antwerp, Jeddah, Salalah, Mundra and Nhava Sheva.


Source: PR News/ Copy 6051/ 13 May 2009

Push up China/ Indian Sub-Continent capacity

Wan Hai, Evergreen and Hapag-Lloyd are increasing the capacity on the China/ India trade by over 60% replacing vessels of 1,600/1,800 TEUs with larger units of 2,300/3,300 TEUs on their joint China India Express (CIX) service.

Ports of call for the CIX include Kaohsiung, Hong Kong, Shekou, Singapore, Port Kelang, Colombo, Nhava Sheva, Port Kelang, Singapore and Kaohsiung.


Source: PR News/ Copy 6047/ 12 May 2009

YML & OOCL to double China/Pakistan capacity

YML and OOCL intend to double the capacity on their jointly-operated China/Pakistan Express (CPX) from the end of May 2009. Presently, the CPX service is operated with five vessels between 1,500 and 1,800 TEUs capacity, but through late May and June 2009, the Lines concerned will phase in vessel replacements between 2,700 and 3,600 TEUs capacity, boosting weekly capacity from the present 1,730 TEUs to 3,400 TEUs

The CPX will also include a new eastbound call at Nhava Sheva starting with the first call on 9 June 2009. The CPX shall thus cover Shanghai, Ningbo, Shekou, Karachi, Mundra, NhavaSheva, Penang, Port Kelang, Singapore, Hong Kong and Shanghai.


Source: PR News/ Copy 6045/ 11 May 2009

Job Opportunities in Logistics & Transportation

An established Logistics Group requires

a) Sales & Marketing Executive(s) - Shah Alam/ Penang/ Johor

b) Customer Services Executive(s) - Shah Alam

c) Accounts Executive(s) - Shah Alam

For those who are interested, with or without experience, are invited to submit their application(s) with the relevant CV(s), to chang@sis.net.my as soon as possible.

# Fresh graduates in the related fields:

a & b) Logistics/ Transport/ Marketing/ Business/ Social Sciences

c) Finance/ Accounting

from the recognized institutions or universities

are encouraged to apply.

Grand Alliance and CKYH Alliance join efforts

PR News Service has learned that, the Grand Alliance is going to join up with the CKYH Alliance on the China North East Pacific (CEN) service on the Asia/ US West coast trade from the end of this month.

The CEN service has historically been a COSCO Container Lines operated service under the CKYH Alliance, but from the end of May, the Grand Alliance Lines will begin phasing in three 5,000/6,000 TEUs vessels, with the first, the 6,148 TEUs NYK Canopus expected to sail from Dalian on 30 May 2009.

All three vessels, which include the 5,888 TEUs siser vessels, OOCL Antwerp and OOCL Vancouver, are being switched from the Middle East Asia Express (MAX), which as reported (Copy 6042, 8 May 2009), is also becoming an OOCL, TSK (NYK), COSCO-operated service initially with COSCO capacity previously deployed on the CEN service.

The five vessels necessary to run a weekly service will be completed with two further vessels from Hanjin The CEN service offers direct port calls at Dalian, Tianjin, Qingdao, Shanghai, Prince Rupert, Long Beach, Oakland, Yokohama and Dalian.

The vessel deployment on the CEN will be, as follows:-

OOCL Antwerp - 5,888 TEUs

OOCL Vancouver - 5,888 TEUs

NYK Canopus - 6,148 TEUs

Hanjin Ottawa - 5,608 TEUs

Hanjin Basel - 5,752 TEUs

Weekly capacity: 5,856 TEUs

Source: PR News/ Copy 6044/ 11 May 2009

Happy Mother's Day

从第一次拥抱，第一次摇篮曲...

总说，妈妈是最强的... 最关心我们的

她拥有平衡我们人生的作用

母亲节，让你妈妈感到特别的暖和

感谢她... 她暖呼呼的照顾方式

母亲节, 表达你真诚的母亲节问候... 让她微笑

让妈妈永远的高高兴兴!

She balances so many roles and does it all with a smile
She is your friend and is also your caring Mummy
She has her hand full and her heart is overflowing with love
Just show your sincere appreciation for her
on this Special Day...

Happy Vesak Day!

OOCL, TSK & COSCO shall launch new Far East/Middle East service

OOCL, TSK Line (NYK) and COSCO Container Lines (COSCO), are launching a new Far East/ Middle East service, which is known as the Middle East Express (MEX) service, with five vessels of 7,500 TEUs capacity.

The new service will start with the first westbound sailing from Shanghai on 17 May 2009 and will replace the existing Middle East Asia Express (MAX) service, which is presently run by OOCL and TSK with 5,500 TEUs vessels.

Emirates Shipping will have slots on the MAX service.

The port coverage of the new MEX service shall be Shanghai, Ningbo, Hong Kong, Shekou, Singapore, Jebel Ali, Dammam, Singapore, Hong Kong and Shanghai.

This is a good sign for the logistics industry as a whole.

Source: PR News/ Copy 6042/ 8 May 2009

CKYH Alliance suspends Pacific Northwest service

The CKYH Alliance lines (COSCO, K Line, YML, Hanjin), are going to suspend their joint Pacific Northwest 3 (PNW3) service, which covers the Far East/ Tacoma/ Vancouver trade, from this month.

The last outbound sailing from Kaohsiung is expected to sail on 11 May 2009 and the withdrawal of the service takes a further 3,800 TEUs weekly capacity, out from the Pacific Northwest trade route.

The port coverage of PNW3: Kaohsiung, Shanghai, Ningbo, Pusan, Tacoma, Vancouver, Pusan, Kaohsiung. The service deploys five YML vessels with the other alliance Lines taking slots. Both Tacoma and Vancouver continue to be served by the restructured K Line PNW service, the transpacific part of the terminated PDM USWC/ Asia/ Europe loop, which was terminated back in February/March

Source: PR News/ Copy 6041/ 8 May 2009

MISC leaves Europe/ Indian Sub-Continent service

MISC is leaving the Hapag-Lloyd/ Hamburg-Sud Indian Ocean Service (IOS)/ Europe/ Pakistan/ India service as a slot purchaser from June 2009.

MISC has a short term agreement with the Lines, to purchase slots on the service following the ending of its involvement as a vessel deployer in the joint ISES service run by YML, K Line and SCI, which is now closing down.

Instead of having a direct Europe/ Indian sub-continent service, MISC will, from next month, tranship westbound ISC volumes over Singapore onto one of the five Asia/ North Europe/ Mediterranean services of the Grand Alliance (GA).

Sources say, the utilisation on services on this trade, is presently ranging between 55-60%.

Last direct sailing for MISC will be Eastbound from Hamburg on 5 June 2009 and Westbound from Karachi on 6 June 2009.


Source: PR News/ Copy 6035/ 6 May 2009

Safmarine becomes a vessel operator on the Far East/Mediterranean trade

Safmarine is on the way becoming a vessel operator on the Far East/Mediterranean trade through the deployment of two 6,500 TEUs vessels on the new Maersk/ CMA CGM joint service. The Maersk involvement is being upgraded to a vessel sharing agreement from mid-May 2009, and Safmarine shall endorse its brand name on the service with the deployment of the 6,500 TEUs recently-delivered, Safmarine Kariba and Safmarine Kolmati from the beginning of June and July 2009 respectively.

Both Safmarine vessels are being switched from the Far East/ Central America service known as the AC2 that covered Far East/ Southeast Asia/ Lazaro Cardenas and Balboa.

Safmarine and Maersk will market the joint service as the Asia Europe 12 (AE12), and CMA CGM will retain the brand name of the New Phoex/Levex service.

Full vessel deployment from July 2009, shall be as follows:

CMA CGM Bizet - 6,627 TEUs
CMA CGM Balzac - 6,627 TEUs
CMA CGM Berlioz - 6,627 TEUs
CMA CGM Corneille - 6,447 TEUs
Maersk Kinloss - 6,478 TEUs
Maersk Kensington - 6,478 TEUs
Safmarine Kariba - 6,477 TEUs
Safmarine Komati - 6,477 TEUs

(Future) Average weekly capacity: 6,522 TEUs
(Present) Average weekly capacity: under CMA CGM vessel deployment : 4,308 TEUs

Direct port calls shall be Shanghai, Pusan, Hong Kong, Chiwan, Chiwan, Tanjung Pelepas, Port Kelang, Port Said, Damietta, Trieste, Koper, Rijeka (feeder connection), Damietta, Port Saidm Jeddah, Port Kelang, Singapore and Shanghai.


Source: PR News/ Copy 6029/ 30 April 2009

Hamburg-Sud joins GA/Zim Atlantic service

Hamburg-Sud is to join the Grand Alliance Lines and Zim Integrated Shipping Services on the Atlantic Express (ATX) service from mid to late June 2009. Hamburg-Sud will initially purchase slots on the service, but at some later stage, could become a vessel operator.

The ATX service operates with four x 4,100/4,500 TEUs vessels with Hapag Lloyd deploying two vessels, and OOCL and Zim one each.

Port coverage for this service is : Rotterdam, Hamburg, Le Havre, Southampton, New York, Norfolk, Charleston, Rotterdam.

The move comes less than a month after Hamburg-Sud announced it would launch its own transatlantic service as part of the restructured Trident service covering theEurope/ US/ Australasia trade.


Source: PR News/ Copy 6028/ 30 April 2009

PhD in Transportation/ Logistics/ Suppy Chain Management in Malaysia

Malaysia, reaching the age of 52 soon, should now be equipped with the necessary resources in all areas, including the pool of professionals or experts in logistics and transportation. But, despite the fact that logistics and transportation play an important role in the economic growth and international trading, the prominence is reasonably not there. They elevate the level of success and are well regarded as indispensible in the country.

Malaysia is very much in deficiency of such "authorities in logistics and transportation", especially those with a PhD in Transportation/ Logistics/ Suppy Chain Management. Of course, those are considered as professional logisticians, too.

There may be less than 20 PhDs in the related field(s) in Malaysia now?! Yes, to my best of knowledge and belief, there are very much less than 20 PhD holders of such in Malaysia. Some of those are as follows:-

01. Deputy Minister of MOE - Datuk Ir Dr Wee Ka Siong PhD

02. MOHE - Prof Dato’ Ir Dr Radin Umar Radin Sohadi PhD (formerly UPM)

03. MIROS - Prof Dr Ahmad Farhan Mohd Sadullah PhD (formerly USM)

04. USM - Prof Dr Meor Othman Hamzah PhD

05. USM - Assoc Prof Dr Hassim Mat PhD

06. USM - Dr Leong Lee Vien PhD

07. UNIMAS - Prof Dr Wan Hashim Wan Ibrahim PhD

08. UKM - Prof Ir Dr Riza Atiq O K Rahmat PhD

09. UKM - Prof Dr Ghani Md Nor PhD

10. UTM - Prof Dr Ho Chin Siong PhD, CMILT

11. UTM - Prof Dr Abdullah Ab Rahman PhD

12. UTM - Assoc Prof Dr Othman Che Puan PhD

13. UTM - Assoc Prof Dr Abdul Aziz Chik Ph.D

14. UTM - Dr Muhammad Zaly Shah PhD, CMILT

15. UM - Prof Dr Jamaliah Muhamad PhD, CMILT

16. UiTM - Dr Harlina Suzana Jaafar PhD, CMILT

17. UiTM - Dr Muhammad Akram Adnan PhD

Yes, it's very much in insufficiency. Anyway, almost all of them are having majored in road transportation or traffic engineering. Hopefully, Malaysian universities regardless of public or private universities, with the support from the Government, can encourage more enrolments and produce more PhDs in Transportation/ Logistics/ Suppy Chain Management or its related programme in Malaysia, of course it should not be only emphasized on road transportation related studies, but also maritime/ sea transportation and aviation/ air transportation.

Good Lucks to Logisticians.

CKYH makes China/Mediterranean service changes

The CKYH Alliance is planning to make a series of port changes to its China/Mediterranean Express (CMX) service from May 2009. In the Far East, an existing call at Tianjin will be dropped, and an additional call at Yantian will then be introduced, as well as a new eastbound call at Port Klang.

In the Mediterranean, Naples will be dropped, and replaced by Genoa, while Malta will become a double call, on its east and westbound, a move that underlines the importance of Malta as Hanjin's recently-established Med transhipment centre. The lines will offer an eastbound transit time of 19 days from Genoa to Port Klang, and the double call at Malta will provide a transit time of 13 days westbound from Singapore, and 13 days eastbound back to Port Klang.

Eight Hanjin vessels providing a weekly capacity of 5,400 TEUs will continue operating in the service. New CMX service will cover Pusan, Shanghai, Ningbo, Yantian, Hong Kong, Singapore, Port Said, Malta, La Spezia, Genoa, Barcelona, Valencia, Malta, Port Klang, Singapore and Pusan.

Source: PR News/ Copy 6023/ 27 April 2009

Evergreen combines Asia/ISC/Gulf services

Evergreen is on the way merging two of its Far East/ Middle East/ Gulf services from May 2009, that will take around 2,800 TEUs of weekly capacity out of the trade.

From mid-May, the Far East/Arabian Persian Gulf (APG) and the China Araban Persian Gulf 2 (CPG2) services will be merged under one APG-style service that will also include calls in China. Presently, the APG service operates with 2,800 TEUs of weekly capacity and covers Taiwan, southern China, South East Asia, Indian sub-continent and Middle East, whereas the CPG2 service operates with 3,400 TEUs of weekly capacity and covers China, South East Asia, Indian sub-continent, Middle East.

Under the new APG service, port calls in China and Taiwan will be incorporated and the capacity presently operated on the CPG2 service will be deployed. New port rotation of the APG will be Qingdao, Shanghai, Ningbo, Taipei, Kaohsiung, Hong Kong, Yantian, Tanjung Pelepas, Colombo, Jebel Ali, Damman, Bandar Abbas, Singapore, Laem Chabang, Hong Kong and Qingdao.

Source: PR News/ Copy 6022/ 26 April 2009

New Piraeus calls

CSAV Norasia and Zim Integrated Shipping Services (Zim), are to make new calls at Piraeus from next month on two separate services.

CSAV Norasia will introduce a new Piraeus call on the Asia Black Sea (ABS) service starting with the first call expected to be made by the 6,500 TEUs Palena on 15 May 2009. The ABS has recently been upgraded from 3,400 to 5,500/6,500 TEUs vessels.

Zim will re-introduce a direct call at Piraeus on the Zim Container Service (ZCS), which operates on the Asia/ Mediterrenan/USEC/ USWC trade with 15 x 5,000 TEUs vessels. The first new Piraeus call on the ZCS is scheduled for 17 May 2009 by the 4,992 TEUs Zim Panama. Anyway, Piraeus was dropped as a direct port of call in April 2008 mostly because of port congestion and strike disruptions.

Source: PR News/ Copy 6014/ 22 April 2009

CMA-CGM and Maersk run another Asia/Med service

According to PR News, CMA-CGM and Maersk are on the way starting up another new joint vessel sharing agreement on the Asia/Mediterraean trade, this time covering the central/eastern Mediterranean market.

Maersk has slots on CMA-CGM's Phoex-Levex (BEXII) service which it markets as the Asia/Europe 22 (AE22) service. But, as from mid-May, Maersk will begin phasing in four 6,500 TEUs vessels to become a vessel provier, and CMA-CGM will upgrade its own existing vessel capacity from 4,300 TEUs vessels to 6,500 TEUs vessels.

There will be port call changes, with existing calls in northern China and Korea dropped. Effectively, the new joint service will run with 8 x 6,500 TEUs capacity vessels and offer direct port calls at Shanghai, Pusan, Hong Kong, Chiwan, Chiwan, Tanjung Pelepas, Port Kelang, Port Said, Damietta, Trieste, Koper, Rijekea (feeder connection), Damietta, Port Saidm Jeddah, Port Kelang, Singapore and Shanghai.

Source: PR News/ Copy 6012/ 20 April 2009

Hamburg-Sud/Hapag-Lloyd going to terminate Europe/South America service

Hamburg-Sud and Hapag-Lloyd are going to terminate their joint North Europe/Eastcoast South America String 2 service taking out around 2,500 TEUs of weekly capacity from the trade.

The termination follows earlier confirmation that Hamburg-Sud, together with CSAV, CMA-CGM, Zim, Maruba and Niver Lines were streamlining their Mediterranean/East coast South America services (Sirius service network) to just one service from two.

The String 2 service operates with four vessels of 2,500 TEUs with Hapag-Lloyd deploying three, and Hamburg-Sud, one. The Port coverage is: Rotterdam, Hamburg, Antrwep, Le Havre, Paranagua, Santos, Salvador and Rotterdam. The service runs in conjunction with the Hamburg-Sud String 1 service whichdeploys 6 x 5,560 TEUs vessels.

Source: PR News/ Copy 6010/ 20 April 2009

Agilent to lay off workers in Penang...

NEC Computers Asia Pacific (NECCAP) is alarming...

NEC Computers Asia Pacific Sdn Bhd (NECCAP) (in Malaysia) will no longer market and distribute personal computers and notebooks bearing the trade mark of "NEC" with effect from June 2009. NECCAP shall continue to provide after sales services and support under its warranty and spare part commitments.

For service and spare parts purchase, end-users and customers of NEC PC products can continue to contact its Call Center or its Authorized Service Providers until further notice. However, you may still purchase its current products inventory from its Authorised Resellers.

NEC Computers Asia Pacific Sdn Bhd or NECCAP is a subsidiary of NEC Personal Products in Japan. NECCAP designs, manufactures and markets desktop and notebook personal computers in Asia Pacific with its regional headquarter office in Malaysia.

By leveraging on NEC's No.1* PC Brand position in Japan and NEC's leadership in Computers & Communications Technologies, NECCAP has been providing a full range of innovative desktop and notebook, home media network and enterprise PC solution ideal for consumers and commercial customers.

NECCAP is active in both business and marketing operations in the Asia Pacific regions.

Source: NECCAP

New Bahrain Gateway terminal officially opens for business

The new Bahrain Gateway terminal, operated by APM Terminals, officially opened for business today with the arrival of the 2,468 TEUs APL Dalian deployed on APL's Sub-continent Red Sea Service known as the SRX.

The arrival is expected to be shortly followed by a Maersk regional feeder service call.

Bahrain Gateway, situated at Khalifa Bin Salman Port will take much of the traffic now handled at the old port of Mina Salman which will cease commercial operations in May 2009.

The new terminal will have at least eight regular weekly calls from start up, is confident this year to achieve a 3-4% volume growth on the 270,000 TEUs handled at Mina Salmon in 2008, and expects capacity to rise to some 2.5m TEUs in the short term.

Among the services expected to call at the new terminal, will be a whole network of regional/ feeder loops operated by lines that apart from APL, also include, Maersk, Mediterranean Shipping Co, UASC and Evergreen.

It's also expected to come through this year from other mainhaul lines' calls, particularly those involved in the Asia/Middle East trade. APM Terminals has a 25 year concession to run the 1,800m quay front terminal and has already invested in four new post-panamax gantry cranes with twin lift facilities, and a dozen RTGs.

Source: PR News/ Copy 6003/ 15 April 2009

Evergreen extends Asia/Med/Europe services

Evergreen Marine Corporation is to extend the USWC/Asia/Med pendulum service, known as the UAM service, to include a new direct call at Ashdod from mid-May 2009.

Ashdod was previously covered by Evergreen's Adriatic Express (ADR), which was suspended in February/March, and the Israel market was further served by the Asia/East Med (AEM), which was terminated back in mid-2008.

Through the addition of the Ashdod call on the UAM service, Evergreen will offer a direct 20 day westbound Taipei/Ashdod transit, and Tokyo/Ashdod in 28 days. UAM westbound port rotation shall be Tokyo, Osaka, Qingdao, Shanghai, Ningbo, Taipei, Kaohsiung, Hong Kong, Yantian, Tanjung Pelepas, Colombo, Ashdod, Dekheila, Taranto, Genoa, Barcelona and Valencia.

First Ashdod call scheduled for 21 May 2009.

Separately, Evergreen will introduce new call at Qingdao on the China/Europe/Mediterranean Asia/Europe (CEM) service from late April increasing coverage of China to include the northern region. The first scheduled Qingdao call is on April 22nd

CEM westbound port rotation : Kaohsiung, Qingdao, Ningbo, Shanghai, Yantian, Hong Kong, Tanjung Pelepas, Taranto, Le Havre, Hamburg, Rotterdam and Thamesport.

Source: PR News/ Copy 6000/ 15 April 2009

Norasia brand to disappear "within a month"???

The name of Norasia is set to disappear as a marketing brand of parent company, Compania Sud-Americana de Vapores (CSAV) "within a month" according to close sources.

It's understood that the brand, which was formed in 2000 following the acquisition of Norasia Lines by CSAV, will be dropped, and parent CSAV will take on overall responsibilities for the operations of both the CSAV Norasia East/West services, and the mainstay of the CSAV operations, that of the North/South trades.

Such market belief has been rife for many months, but this is the first instance that a time frame has been put on the speculation.

As first reported by PR News Service under Copy 5959, 16 March 09 CSAV has turned to the German bank, HSH Corporate Finance for professional advice and assistance in how to proceed in the way ahead through the present market downturn.

Also, on the agenda of the CSAV visit are believed to be top level talks with German shipowner, Peter Dohle, owner of a series of 12,500 teu vessels for delivery in 2010/2011 on long term charter to CSAV.

It will be recalled that CSAV Norasia suspended its Asia/North Europe (ANE) service at the beginning of this year, and after a short lay up period, redeployed the ex-ANE vessels - between 5,500/6,500 teu capacity - on the Asia/Black Sea (ABS) service, increasing capacity by over 20%. Effectively, the only CSAV Norasia East/West service now covering North Europe, is the India/Middle East/Europe (IMEX) service.

The India/Europe trade has seen the reduction of the size of the ISES consortium that previously involved, Shipping Corporation of India, K Line, YML, MISC, and Zim, to just include SCI, K Line and Yangming, and there is strong belief the consortium maybe reduced in size even further.

Separately, credit agency, Standard & Poor has reduced its long term credit rating of CSAV from B- to BB-, a move that reflects a strong degree of negativity within the market.

CSAV is also considering selling its 13.01% stake in fellow Chilean shipping line, Compania Chilena de Navegacion Interoceanica SA (CCNI), as well as its stake in port logistics company, Agencias Universal (AGUNSA).

Source: PR News/ Copy 5992/ 7 April 2009

Happy Thaipusam

The Malaysians, including the Hindu are passionate about the religion and usually take extraordinary measures to display the devotion. A good instance is the Thaipusam festival.

"Thaipusam" is the feast for the son of Shiva, Lord Subramanya.

The celebrations of this festival are carried out at almost all the temples of Lord Subramanya.

This year, 8 February (Sun) shall be the day of Thaipusam in Malaysia.

However, the celebrations take place from 7 to 9 February (3 days).

Happy Thaipusam!

Senator Lines goes BUST

The global economic recession claimed its first major victim in the container shipping sector.

German carrier Senator Lines announced on 4 February 2009 that it would cease operations, effective the end of this month.

The Bremen-headquartered line, which since 1997 has been 80% owned by the Korean shipping operator Hanjin Shipping, said its shareholders and board had decided on the shutdown "as a result of the financial and economic crisis and − as a consequence thereof − reduced volumes together with overcapacity and extreme unhealthy competition, especially on the east-west routes".

According to the board of Senator Lines, there are no positive signals to be foreseen for 2009 and there are not even any freight rate improvements visible in the long term. All these facts have resulted in this painful decision."

The remaining shares in Senator, which was founded in 1987, are held by Bremer Investitionsgesellschaft in Bremen and shipping company F. Laeisz in Hamburg, with 10% each.

The line specialised in serving Far East-Middle East-Northern Europe trade lanes.

They used to offer a total of 14 liner services involving approximately 1,570 voyages per year.

They are a shipping company that specializes in slot chartering, mainly having chartered the space from the members of CYKHS (Cosco, Yang Ming, K-Line, Hanjin, Senator) Alliance. However, they do have space arrangement with Hamburg Sud, Hapag Lloyd, CSAV, MSC and MOL, too.

Source: Supply Chain Leaders Intelligence

A criminologist in USM

A criminologist, holding the position of senior lecturer at Universiti Sains Malaysia (USM) Dr P. Sundramoorthy PhD (South Dakota), MS (Minnesota), BA (Minnesota) has just been appointed Principal Investigator by the Inspector General of Police (IGP) of Malaysia YDH Tan Sri Dato' Seri Musa Bin Dato' Hj Hassan, to head the following nationwide research projects:-

1. "Crime Victimization"

2. "Public Perception on Policing"

The research works have already begun.

Dr Sundra, good luck! Cheers!

P/S: He taught me the subject on "Advanced Research Methodologies" at postgraduate level at USM.

Gong Xi Fa Cai 牛年行好运!

物流好，經濟好，大家一定好!

Logistics performs Well, Economy looks Well;

The people are sure Well!

May the year of Ox bring you and your family good health, peace, love and prosperity! Gong Xi Gong Xi... Cheers!

Intel in troubles?

The economic slowdown and slumping demand for personal computers, affecting the profit sharply!

Having received a news about Intel Corp...

The world's biggest computer chip maker, announced plans on Wednesday to close facilities in Malaysia, the Philippines and the United States?

This would affect more than 5,000 employees worldwide.

But, according to the news, not all employees would have to leave Intel, as some may be offered positions at other facilities.

In a manner corresponding, two assembly test facilities in Penang, Malaysia and one in Cavite, Philippines, additionally the wafer production facilities in Santa Clara and Hillsboro, Oregon would be closed down.

The closures, will take place between now and the end of 2009.

A spokesman mentioned the moves are to "align its manufacturing capacity to current market conditions"...!?

A particular degree to which, the logistics and transportation sectors especially the airfreight and warehousing acted as distribution hub, may be affected in terms of cargo inducement.

Hopefully, Intel Corp could revise the decision or preferably the news are not truth...


Source: Washington (AFP)

Sharing of Thoughts in Logistics & Transportation in Penang

The blogger, being part of the international professional body of Logisticians - CILT, having bred in Penang of Malaysia, has humbly shared a few lines of thoughts for the following Logistics and Transportation related editions of the journal "Penang Economic Monthly" of Socio-Economic & Environmental Research Institute (SERI), which is a think tank of Penang, to formulate strategic planning and policy recommendations.

1. Enhancing The Penang Logistics Industry To Promote Overall Competitiveness

2. Penang As An Integrated Logistics and Transportation Hub Under NCER
3. Penang Economic Report 2008 - Year End Review and Outlook For 2009 (Part II)

Be a responsible Professional Logistician in Malaysia, one must tries the best in sharing or discharging the learned knowledge and experience for a better tomorrow of all Malaysians, from the overall perspectives of international trade and economic development.

The Blogger, does hope the present state government of Penang could realize the importance of logistics and transportation sectors and the professionalism of trained logisticians, that could bring prosperity and vigorousness to the state, like Singapore.

Insufficient Number of Certified Logisticians globally!

The "Logisticians", particularly the certified or chartered ones have been in great demand and have been admired by the general public, in other developed or developing countries, such as US, Australia, Singapore, China/ Hong Kong, Canada and those European countries.

In US...

The practice of logistics is a professional discipline. The SOLE's professional certification and recognition programmes recognize the professional stature and accomplishments of logisticians within commerce, industry, defense, international, federal and local government agencies, as well as in academic and private institutions. The adoption of a certification programme in October 1972 was a major step by SOLE to further the accreditation of professionals in the logistics field. This certification recognizes the functional interrelationships within the professional responsibilities of logisticians regardless of their occupational roles.

The title "Certified Professional Logistician" (CPL) is awarded to individuals of proven competence in logistics who pass an examination designed to test their broad knowledge of the entire logistics spectrum.

Effective 15 April 2004, Army officers/warrant officers in any branch/specialty that have been awarded the designation CPL by SOLE - The International Society of Logistics (SOLE) are authorized to add their CPL certification to their Officer Record Brief (ORB) and Official Military Personnel Folder (OMPF). This change to AR 600-8-104 (Military Personnel Information Management/Records) authorizes the inclusion of the CPL certificate in the OMPF.

The CPL joins, among others, the Certified Professional Engineer (CPE), the Certified Professional Accountant (CPA) and the Certified Professional Contract Manager (CPCM) as civilian-granted professional certifications authorized for documentation and recognition as specialized education and training. The CPL certification will be reflected in "Section X - Remarks" on the lower left portion of the ORB. Army National Guard (ARNG) CPLs can submit their documentation now to their State Military Personnel Officers.

The CPL programme and course syllabus was established in the United States many years ago. To qualify as a CPL candidate, individuals should have 9 years of professional experience in practicing logistics or, have a Bachelor's Degree plus 5 years experience, a Master's Degree plus 4 years experience or a Doctoral Degree plus 3 years of experience. In the United States the certification examination is ranked as the equivalent of a Masters' Degree for logistics managers and practitioners.

In Europe...

The European Logistics Association (ELA) introduced the standards, which form the foundation for the European Certification Board for Logistics (ECBL) to certify individuals who meet these Standards.

ECBL is an independent body consisting of member countries who voluntarily agree to share the Standards of Competence for Logistics and adhere to common levels of quality assurance procedures.

The European Certification Board for Logistics (ECBL) is the custodian of the Standards, and is responsible for updating the Standards as and when required.

The Board (ECBL) will be the sole authority for approving the award of a qualification, and no awards under this programme will be allowed without such approval. The Board will set up a system to monitor the performance of National Certification Centres to be established in each country, and will ensure that the Standards operating in each country are in line with the European directive. In this way, candidates for the qualifications from every country in the programme can be sure of the commonality of the Standards.

The Competence system - The ELA Standards of Logistics Competence reflect the expectations of workplace performance and the have been developed with and agreed by industry. The Standards are outcome-based and form the basis of assessment.

Assessment is independent of any learning programmes. The Swedish National Certification System in Logistics does not prescribe in any way the methods or courses by which candidates may attain or develop the knowledge and skills, however acknowledged programmes can contribute to the development of knowledge, skills and competencies required for ELA-Certification. The ability of candidates to meet the required Standards will be assessed by The Swedish National Certification Board.

ELA Certification – The European Certification for Logistics Professionals on three levels:-

EJLog – European Junior Logistician on the Supervisory/Operational Level

ESLog - European Senior Logistician on the Senior management level

EMLog - European Master Logistician on the Strategic management level

In Australia...

There are thousands of practicing and experienced logistics professionals in Australia. They range from executives, managers, senior managers of logistics or supply chain operations to probably, specialised IT experts for logistics and transportation sectors.

Professionals, like accountants have the CPA accreditation, real estate practitioners have the CPV and many other professional certifications. The Certified Professional Logistician (CPL) certification programme is now available in Australia, for all logisticians who are excellence in logistics and supply chain management, by both theorical and practicial assessments. Accreditation means something in a professional setting - it implies a focus on excellence and a commitment to personal development within the profession. Today, professionalism of a high standard is required to manage these complex, disparate functions in a seamless and integrated supply chain mode with a clear understanding of the need to track the physical goods flow, financial flow, and, of course, information flow.

The said Certified Professional Logistician (CPL) was launched by the Transport and Logistics Centre of Australia (TALC), that TALC grew out as a Commonwealth and NSW Government initiative aimed at building capability in the Transport and Logistics (T&L) industry, including road, rail, maritime, aviation and logistics. TALC, together with five industry or professional organizations ie. The Chartered Institute of Logistics and Transport in Australia (CILT-A), Supply Chain Logistics Association of Australia (SCLAA), Logistics Association of Australia (LAA), Australian Institute of Traffic Planning and Management (AITPM) and Australasian Production & Inventory Control Society (APICS), form the panel of CPL certification council, which is known as Transport & Logistics Certification Council of Australia (TLCC, Australia).

The CPL is able to demonstrate that they have the capability to effectively master the technology and leadership skills required across the broad range of activities that today constitute logistics. The CPL is a professional certification in logistics that enables practitioners in this industry to develop themselves more effectively, and assists in defining the logistics profession. This CPL also signifies your commitment to a code of professional conduct and your respected professional integrity - ensuring the highest standards of ethics and professionalism.

A profession that is dealing with a freight task that is expected to double over the next decade. The demand for professionals, technical experts and executives will continue to rise. Australia's logisticians, along with an efficient and effective land, sea and air infrastructure, will contribute to the future export success of the nation.

The CPL becomes the benchmark of excellence for measuring capability and proficiency within the profession of logistics and supply-chain management. The CPL programme represents the hallmark of logistics professionalism in Australia.

In Singapore...

The Singapore Trade Development Board (TDB), in collaboration with the Infocomm Development Authority of Singapore (IDA) and the Chartered Institute of Transport in Singapore (CILT-S) launched Asia’s first professional accreditation programme for logistics professionals. The Certified Professional Logistician (CPL) programme is part of the overall plan to develop a critical mass of logistics professionals to propel the industry towards the e-logistics frontier.

A benchmark of excellence for measuring competency and proficiency within the profession of logistics and supply-chain management, the CPL programme represents the hallmark of logistics professionalism.

Those who are certified would receive recognition like their counterparts in the finance, medical and engineering professions.

To ensure that the CPL programme remains a defined benchmark of excellence that will be earned only by a selected group of logistics professionals, 16 leading practitioners from the academic, public and private sectors in the logistics field have been enlisted to form a CPL Qualification Review Board (QRB). These members will assess the competency of each candidate seeking qualification. To ensure consistently high academic standards, senior professors from NUS and NTU will undertake the role of setting and marking the CPL examination.

In China...

The logisticians' certification or examination in China, is handled and conducted by the China Federation of Logistics & Purchasing (CFPL), which follows the relevant national occupational standards, like the requirements for other professionals in the country.

There are three different levels:-

Junior Logistician: focus on basic concept and knowledge.

Logistician: focus on basic concept and knowledge as well as analysis.

Senior Logistician: focus on the entire train of though, analysis and strategic decision on logistics plan.

The candidate must possess at least a recognized bachelor's degree (Hon), in addition to some years of practical experience, before they are considered and accepted for the above professional cerification(s) or qualifying examination(s), from a Junior to a Senior.

In Canada...

Canadian confers "PLog", which stands for Professional Logistician, if you're qualified theoretically and practically. The PLog is conducted by the Logistics Institute, that was founded in 1990 by 12 leading logistics industry organizations or associations to foster and promote the profession of logistics and create a recognized certification programme.

The Logistics Institute was a sector council that received most of its funding from Human Resources Services Development of Canada (HRSDC). The role of a sector council is to work with industry stakeholders to develop human resources that are specific to their sector or industry.

In 1993, the Logistics Institute launched a recognized certification programme called the Professional Logistician (PLog). The designation is to strengthen the business skills of individuals in the logistics and transport. In 1995, 52 people were conferred the PLog designation. The number of logisticians and supply chain managers who have earned their PLog designation has increased to nearly 2000, of late. But still, the number of PLog holders in Canada is very far less than other professionals such as architects, lawyers, engineers and medical doctors.

a CPL conferred by TLCC, Australia

The blogger is greatly pleased to have been admitted to the qualification of Certified Professional Logistician, by the Transport & Logistics Certification Council of Australia (TLCC, Australia), that enables the blogger the post-nominal letters of "CPL".

Logistics or its related branches of the supply chain system, have been classified as indispensable in the international trade and economic growth and/or in making the globalization possible for a developed or developing country, such as Malaysia.

Henceforth, the blogger is very much in great desire to witness the increasing number of professional logisticians or FCILT or CMILT or CPL in Malaysia, regardless of conferment or certification by Australia, Singapore, China, Canada, United States, Europe or others. Of course it can be further enhanced with the effort, co-operation and support from the governments (local, state and federal) and professional bodies (local, regional and international) . The Chartered Institute of Logistics & Transport (CILT) is one of them internationally.

The CILT (UK) actively promotes "Humanitarian Logistics", too.

Serving the country through the professionalism of logisticians!

SIS is the Port Agent of TS Lines in Penang/ Malaysia

TS Lines starts calling the port of Penang.

The Welcoming Party, organized by Penang Port Sdn Bhd (PPSB), for the new service, namely China-Middle East-Express Service (CME) of TS Lines at Penang, was held on 2 January 2009 (Friday), at 1500 hours.

Picture (1) – Plaque Giving Ceremony by PPSB to MV TS Qingdao, represented by Capt Wojciech Witold Nowicki and accompanied by the Port Agent - Sea Intergrated Services (SIS) and the Marketing Agent – Ben Line Agencies (BLA) of TS Lines in Penang:-

Pictured (from left): Mr Ghazali B. Jaafar (General Manager - Marketing, PPSB), Mr Steven Ooi (Branch Manager, BLA Penang), Mr Chang Kah Loon (Regional Manager, SIS Penang), Mr Obaid B. Hj Mansor (General Manager – Container, PPSB), Capt Wojciech Witold Nowicki (Master, MV TS Qingdao), Mr Roman Palyvoda (Chief Officer, MV TS Qingdao), Mr Sergiy Svitanko (Chief Engineer, MV TS Qingdao) and Mr Nazri B. Ismail (Head of Marketing, PPSB).

Picture (2) – The terminal operator PPSB, represented by Mr Obaid B. Hj Mansor (General Manager - Container) and the Port Agent of TS Lines, represented by Mr Chang Kah Loon (Regional Manager, SIS Penang) were duly invited to deliver the speeches at the ceremony:-

Pictured (from left): Mr Chang Kah Loon (Regional Manager, SIS Penang) and Mr Obaid B. Hj Mansor (General Manager – Container, PPSB).

TS Lines was established by Mr T. S. Chen in early 2000, primarily as an Inter-Asia Container Carrier with a full service range within North, South Asia, the Far East, India and East Africa. Mr Chen's energy and long-term knowledge of the regional trade has ensured both optimum reliability as well as rapid expansion of the range of service routes offered.

Peacefulness

2009 appears to be a very challenging year.

Malaysians, are to stay united working ahead of competitions and opportunities will surface

A new year!

A new start!

A new chapter!

A new surface of good opportunities...!

"How do we get the BEST out of life?"

Face our past, without regret!

Handle our present, with confidence!

Prepare for our future, without fear!

Keep the faith and drop the fear!

Don't believe your doubts and never doubt your beliefs!

Life is wonderful, if we know to live!

But, the keyword shall be "Peacefulness"!

Cheers!

Thank you for your kind GREETINGS!

Dear All friends & associates,

Thank you very much for your kind GREETINGS via sms, email, mail etc.

Heartily Appreciated & Reciprocated!

Happy New Year

"新年快樂"

Does the shipping industry need conferences?

As shippers and shipping lines debated the terms and conditions of a post-shipping conference Europe, The Container Shipping Manager advised both sides to seriously consider how the new system would look. We also questioned the importance of these mechanisms and whether Europe and the rest of the world really needed them.

The revealing information below is the result of a study we conducted back in September 2006...

The European Shippers Council (ESC) has long wished to see the end of the conference system. But their efforts may very well be an example of the old maxim: be careful what you wish for.

Shipping lines could stand to benefit from a non-conference system, according to our study of the peaks and troughs in freight rates for the eastbound Transpacific and westbound Asia to Europe trade lanes.

Assuming carriers on the European trade lane adopt a service contract dominated system similar to their transpacific cousins, they could find themselves in a better position. Shippers may cop the short end of the stick. These US contracts include conditions like Minimum Quantity Commitments (MQCs) and liquidated damages if the shipper fails to honour the terms of their contract. In fact, the non-conference system could limit the degree of flexibility shippers enjoy under the conference system.

Carriers may be the beneficiaries of the non-conference system.

Source: Container Shipping Manager, the publisher HKSG Group Media is one of the world's largest providers of shipping information.

Soaring costs to fuel hub and spokes model shipping world

Soaring operating costs and the trend towards bigger and bigger ships on the Asia-Europe trade as well as the lack of profitable backhaul cargo could see ports like Felixstowe completely removed from the port rotations of the major carriers in the near future, an industry insider told the Container Shipping Manager.

“It will just not be economical to call these ports anymore. At Felixstowe, the only backhaul cargo you see being loaded onto these ships is waste paper and scrap metal,” the industry insider said.

Instead, he believes that these ports would be served by feeder connections from larger ports in the area in the future.

“The main line operators will likely call at Rotterdam or Hamburg, and then feeder services will deliver the UK bound import cargo from Asia from one of the larger European ports.”

In this era of cost consciousness, carriers may be unwilling to burn extra fuel, which translates into extra dollars, for a non-profitable port call.

Source: Container Shipping Manager, the publisher HKSG Group Media is one of the world's largest providers of shipping information.

Can India and the Middle East fill the void in consumption left by US and European consumers?

China’s exports fell into negative growth in November 2008, marking the first negative month of growth since its accession into the World Trade Organisation, as news of further job losses and factory shutdowns persist.

The loss of its healthy and robust consumer markets in Europe and the US sent China’s exports into a nosedive for the month of November 2008, leaving many wondering, if China is the seller in the global marketplace, is there anyone else left to buy its goods and who is it?

Source: Container Shipping Manager, the publisher HKSG Group Media is one of the world's largest providers of shipping information.

Does it pay to be environmentally friendly during an economic slowdown?

Shippers are looking to adopt more environmentally friendly policies to “clean-up” their supply chains may soon find that consumers are unwilling to cover the costs that such actions may incur, especially in such economically-tight times.

The real challenge for the Walmart's of the world is to find ways to be environmentally-friendly, while cutting the end-cost of the product, or at least increasing the end cost for the consumer by as little as possible.

Global trade growth, as forecasted by the World Bank, is expected to fall to 4.5 per cent in 2008, down from the 7.5 per cent growth witnessed in 2007. This fall off in trade growth is due to the serious reduction in consumer spending in the consumer powerhouses of Europe and the US, as a result of the economic downturns there.

Source: Container Shipping Manager, the publisher HKSG Group Media is one of the world's largest providers of shipping information.

Oil Price forecasts cut sharply on slowing Demand

Analysts have further cut their 2009 price forecasts by more than $14 a barrel to an average of $58.48 for U.S. crude as recession dampens demand for fuel worldwide, a Reuters poll found on Tuesday. Forecast oil prices have fallen by nearly $60 in the past five months, but analysts still see prices rising early next year from this year's lows of less than $40 a barrel. The consensus forecast was for U.S. crude to average $49 in the first quarter of 2009, down from $64.57 in last month's poll, as analysts moderated their expectations of a price recovery.

The poll also forecast an average for European benchmark Brent LCOc1 in 2009 of $57.21. When oil hit a record above $147 in July, analysts expected U.S. oil to average nearly $116 in 2009, a Reuters poll showed.

Goldman Sachs was then the most bullish bank on prices, expecting an average $148 for U.S. crude next year. It has subsequently cut that same forecast by $103 to $45 a barrel.

"We believe that should the sharp deterioration in demand continue, spot prices will likely remain under significant pressure and may have to decline further to induce a reduction in supply," analysts at Goldman Sachs said in a research note.

Of the 30 analysts surveyed, 23 have lowered their predictions since Reuters last poll on 25 Nov. A crucial consideration in analysts' forecasts was the impact that output cuts made by the Organisation of the Petroleum Exporting Countries (OPEC) would have on prices.

"The OPEC cartel continues to 'bull the market with positive vibes' regarding their future production whilst the bears in the complex will eye the ailing demand outlook for oil across the Asiatic basin," said Robert Laughlin at MF Global.

Source: Reuters

Oil-Refining Margins Are Worst in Three Quarters, BP Data Show

Profits from turning a barrel of crude into oil products are the worst since the first quarter amid waning demand for gasoline and other fuels, according to BP Plc data. BP’s Global Indicator Margin, a broad measure of refining profitability, has averaged $4.84 a barrel so far this quarter through to 18 Dec, compared with $5.69 in the year-ago quarter, and $4.57 in the first quarter, Europe’s second-biggest oil company said on its Web site. Global margins have dropped 40 percent since the third quarter, and almost 80 percent in the U.S. Midwest.

The U.S. economy shrank in the third quarter at a 0.5 percent annual pace as the now year-old recession began to intensify, the Commerce Department said today. Consumers are cutting spending on travel and goods derived from oil, sometimes pushing wholesale gasoline below the price of the crude from which it is made. Northwest European refiners earned $7.76 a barrel so far this quarter, the most of the six regions surveyed, followed by the Mediterranean at $5.15, according to London-based BP.

The lowest margins were in the U.S. Gulf Coast and Midwest, at $2.30 and $2.20, respectively. Those two regions had the highest profit margins in the third quarter. European gasoline’s discount to Brent crude, the region’s benchmark oil, widened to $5.40 a barrel today, from $4.51 a barrel yesterday, according to broker PVM Oil Associates Ltd. Fuels usually cost more than their feedstock, to reflect the expense of processing. BP’s Global Indicator Margin is a generic number derived from third party data, using typical regional crudes and product yields, according to the company’s Web site.

Source: Bloomberg

Tighter Trade Finance Hits Shipping Lines

Demand for shipping is weakening because banks don't want to finance trade during a recession??? Seaborne transportation of goods such as washing machines and other household appliances fell the most in at least 51/2 years in November 2008...?!

In general, takes Nov 2008 for example, the movements have dropped approximately 12%, as compared to the corresponding period of last year.

Some, having issues with letters of credit.

The issue is exacerbating a lack of demand in individual countries' as the global recession takes hold.

World trade in commodities, from oil and coal to timber and grains, has already been hurt by a reduction in the sums banks are willing to advance to customers to ensure payments.

The key driver behind lower demand for container shipping is the sharp reduction in consumer confidence and consumer spending globally.

The cost of shipping containers has declined 'very dramatically' and at 'unprecedented' speed, Mr Deleuran said.

Source: Hellenic Shipping News

Let common sense guide you in negotiations

By Hal Becker

We seem to need rules for everything in life. Rules seem to go on and on. The rules for negotiating are simple.

There are no rules! Forget the rules, and concentrate on common sense. Think back to the stuff Mom and Dad taught you. This stuff is pretty basic, and sometimes we complicate life with a lot of nonsense. Keep it simple!

Why should we complicate a simple process of listening? Ask questions, hear the answer, and then respond. Simple stuff works, and the job gets done more quickly and with less mess. I know you want some rules, so I will give you guidance. But instead of rules, I want to give you the qualities of a good negotiator:

Discipline
Discipline is what Navy Seals and Tiger Woods are made of, the internal focus that gives us the drive, desire and dedication we need to be at the top of our game. Discipline is what will give us the winning attitude. Without it, there is no motivation and no way to be at the top of your game.

Think of it as a diet: You need discipline to lose weight and even more discipline to keep it off. One problem for most people is that they only go a little way and lose some of the weight. Truly disciplined people lose all the weight and keep it off permanently.

Endurance
Also called "stamina," endurance is the ability to keep going when others have quit. People have always called Henry Kissinger and even Donald Trump incredible negotiators. They are the Energizer bunnies of negotiating. They are in the fight for all 10 rounds and never, never get knocked out. They keep going and going and going.

Respect
Know two things about respect. First, for the other party to respect you, you must earn it. Second, for you to respect the other party, you must do your homework and find out as much as possible so that they in turn have your respect. If you go through life being genuine, nice, and - most important - honest, you will earn a good reputation, which promotes respect.

Tell people upfront what your intentions are. Trust me, they already know, but by being forthright and upfront, you earn more respect at the negotiating table. Honesty and your reputation are key, and you cannot fake them! Also remember that you both have the goal of winning something valuable. Unlike football or baseball, negotiation can produce two winners.

Patience
You have heard that good things happen to those who wait. We are a pretty impatient bunch today, and a lot of us haven't developed the ability to tolerate adversity and to overcome frustration. That's what patience is, and to succeed at negotiating, there's no substitute for patience. You may need to overcome many obstacles to reach your goals.

If you persevere and add a sprinkle of patience, in most cases your outcome will be what you desired. Lots of publishers rejected my first book, "Can I Have 5 Minutes Of Your Time?" (After the 34th rejection, I lost count). But I was patient and never gave up, and that book is in its 14th printing.

Empathy
Do I still sound like Mom? Well, Mom is probably the greatest negotiator on the planet.

Think about it: She is constantly negotiating with her kid in the supermarket or in the toy store or even the playground. The kid wants everything, and Mom wants almost nothing the kid wants.

Empathy is the ability to view the other person's feelings and to put yourself in his position.

This is one of the most important traits to carry every day, throughout your life, no matter whom you meet.

You will be a great observer of human nature, and people will appreciate the fact that you truly put their feelings or concerns before yours.

Having empathy for others and observing their behavior require practice. They take years to learn and probably will never be perfected. Strive to be genuine. People can easily spot a truly genuine person - and just as easily spot a phony.

Humor
I am so tired of being politically correct. We can't make fun of anybody anymore. I miss the comedian Don Rickles. He made fun of everybody. His secret was that he always made fun of himself first. If you can first laugh at yourself, then it's OK to take liberties with others because they know you're having fun and aren't being mean-spirited.

And by the way, we need more fun in the workplace. If I'm going to spend two-thirds of my life somewhere, then I am going to have fun. In the boring business world, let's take a few liberties. I'm not suggesting you tell jokes, put a whoopee cushion on chairs or conceal a buzzer in your palm. Just smile and see the comical in things.

The more fun you have, the more fun the people around you will have. When we lighten up a little, so do the people around us. You don't have to wait for the next person to do it first. A smile can light up a room!

Source: Hal Becker, who's a known expert on Sales, Customer Service, and Negotiating. He conducts seminars or consults to more than 140 organizations a year. His client list includes IBM, Disney, New York Life, Continental Airlines, Verizon, Terminix, AT&T, Pearle Vision, Cintas, and hundreds of other companies and associations.

Hi there, Merry X'mas

Trade News - Air Transport

Dragonair

Dragonair celebrated its inaugural launch of a scheduled service to Manila to make the Philippine capital its 9th new destination in the last two years. The Hong Kong to Manila KA913 service will depart Mondays, Wednesdays, Thursdays, Fridays and Sunday at 2000 hrs and arrive at the capital at 2200 hrs. Flight KA912 will depart from Manila to Hong Kong at 1050 hrs to arrive at 1255 hrs.

Spring Airlines

Mainland China's low-cost carrier Spring Airlines has modified the schedule of the line linking central city Zhengzhou and Shanghai and has recommenced another line from Shanghai to Tianjin. The adjusted Zhengzhou-Shanghai flight service will now take off every day at 1615 hrs from Zhengzhou's Xinzheng International Airport, reaching Shanghai's Hongqiao International Airport at 1740 hrs. The return flight will leave Shanghai at 1345 hrs, reaching Zhengzhou at 1530 hrs. The resumed Shanghai-Tianjin flight takes off daily at 0730 hrs from Shanghai's Hongqiao Airport and leaves Tianjin at 2000 hrs on the return leg.

Air China & Sichuan Airlines

Air China and Sichuan Airlines are launching direct services from southeastern city Chongqing to Taiwan on 19 December 2008. Air China's service will offer a flight on every Friday using Boeing 737-700 aircraft. The flight is scheduled to take off at 1510 hrs from Chongqing and return from Taiwan at 2000 hrs.

Sichuan Airlines will also offer a weekly flight, but on every Sunday and using Airbus 320. The flight takes off at 1440 hrs from Chongqing's Jiangbei International Airport, arrives at Taipei's Songshan Airport at 1810 hrs, then heads back from Taipei at 1510 hrs and reaches Chongqing at 2250 hrs. Flight number is 3U8979/80.

Sichuan Airlines is also approved by the Civil Aviation Administration of China to launch another service to Taiwan, which is from Chengdu to Taipei. The Chengdu-Taipei maiden flight is also taking off on the same day. It is scheduled to leave at 1430 hrs every Friday from Chengdu's Shuangliu Airport, arrive at Taipei Songshan Airport at 1800 hrs, then return at 1900 hrs and arrives at Chengdu at 2240 hrs. Flight number is 3U8977/8.

Source: Shipping Gazette News (20 Dec 2008)

Hamburg Port welcomes two Chinese ships

The Port of Hamburg has received two very different types of Chinese vessel last month, one mammoth and the other ancient.

This comes as the 10,000-TEUs Cosco Indian Ocean docked for the first time at the HHLA Container Terminal Tollerort on her maiden voyage.

This 111,414-tons mega ship, owned by Cosco Container Lines, is the third of four identical ships built for Cosco at Hyundai's Ulsan shipyard in South Korea and has a draught of 14.5 metres.

Just 3,000 metres away from the Tollerort container terminal, a model of an ancient Chinese treasure ship has been on display at Hamburg's International Maritime Museum since mid-November 2008.

The metre-long model dates from the time of the Chinese explorer Zheng He (1371-1435), and was presented to the museum's founder, Peter Tamm, by Fujian province for permanent exhibition. Treasure ships were among the largest wooden ships ever built.

The junk's bow is ornamented with a dragon's head, and the sides of the ship are painted with eyes to ward off evil spirits. It was designed to demonstrate the power of the Ming emperor Zhu Di.

Container giants like the Cosco Indian Ocean are the modern equivalents of those ancient treasure ships - owing their appeal not so much to their lavish features as to the value of the goods that they carry between Asia and Hamburg.

Source: Shipping Gazette News (20 Dec 2008)

Shenzhen's SCT welcomes its first Taiwan direct call

Shenzhen's Shekou Container Terminal has received the first vessel of cross-strait direct shipping and held a ceremony to mark the historic occasion.

The maiden call was made by China Shipping's 8,500-TEUs New Africa, which is one of its newly-deployed ships. The vessel docked at SCT's new No 8 berth.

Over a third of the lines calling at SCT operate to Taiwan. Cross-strait direct shipping is expected to benefit SCT shippers by reducing sailing distance, transshipment time and costs.

Source: Shipping Gazette News (20 Dec 2008)

YML to build 4 Kaohsiung terminals

Yang Ming Line has signed a NT$16.2 billion (US$499 million) 20-year loan to fund Kao Ming Container Terminal Corp's four-container terminal complex in Taiwan's biggest port, Kaohsiung.

Kaohsiung is to expand capacity to challenge rival ports overseas, and the NT$18 billion Yang Ming Line scheme is one of 12 harbour projects recently unveiled by the Taiwan government.

Yang Ming Line, Taiwan's second-biggest container-shipping line, will operate the Kaohsiung terminals for 50 years under a build, operate and transfer lease from the government.

Source: Shipping Gazette News (20 Dec 2008)

Apology: More Power Than We Think

By Prof Darrell Puls

People Are Afraid to Apologize
In too many cases mediators aim only for settlement of the issues, believing that this will be the best that is possible when in many instances the clients are almost begging for recognition of their humanity or even reconciliation of the relationship. I have come to believe in the power of honest, sincere apology, for I have seen it break down seemingly insurmountable barriers to settlement and even lead far beyond mere settlement to forgiveness and reconciliation. I readily admit that what I will write here is something above what most mediators are trained to do, and also above what happens in most mediations. That does not lower the bar, however, but rather shows us possibilities far greater than most of us believe.

There are cases that are simply different perspectives on the facts and responsibilities where people sincerely believe that they did nothing wrong. However, research shows that people often do blame themselves for what has happened but are afraid to admit it because it will be used against them. They also fear embarrassment, public humiliation and becoming social and business pariahs.

I offer that the role of the mediator is to create a place where it is safe to apologize and that the mediator has the power to create that safety zone. This means requiring a written guarantee that the apology will not be used as a weapon against the apologizer. I require all participants to sign a very specific agreement that no one can disclose anything said or offered during the session without the prior written agreement of everyone, including the mediator, nor use what is said or learned as evidence. If anyone refuses to sign this agreement, I do not mediate. I as the mediator have the power to control how information is disclosed and I believe that exercising this particular power is one of the my stronger tools.

The Power of Apology
Mr. Kichaven states that “apologies are not that useful anyway”. His reason is that they are not believed, ergo, why bother? Apologies are often initially rebuffed, but we need to explore the rebuff for what it truly represents. So what if the plaintiff’s attorney says they do not believe the apology is sincere? One role of the advocate is to posture to get as much as possible for their client. The rebuff may be nothing more than a tactic to show how strongly they believe in their position and the “rightness” of their cause. It may be just an attempt to explore what tangibles may become attached to the apology. That is just Negotiations 101. I see this rebuff as just another opportunity to delve more deeply into interests rather than staying stuck in positions. The fact that they say “no” does not mean it is a permanent “no”.

The answer may be that the apology did not go far enough
About six years ago, I worked with two physicians who headed a very large medical practice that was in danger of disintegration. I will leave the identifying details out, but it became clear as we progressed that each had been deeply hurt by the actions of the other. That hurt translated into anger and fear, which led to escalating responses. In the safe place of mediation, they each became aware of how deeply their actions had hurt the other, and were horrified. Both were very moral, ethical people, but in the crush of conflict they had acted in hurtful, even frightening ways to each other. Once they began to understand the devastating impact of their actions, they both began to offer full apologies and actually fell weeping into each other’s arms. (They do not teach you how to deal with that one in mediator school, do they?) We eventually reached a written agreement that focused on communication practices for the future, and they left.

I saw one of those physicians in August of this year. They had followed the communication protocols we established until they became habit, and still follow them. The practice has expanded and physicians have been added. They attribute it all to my making a safe place for them to talk, listen, understand, and apologize.

The problem may be that we each have a different concept of what constitutes a “full apology”, and we each have different needs that must be met before we can accept the apology and move on with our lives.

I went to South Africa last November as part of my doctoral research into forgiveness. It is one thing to read the transcripts of the victim and amnesty hearings of the South African Truth and Reconciliation Commission, but something altogether different to sit down with both victims and perpetrators and listen to their stories. I saw the scars on victims and the haunting pain in their eyes as they told their stories, but I also saw a deep peace in those who had found the way to forgiveness. Surprisingly, I saw the exact same feelings and emotional scars in a man granted amnesty for a murder and two bombings. I listened, I asked questions, and a pattern seemed to emerge. On returning home and burying myself in the empirical literature, I saw the patterns I first became aware of in South Africa replicated in various studies.

It seems that apology can be construed as not a single act but a continuum of acts on the part of the perpetrator. People respond differently based on their emotional makeup and the damage done. What is sufficient for one is insufficient for another.

The lowest level of apology is simply a confession where the perpetrator acknowledges what he or she did. Confession is an act of ownership for the deed and acknowledgement of the damage done. There is no expression of remorse. In other words, the victim hears the truth from the one who did the act. The simple and unadorned “I did it” stage is where the perpetrator takes ownership. Confession is sufficient for some, but not many.

The next level of apology integrates confession with expressions of remorse. Here the perpetrator acknowledges the act and the damage, and shows sincere regret through words and body language. The showing of remorse acknowledges that the act itself was wrong, damaging and painful, and the perpetrator regrets the act and the impact on the victim. This is the “I did it and I’m sorry” stage. Many more people will accept this apology than simple confession.

The third level of apology incorporates the first two and adds a repentance phase where the perpetrator states how this has affected him/her and changed him/her to lead a better life. This is the “I did it, I’m sorry, it will never happen again” stage. This stage must often be accompanied by visible, tangible proof of changed ways. Again, this form of apology is powerful enough to be accepted by a large number of people.

The strongest level of apology adds “justice” to the equation. In essence, here the perpetrator adds an open-ended offer of “what can I do to make this right?” This is where mediator creativity is paramount, for justice is a slippery issue. Justice for one is injustice for another. Here is where interests truly come to the fore. In one South African case, justice occurred when a black woman “adopted” the white murderer of her husband and son at his amnesty hearing before the TRC (think about the many implications of this before you react). The white police officer fainted on hearing her make this request.

Yes, there are cases where apology in any form will never happen, and some where it may not even be appropriate. It depends on what we are trying to accomplish through the mediation itself, which is dictated by the needs and desires of the clients. Are we looking for a settlement to a dispute where the parties will go their separate ways and never again interact? Then apology may not occur. But, if we are looking at a wounded relationship in need of healing, then apology appears to be the gateway.

Source: Prof Darrell Puls, who's an adjunct professor of conflict management at Trinity Theological Seminary and private practice mediator, trainer, and writer living in Kennewick, Washington. He holds a doctorate in conflict management, specializes in organizational and church conflict resolution, and has worked in the conflict management field since 1976.

"I'm Sorry": The Power of Apology in Mediation

By Dr Carl Schneider

The Elements of Apology
Apology involves the acknowledgement of injury with an acceptance of responsibility, affect (felt regret or shame - the person must mean it), and vulnerability - the risking of an acknowledgement without excuses. It is repair work - work that is often necessary, but difficult.

Apology is a ritual exchange, where what is offered in exchange for the injury done is, in Tavuchis' phrase, "nothing, except a...speech expressing regret."

Aaron Lazare has best captured the ritual exchange of apology: "What makes an apology work is the exchange of shame and power between the offender and the offended."

Apologies in Mediation
Apology is central to mediation: mediation regularly involves disputes in which one party feels injured by the other. An apology is an act that is neither about problem-solving or negotiation. Rather, it is a form of ritual exchange where words are spoken that may enable closure. In the language of transformative mediation, apology represents an opportunity for acknowledgement that may transform relations. Most of us recognize its role in victim-offender mediation and community conferencing, but it can play an equally critical role in other forms of mediation, including employment and divorce mediation.

Assisting Clients with Apology: What makes it work?
People can authentically apologize in mediation, but they often need help in getting past the defensiveness and fear of blame that preclude apology. Apology can not be imposed. It is a moment of opportunity. Parties often need preparation and help with the words. An apology involves such vulnerability that often the only way it is safe enough is with the mediator's assistance in putting the apology in words.

Apology involves an exchange of power and shame. Apology is a form of non-coercive power-balancing enacted by parties in which the powerful offer their vulnerability and through recognition, the injured/humiliated are empowered.

Apology and the Adversarial System
Apology can be a critical element in the settlement of lawsuits. Many of us have been in mediations in which there is a palpable desire for - sometimes an explicit insistence on -apology from plaintiffs. Many of us have witnessed the enormous cost of missed opportunities for apology. The pairing of the law and the adversarial system, however, makes for a matrix antithetical to apology. The preoccupation of American jurisprudence with defending individual rights and fears of admitting culpability can function to preclude apology with its naked unqualified acknowledgement of responsibility. As Lon Fuller has noted, adjudication involves rational ordering of a complaint according to principle whereas apology is not an appeal to reason. The adversary system breeds defensiveness; apology requires vulnerability.

It is possible to have a legal system more supportive of apology. The legal system in Japan functions quite differently and there apology plays a major role as a social restorative mechanism.

Mediation, Apology and The Law
When attorneys are present in mediation it is generally far more difficult to hold open the space for apology, since attorneys are habituated to their role as "watchdog, guarding against their client's unwitting forfeiture of legal entitlements" (McEwan). This creates a wariness of apology which is a moment where a client relinquishes all justifications, excuses, and counter-claims and instead faces the other with moral transparency.

Apology and the adversarial system resemble David encountering Goliath: the one is loaded down with protective armor, the other comes seemingly defenseless. Many mediations are centrally about a damaged relationship. Trust has been broken. When offered with integrity and timing, an apology can be a critically important moment in mediation. An apology, when acknowledged, can restore trust. As Wagatsuma observes, "There are injuries that can only be repaired by an apology." The past is not erased, but the present is changed.

In divorce mediation an opportunity sometimes occurs for clients to acknowledge they have acted in ways that have created injury and they are sorry for the damage inflicted on their marriage and their spouse. The mediator can help people face damaged bonds and sort through what remains. With the marriage vow broken and trust betrayed, does anything remain? Is everything destroyed?

An apology is an opportunity to say, "Yes, there has been a terrible wound here, for which I am truly sorry. My intention is not to destroy you. I am ending a marriage, but I would like to close that door gently, not slam it shut."

Bibliography:

Lazare, A. "Go Ahead, Say You're Sorry." Psychology Today, January/February 1995, 40-43, 76-78.

Levi, D. "The Role of Apology in Mediation." New York University Law Review. 72, (5), November 1997. 1165-1210.

Moore, D. B. "Shame, Forgiveness, and Juvenile Justice." Criminal Justice Ethics, Winter/Spring 1993.

Scheff, T. J., Bloody Revenge: Emotions, Nationalism, and War. Boulder: Westview Press, 1994.

Tavuchis, N. Mea Culpa: A Sociology of Apology and Reconciliation. Stanford, California: Stanford University Press, 1991.

Wagatsuma, H. and Rosett, A. "The Implications of Apology: Law and Culture in Japan and the United States." Law & Society Review, 1986, 20 (4), 461-498.

Source: Dr Carl Schneider, who has trained several thousand divorce mediators in the United States and abroad. Currently Director of Mediation Matters in Silver Spring, Maryland, he formerly was Director (1981-1989) of the Divorce Mediation Service, a group practice of sixteen mediators in the Chicago area, and Director of the Mediation Program of Woodbury College, Montpelier, Vermont. A registered psychologist, Marriage and Family Therapist, and Fellow in the American Association of Pastoral Counselors, Carl holds his Ph.D. from Harvard University.

Why Mediation Often Works When Lawyers Haven’t Been Able To Settle

By Richard Morley Barron

Mediation forces all attorneys to seriously focus only on settlement
Too often attorney settlement discussions are merely a short exchange after depositions, vaguely inquiring about whether the other party is ready to throw in the towel. And when more serious settlement discussions are held, they’re often attempts by one lawyer to see if the other lawyer is willing to modify their “best case scenario” position with obligating the inquiring lawyer to any corresponding concession. Mediation, on the other hand, requires both attorneys and their clients to jointly analyze their case, both strengths and weaknesses, and to prepare for defending and “selling” their position to a reluctant buyer and a somewhat skeptical mediator. Thus, mediation is necessarily more likely to succeed than prior negotiations were because the mediation process forces the parties to be more focused on, and prepared for, negotiation toward settlement.

A mediator’s economic incentive is settling the case
Trial counsel are compensated in different ways, and settlement doesn’t always net them the maximum fee. Moreover, in most cases, as a party prepares for the actual trial, additional expenses such as expert witnesses, etc., are incurred and passed on to the client. And even if a party’s counsel prevails, they can’t guarantee that there will not be an appeal. A mediator has no interest in having a case drag on. On the contrary, a mediator’s reputation for resolving cases, on which his or her practice depends, turns on getting the case before them resolved quickly. Thus, no matter how able one’s trial counsel, it’s often preferable to have a professional mediator to help settle the case. Attorneys have a somewhat different orientation.

Trial counsel have an adversarial orientation
Setting aside economic disincentives, it is hard for a lawyer to get into settlement mode as they are getting ready for trial. The opponent must believe that they are ready, willing and able to go to trial. There is often a fear that counsel’s settlement proposals will be erroneously viewed as evidence of a reluctant to go to trial. There is also a concern about saying anything that might be suggestive of weakness or lack of commitment to the client.

Mediation is structured to produce agreement
In most cases mediation allows parties to be in the same venue but in different rooms for difficult parts of the negotiations. This procedure allows parties to pause before responding, and it encourages each party to compose their thoughts before communicating their positions to the other side. All parties can evaluate opposing parties and their counsel. Parties can ask questions. Parties can present hypothetical solutions without commitment. Parties can normally negotiate face to face, if desired. Parties can obtain impartial feedback from the mediator. Parties can take their time in considering all viable options in a neutral and comfortable setting. The entire process assumes that, with professional assistance, reasonable and knowledgeable participants can jointly arrive at a mutually acceptable resolution of their competing interests.

Mediation puts all players on the field
The ultimate decision maker for each side is almost always at the mediation. This is a vital advantage that is often lacking during regular negotiations. This is especially the case with insurance, corporate and municipal parties. Legal counsel can, and must, deal with their clients on a real-time basis. This prevents the negotiation momentum from breaking down due to having to check with someone or something not present.

Mediation is a black box
Everyone understands that what happens in mediation is totally confidential and will not be discoverable or admissible in a case at a later point. This gives all participants the freedom to explore all possible forms of settlements and even allows them the safety of conceding weaknesses in their case. Parties will not normally share truly sensitive or confidential information nor offer an apology unless they are confident that this will be protected. Mediation is a bit like selecting a pope; the process is subsumed in the result.

Mediators are experts in the process of dispute resolution
Mediators understand the cognitive, affective, equitable and legal aspects of getting parties to “yes”. A good mediator can use their status as a neutral newcomer to the case to carefully investigate with each side the facts, interests and emotions needed to reach a mutually acceptable agreement. A mediator generally will know from experience what will work and what will not. A good mediator serves as a patient negotiation coach who can keep the parties engaged in the negotiation beyond the point at which the parties become discouraged and are ready to give up.

Mediators can confront parties in ways that their counsel cannot
Good attorneys normally know when their clients are being objectively unfair or unrealistic but confronting their client about this is a serious challenge. Mediators can do reality testing with the client without denigrating the legal ability of their legal counsel. Mediators point out to clients that approximately 95% of all civil cases are settled without a trial. They also remind clients that recent statistical studies demonstrate, at least in California, that in only 15% of the civil cases that went to trial did both parties improve their net position over pre-trial offer/demand. Plaintiffs were disappointed in a much higher rate than defendants were. Good mediators can often cause a party to base their evaluation on reality rather than on wishful thinking.

Source: Richard Morley Barron, who's a 1971 graduate of the University of Michigan Law School who has been engaged in civil litigation in federal and Michigan courts for over thirty years in the Flint area. He has mediated cases ordered into mediation by the courts as well as being privately retained by counsel.

An Alternative Approach to Negotiation and Mediation Planning

By Prof Manie Spoelstra

Mediocre and Extreme Issues

It is often of concern for individuals involved in the training and practise of mediation and negotiation to witness how negotiators (even after being trained for several days) still get bogged down in issues that are ‘trivial’ to the central objective or frame. For example, management and labour unions are often drawn into conflict over an extra month maternity leave while less than 2% of their work force is female (and 1% of those are less than 45 years old). Buyers and sellers, in renegotiating an annual contract, often experience outdrawn conflict over penalty clauses while they’ve had an effective relationship for the past ten years! Furthermore a couple, while participating in a mediation about the details of their divorce, fight about the liabilities and not the assets!

Taleb (2007), in his sceptical book on probability theory, ‘The Black Swan’, provides an important view on the kind of data that individuals work with (and how they perceive it) in forecasting or planning. Negotiators, like economists and others, also use available information, expected information and simply guesswork to plan and strategise the outcome of future events.

Taleb (2007, 35) distinguish between two types of data; mediocre and extreme. He makes the analogy that we can often plan the outcome of mediocre variables with an acceptable degree of probability. We can, for example, predict with a fair degree of accuracy, a somewhat linear relationship between rise in annual sales and profitability; or at least draw some sort of bell curve that will indicate the relationship between increased sales and increased capital expenditure.

We could, perhaps, predict, with a moderate degree of probability, the influence of price versus quality in a negotiation between a supplier and a company buyer. We cannot, unfortunately, according to Taleb (2007, 35) predict ‘extreme’ variables (such as exchange rates six months from now) in the same way. We have almost no ability in predicting the influence of some occurrences (plant breakdowns, management changes, staff illness, negotiator emotions, etc) that are ‘black swans’ (extreme cases).

Extreme issues could also be what was traditionally regarded as ‘plannable’ or ‘rational’ such as ‘financial sense’, price, penalty clauses, quality, delivery time, projected sales, payment terms, management changes; in fact, extreme issues could be almost anything depending on the kind of deal that is being negotiated.

How, for example, could any negotiator, politician, historian or economist have predicted the 2008 market crash and financial crises that followed it? This unpredictability possibly has changed many a good deal into a bad one during the past six months.

We do not seem to be good at all in predicting. Especially if we use past data and ‘mediocre statistics’ to predict extreme occurrences (and negotiating could heed extreme behaviours).

For example, who would have predicted in January 2008 that negotiating a merger with a mortgage bank could turn bad, yes, very bad in October 2008. No planning, as is often recommended in books on negotiation and mediation, would have helped negotiators in the past year in any way.

A Planning Method for the Unexpected

Although Taleb accepted that there are very little one can do about the occurrence of ‘Black Swans’ in project planning, in forecasting and in most forms of future planning, he does propose a ‘grey solution’ by accepting . that the unexpected will occur . and then hedging for the 15% unexpected. For the remaining 85% he proposes a conservative approach, in other words, carefully and meticulous information gathering and planning.

With the above notion in mind, Spoelstra (2008) conducted a series of practical ‘experiments’; asking one group of negotiators in training sessions to make use of one method of planning: The method can be called . ‘traditional’ . as it is based on the ‘older’ or ‘traditional method of identifying, weighing and prioritising issues (Lewicki and Litterer, 1985, 60, Bazerman and Neale, 1992, 17). Secondly, he asked another group to plan according to what he calls the ‘Black Swan’ method (due to a lack of a better description).

The ‘Black Swan’ method involves that negotiators, during preparation, list issues and then divide them in ‘mediocre’ (the known) and ‘extreme’ (the deal breakers or the known unknown). Mediocre issues (those they can predict) would in some cases represent 90% of issues. Extreme issues would, in rare case be as many as 20% of the issues.

After negotiators have divided their issues into extreme and mediocre, Spoelstra made them plan to do ‘horse-trading’ of ‘mediocre’ issues, based on reciprocity. He further tried to commit negotiators never to turn mediocre issues into major conflict and to exercise extreme flexibility (because they were mediocre anyway).

On the other hand he demanded from negotiators to develop as many creative alternatives, ‘hedging systems’ and ‘different approaches’ to extreme variables.

The consequences of this approach was that negotiators were seldom drawn into conflict about non-essential issues and focused on those issues that really matter, resulting in significant more resolutions.

The results of this ‘narrative’ experiment’ seem to head significant better results than the ‘traditional’ approach of ranking and prioritising issues and by using the reasoning of Taleb.

Bibliography:

Bazerman, M H, and Neal, M N; 1992; Negotiating Rationally; The Free Press; New York.

Lewicki, R J, and Litterer, J A; 1985; Negotiation; Richard D Irwin, Inc, Illinois.

Spoelstra, H I J; 2008, The Effect of Different Methods of Preparation in Negotiation Outcomes; Unpublished Report, International Negotiation Academy, South Africa.

Taleb, N N; 2007; The Black Swan: The Impact of the Highly Improbable; Penguin; London.

Source: Prof Manie Spoelstra, who has published numerous articles and books on negotiation, general management, strategy formulation and participative management, and has often consulted to many leading companies on these topics. By regularly attending advanced seminars at institutions such as the Harvard Center for Management Research in Boston and the Stanford Business School in San Francisco, and by continuing to teach negotiation at the Witwatersrand Business School and the Rand Afrikaans University, he has maintained his intellectual prowess and has ensured that the courses the International Negotiation Academy offer are consistently of the highest international standard.

Opening of Euromax Terminal in Rotterdam by Asian lines

Hanjin Shipping and its container partners have announced the opening of the Euromax Terminal in Rotterdam, Netherlands that took place on 5 September 2008.

The Euromax Terminal has been developed jointly by ECT (Europe Container Terminal) and the CKYH (Cosco Group, K-Line, Yang Ming Line and Hanjin Shipping) Alliance. The terminal is located in Maasvlakte-1 with 4 berths in Phase-1 and shall be expanded to Phase 4. A total of 2.3 million TEU can be handled in Phase-1 and the terminal will be able to handle 5.6 million TEU once Phase 4 is completed.

Hanjin Shipping, with another European dedicated terminal in Antwerp introduced back in 2006, is studying the possibility of securing more dedicated terminals in a variety of logistics hubs such as in the Mediterranean, South East Asia, etc.

Source: Seatrade Asia Online Maritime News

Noxious liquids leak out your tanks

Damage & Emergency

Minimise risks through preparation

What will you do, when noxious liquids leak out your tanks? With GL you minimise risks to lives, properties and the environment. If it has come to a worst case, know why it happened - and you are better prepared next time.

Emergency Response Service

A cruise ship scrapes a reef. A fire breaks out in a storage room. The many different scenarios the Emergency Response Service (ERS) of Germanischer Lloyd has to handle are often hazardous for passengers, seamen and the environment. The emergency service for ships in trouble consists of a computer based contingency planning system available around-the-clock. In the case of an emergency, the service includes expert analysis of the damage and a detailed recommendation for the rescue procedure. The benefits for the shipping company are evident: An accident can often cost several hundred million euros. If an efficient crisis management system is in place, save considerable amounts of money can be saved and serious environmental damage avoided.

File Access Service

With the File Access Service (FAS), GL offers the permanent storage of plans within the framework of the Non-Tank Vessel Response Plan (NTVRP), required by the U.S. Coast Guard (USCG) for immediate access 24 hours per day. The NTVRP requires that operators of non-tank vessels should identify the shore location and 24-hour access procedures for shore-based calculation data, such as plans and drawings that might be useful in an incident. In case of an emergency, the availability of these plans shall help to evaluate damages and to compile a data model for further investigations.

SOPEP Approval

The "Shipboard Oil Pollution Emergency Plan (SOPEP)" is an information from the owner to the master of a particular vessel how to react in case of an oil spill. It describes the actions to be taken within various scenarios as well as communications to be made, listed in a format required by the MARPOL Convention Regulations. The plan is compulsory for all ships of 400 GRT and above. It has to be approved by the flag administration or a recognized organisation like GL.

SMPEP Approval

The "Shipboard Marine Pollution Emergency Plan (SMPEP)" is an information from the owner to the Master of a particular vessel how to react in case of a spill of noxious liquid substances (NLS) onboard. It tells how to act proper and immediately and whom to contact in such a case - all in a format required by the MARPOL Convention Regulations. The plan is compulsory for all ships of 150 GRT and above which are certified to carry noxious liquid substances in bulk (NLS). The IMO recommends furnishing a combined plan dealing with oil and NLS spills. The plan has to be approved by the flag administration or a Recognized Organisation. GL is authorized to approve the SMPEP.

Damage & Repair Management

Germanischer Lloyd co-ordinates all of hull and machinery related damages and the required repairs of the world wide GL classified fleet in service. GL issues technical reports and expert opinion reports for civil and legal affairs concerning shore plants and their sub-systems, power and heat systems and more. We accompany and mediate laboratory failure analysis of the material. Shipowners benefit from macroscopic documentation, our evaluation of damage characteristics, tests of material quality and micro investigations. We evaluate ship-side operational data and identify fracture appearances of wear mechanisms by scanning, electron microscopy and calculation for docking in loaded condition.

Source: Germanischer Lloyd (GL), who's a ship classification society and an international inspection, certification and technical consultancy company. Both business fields follow the same approach of technical competence, uncompromising quality and first-class services around the world.

Intelligent Ship-Breaking Getting ready for 2013

Ship Recycling, a challenging aspect on the conscience of shipping, is finally being addressed by the Marine Environment Protection Committee (MEPC). The new convention will provide regulations for the design, construction, operation and preparation for recycling of ships so as to facilitate safe and environmentally sound recycling. How can shipowners and yards prepare for the new requirements?

Every new ship would have to enter service with a certified Inventory of Hazardous Material (IHM). "This has to be updated through a ship's life time", explained Henning Gramann, Environmental Engineer and expert for Ship Recycling at GL. "Existing ships would also be provided with such an inventory within the first five years the convention enters into force - or before the vessel is sent for demolition, whatever comes first."

Recycling Facilities would need to comply with safety and environmental requirements to gain their authorization and e.g. handle and dispose of hazardous material safely. Ship Recycling States will be required to take effective measures to ensure that Ship Recycling Facilities under their jurisdiction comply with the convention. "When an owner decides to scrap a vessel, a facility approved in line with the requirements of the convention has to be chosen. The combination of the abilities of and methods applied at this facility and the ship characteristics like size and hazardous materials contained, will be considered for preparation of the specific Ship Recycling Plan by the ship recycler.

This plan has to be approved by the Recycling State and is required for issuance of the International Ready for Recycling Certificate by the Flag State", he added. "This means ships will have to undergo an initial survey to verify the inventory of hazardous materials at the beginning of their operational life, or in-between for existing ships, re-surveys during the life of the ship, and a final survey directly prior to recycling."

In order to assist shipyards and shipowners in the implementation of the new convention a series of guidelines are being developed. The entry into force criteria for the convention (number of states required and percentage of gross merchant shipping tonnage plus consideration of ship recycling capacity) will be decided by the Diplomatic Conference when formally adopting the proposed convention and starting the ratification process.

If the convention enters into force in 2013 as expected, globally approximately 50.000 ships will fall under the new regulation.

Source: Germanischer Lloyd (GL), who's a ship classification society and an international inspection, certification and technical consultancy company. Both business fields follow the same approach of technical competence, uncompromising quality and first-class services around the world.

Trade News - Seaborne

Yang Ming Line (YML) increases intra-Med coverage

Yang Ming Line (YML) shall launch its second East Mediterranean feeder service nextmonth, connecting hub port, Port Said with Istanbul, Haydarpasa, Izmir andAshdod deploying two 1,800 teu vessels.

Hyundai bumps up Asia/Europe capacity

Hyundai Merchant Marine (HMM) is to start deploying 8,560 teu vessels on its Asia/Europe Express (AEX) service to replace 6,800 teu vessels from late February 2009. In what is an unusual move given the present market conditions, HMM will begin phasing in the larger vessels as replacements for those of 6,800 teucapacity with the first of a class of four newbuildings chartered from Zodiac Maritime on February 24th.

Charleston reduces rates

The South Carolina State Ports Authority (SCSPA) is to reduce rates at Charleston through the mid-Winter period by 5% to "provide near-term reliefto customers impacted by the current global economic situation", the Authority announced. The reduction will run between January 1st and March 31st 2009 and cover contract unit fees for container carriers. The SCSPA also confirmed today that in the first five months of fiscal 2008 (July/November), container volumes were down 4% on the same period last year

Source: PR News (Copy 5831, 5832, and 5833)

NOL announces cost reduction initiatives

Neptune Orient Lines (NOL) is to cut its global workforce level by around 1,000 people, and shift its US regional headquarters from Oakland to a "morecost effective location" in the US, in the latest of a series ofcost-cutting initiatives undertaken by the Singapore-headquartered group.

The move follows the decision by NOL last month, to cut capacity on theAsia/Europe and Transpacific trades.

These capacity reductions are estimated to save NOL some US$200m next year.

Some 50 jobs are also expected to go at the Singapore headquarters, andthere will be a series of changes in the way the APL Logistics is managed,which is expected to create "efficiencies and a clearer line of sight ofroles and accountabilities".

NOL Group president/ceo, Ron Widdows said he anticipated, "NOL's plans wouldlead to a restructuring charge of approximately US$33m in NOL Q4 financialresults, but would deliver positive financial outcomes in future years".

Source: PR News (Copy: 5782)

Tiada sebab mansuhkan sekolah vernakular

Tiada sebab kukuh untuk sistem persekolahan vernakular dimansuhkan.

Menurutnya, ini berikutan prestasi akademik mereka amat memberangsangkan.

Kalau prestasi mereka menurun, cadangan yang dikemukakan oleh Datuk Mukhriz boleh diterima akal.

Tetapi, sekolah vernakular menghasilkan ramai pemimpin dan usahawan berjaya dalam pelbagai bidang, malahan pandai bertutur dalam pelbagai bahasa termasuk bahasa kebangsaan kita.

Cadangan Ahli Parlimen Jerlun untuk memansuhkan sistem persekolahan vernakular dan digantikan dengan sistem menggabungkan semua aliran persekolahan tidak dapat diterima.

Walaupun Mukhriz mendakwa ia rasional dengan tujuan menyatukan semua kaum di bawah satu sistem persekolahan namun cadangannya itu boleh membawa kepada perpecahan kaum.

Isu sekolah vernakular sepatutnya tidak disentuh tetapi beliau boleh mengemukakan cadangan lain yang boleh diterima oleh masyarakat berbilang bangsa di negara ini.

Kepentingan mempelajari bahasa Tamil dan Cina tidak diketahui oleh sesetengah pihak.

Menurutnya, bahasa Tamil dan Cina amat diperlukan dalam urusan eksport dengan negara luar kerana negara China dan India merupakan pemasaran eksport utama di negera kita.

Sekurang-kurangnya 60 peratus daripada eksport negera ini, adalah untuk negara India dan China dan jika kita tahu bahasa mereka, mereka lebih selesa untuk berunding dengan orang tempatan dan akan membantu lagi meningkatkan prestasi ekonomi negara.

Pertumbuhan ekonomi di Malaysia melalui pelbagai bahasa (multilingualism).

Source: Front Page on Sinar Harian on 9 December 2008

You may visit International Multilingual Research Journal (IMRJ), by Lawrence Erlbaum Associates and Arizona State University.

IMO publishes new IMDG Code (2008 Edition)

A new edition of the International Maritime Dangerous Goods (IMDG) Code, the standard guide to all aspects of handling dangerous goods and marine pollutants in sea transport, has been published by the International Maritime Organization (IMO) in hard copy, as a download and as an internet subscription. The new edition includes the changes in Amendment 34-08, adopted by the Maritime Safety Committee (MSC) in May 2008.

Although the information in the Code is directed primarily at the mariner, its provisions are essential for a whole range of industries and services. Manufacturers, packers, shippers, feeder services such as road and rail, and port authorities will find reliable advice on terminology, packing, labelling, classification, stowage, segregation, and emergency response action.

The new amendments to the Code are mandatory as from 1 January 2010 but may be applied by Administrations voluntarily from 1 January 2009.

The many detailed changes introduced by Amendment 34-08 include:

- In the Dangerous Goods List, there are 12 new UN numbers going up to 3481, with explosives going up to 0508;

- There are also 5 UN numbers which were previously not listed in the IMDG Code because they were not regulated under it;

- Appropriate training for shore-side staff involved with dangerous goods is now mandatory instead of just recommended, and may be audited by the competent authority. Persons not yet trained may only operate under the direct supervision of a trained person; and

- Additional changes concerning marine pollutants, IMO tank instructions, excepted quantities, limited quantities and radioactive materials of class 7.

Details:
Product code: IG200F, ISBN: 978-92-801-2406-4

Product code: IG200S, ISBN: 978-92-801-0182-9

The products listed above are available from...

- Authorized Distributors of IMO Publications

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International Maritime Dangerous Goods (IMDG) Code

The International Maritime Dangerous Goods (IMDG) Code was developed as a uniform international code for the transport of dangerous goods by sea covering such matters as packing, container traffic and stowage, with particular reference to the segregation of incompatible substances.

Development of the IMDG Code

The development of the IMDG Code dates back to the 1960 Safety of Life at Sea Conference, which recommended that Governments should adopt a uniform international code for the transport of dangerous goods by sea to supplement the regulations contained in the 1960 International Convention for the Safety of Life at Sea (SOLAS).

A resolution adopted by the 1960 Conference said the proposed code should cover such matters as packing, container traffic and stowage, with particular reference to the segregation of incompatible substances.

A working group of IMO's Maritime Safety Committee began preparing the Code in 1961, in close co‑operation with the United Nations Committee of Experts on the Transport of Dangerous Goods, which in a 1956 report had established minimum requirements for the transport of dangerous goods by all modes of transport.

Since its adoption by the fourth IMO Assembly in 1965, the IMDG Code has undergone many changes, both in appearance and content to keep pace with the ever‑changing needs of industry. Amendments which do not affect the principles upon which the Code is based may be adopted by the MSC, allowing IMO to respond to transport developments in reasonable time.

Amendments to the IMDG Code originate from two sources; proposals submitted directly to IMO by Member States and amendments required to take account of changes to the United Nations Recommendations on the Transport of Dangerous Goods which sets the basic requirements for all the transport modes.

Amendments to the provisions of the United Nations Recommendations are made on a two‑yearly cycle and approximately two years after their adoption, they are adopted by the authorities responsible for regulating the various transport modes. In that way a basic set of requirements applicable to all modes of transport is established and implemented, thus ensuring that difficulties are not encountered at inter‑modal interfaces.

IMDG Code classes

For the purposes of this Code, dangerous goods are classified in different classes, to subdivide a number of these classes and to define and describe characteristics and properties of the substances, material and articles which would fall within each class or division. General provisons for each class or division are given. Individual dangerous goods are listed in the Dangerous Goods List, with the class and any specific requirements.

In accordance with the criteria for the selection of marine pollutants for the purposes of Annex III of the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 relating thereto (MARPOL 73/78), a number of dangerous substances in the various classes have also been identified as substances harmful to the marine environment (MARINE POLLUTANTS).

Responsibilities

The classification shall be made by the shipper/consignor or by the appropriate competent authority where specified in this Code.

Classes, divisions, packing groups

Substances (including mixtures and solutions) and articles subject to the provisions of this Code are assigned to one of the classes 1-9 according to the hazard or the most predominant of the hazards they present. Some of these classes are subdivided into divisions. These classes or divisions are as listed below:

Class 1: Explosives

Division 1.1: substances and articles which have a mass explosion hazard

Division 1.2: substances and articles which have a projection hazard but not a mass explosion hazard

Division 1.3: substances and articles which have a fire hazard and either a minor blast hazard or a minor projection hazard or both, but not a mass explosion hazard

Division 1.4: substances and articles which present no significant hazard

Division 1.5: very insensitive substances which have a mass explosion hazard

Division 1.6: extremely insensitive articles which do not have a mass explosion hazard

Class 2: Gases

Class 2.1: flammable gases

Class 2.2: non-flammable, non-toxic gases

Class 2.3: toxic gases

Class 3: Flammable liquids

Class 4: Flammable solids; substances liable to spontaneous combustion; substances which, in contact with water, emit flammable gases
Class 4.1: flammable solids, self-reactive substances and desensitized explosives
Class 4.2: substances liable to spontaneous combustion
Class 4.3: substances which, in contact with water, emit flammable gases

Class 5: Oxidizing substances and organic peroxides
Class 5.1: oxidizing substances
Class 5.2: organic peroxides

Class 6: Toxic and infectious substances
Class 6.1: toxic substances
Class 6.2: infectious substances

Class 7: Radioactive material

Class 8: Corrosive substances

Class 9: Miscellaneous dangerous substances and articles

# The numerical order of the classes and divisions is not that of the degree of danger.

Marine pollutants and wastes

Many of the substances assigned to classes 1 to 9 are deemed as being marine pollutants. Certain marine pollutants have an extreme pollution potential and are identified as severe marine pollutants.

Buy the IMDG Code

The IMDG Code (Latest edition - Amendment 34-08) can be bought in hard copy and electronic format from the IMO Publication section.

Also available is the IMDG Code Supplement, containing several related texts including a new revised EMS Guide, and the mandatory INF Code.

IMDG Code for Windows v9 (DG200E) and the intranet version (DG201E) will be available from http://www.imdgsupport.com/

What's in it

The Code lays down basic principles; detailed recommendations for individual substances, materials and articles, and a number of recommendations for good operational practice including advice on terminology, packing, labelling, stowage, segregation and handling, and emergency response action.

Source: International Maritime Organization, which is the United Nations specialized agency responsible for improving maritime safety and preventing polution from ships.

The Week at a Glance

Allied Shipbrokering Inc says "unemployment" is becoming the No 1 issue with published statistics creating fear and uncertainty.

It was further elaborated that, in USA in November 533.000 jobs have been lost, increasing the number of jobs lost since January 2008 to 1,91 million, thus creating a 34 year high! Pretty scary?

In the Euro zone, OECD foresees worsening of therecession. Growth for the year 2009 is anticipated to benegative at around minus 1% whereas inflation isexpected to be at the region between 1,1% and 1,7%.

Commodity speaking, BHP Billiton will follow its rivals Vale and Rio Tinto in cutting down production of iron ore after seeing Far Eastern steel mills not increasing their stocks. In oil, Saudi Arabia will reduce its crude production in January as demand keeps on dropping.

Source: S&P Weekly Glance, Allied Shipbrokering Inc (Week 50, 2008)

Admission to MIArb

Conflict, probably the dispute, prevention and management, or rather its transformations are deemed as core issues in development planning and management works, simply because development projects are, under normal circumstances, not only affected by conflicts or disputes, but also run at the risk of aggravating conflicts that already exist or even of triggering off new conflict dynamics.

The evolution of conflict prevention and management (CPM) as a practice shall depend on the necessary resources being committed to the relevant initiatives in the future. CPM faces serious problems in this respect because it is extremely difficult to evaluate whether conflict prevention initiatives have been responsible for a conflict not having happened?

It, ideally, includes Alternative Dispute Resolution (ADR), a combined theoretical and practical approach for arbitration, mediation & adjudication, as widely promoted by the relevant professional bodies, such as "Institut Penimbangtara Malaysia" or Malaysian Institute of Arbitrators (MIArb).

Being a professional logistician, having involved in international trade and logistics management regardless of sea, air, rail and land modes, I’m always of the great interest of CPM and ADR.

I think it's ideal to have a forum that involves representatives from various cultural and educational backgrounds, combines a theoretical and policy outlook with a strong focus on the development of new methods for CPM and ADR as well as confidence building. Specifically, the aim is to identify methods, models and strategies for the necessary improvement. This shall be achieved by the sharing of ideas and experience between leading academics, politicians, practitioners, policy makers and leaders abroad.

I'm pleased greatly that I have successfully been admitted as an Associate of the Malaysian Institute of Arbitrators, which entitles the letters "AMIArb". I'm, with inspiring hopes, looking forward to serve, rightfully settle, to my best of knowledge and belief, any Logistics and Transportation related dispute(s) and/ or conflict(s) in the international trade.

For Sharing ONLY

What is an Arbitrator's Duty of Disclosure?

By Loeb & Loeb LLP

An arbitrator undertakes an awesome responsibility. He or she will be judge, jury, clerk, stenographic reporter and appellate review tribunal compressed into a single individual. When an arbitrator decides a case it is assumed that the arbitrator heard the evidence, understood it completely and applied the law and/or principles of justice and equity to achieve the correct result. The parties must have complete confidence in the arbitrator's fairness and integrity and in his or her ability to do all of these things.

How do the parties know that the person they selected has these attributes and will do these things? In classic arbitration they knew and trusted the individual. The arbitrator was the wise old man on the fishing boat dock, whom everyone knew, and who was trusted to know more about fish than anyone else. The fishermen were able to place complete confidence in him because they knew him intimately. Today we have gone to the opposite extreme. The arbitrator who is sufficiently close to a party to have instilled this type of confidence is for that very reason arguably disqualified. The arbitrator selected ideally has no relationships with any of the parties or their counsel. The parties must attempt to select the right person based in large part upon the information they can obtain from the potential arbitrator. The disclosure process has thus become the modern surrogate for the common knowledge of the marketplace.

The classic formulation of the disclosure rule is found in Cannon II of the Code of Ethics for Arbitrators in Commercial Disputes (AAA/ABA 1977) ("the Code"):

"An arbitrator should disclose any interest or relationship likely to affect impartiality or which might create an appearance of partiality or bias."

AAA Commercial Arbitration Rule 19 is very similar. The current discussion draft of the Revised Uniform Arbitration Act requires disclosure of "(1) any direct or indirect financial or personal interest in the outcome of the arbitration, or (2) any existing or past relationship with the parties or counsel, or (3) any other facts reasonably likely to affect the impartiality of the arbitrator. These disclosures are to be made before the appointment is confirmed. The duty of disclosure continues thereafter throughout the arbitration.

INTEREST

An Arbitrator must disclose a relevant "interest". The Code defines this as a "direct or indirect financial or personal interest in the outcome of the arbitration." A direct interest is not difficult to identify or define. Where the arbitrator will receive economic or personal benefit as a result of a potential award, this obviously must be disclosed. The Supreme Court has likened the role of an interested arbitrator to that of the judge is an old case where a small part of the judge's income consisted of fees collected from convicted defendants. The economic incentive to convict, however trivial in amount, was a "... manifest violation of the strict morality and fairness Congress would have expected on the part of the arbitrator..." In a state court case a party-appointed arbitrator was found to have violated his ethical obligations by failing to disclose that he was charging a contingent fee for his services in the matters.

The California Arbitration Act has micro-managed the disclosure obligation to near absurdity, but the legislature's thinking is nevertheless instructive. "Direct interest" is equated with "a financial interest in the subject matter in a proceeding or in a party to the proceeding (Cal. Code Civ. Proc. 1281.9(e), 170.1(a)(3)). An indirect interest is a similar interest held by the arbitrator's spouse or minor child, or a similar interest held by the arbitrator or by the arbitrator's spouse as a fiduciary. The courts have regarded "interest" as a matter bearing upon the integrity or the appearance of integrity which lies as the core of the arbitral process. However trivial, interest should be disclosed. This is a per se rule, not one of reason, and justly so.

RELATIONSHIPS

The obligation to disclose relationships is much more complex, and in the context of vacatur has engendered much more litigation. The Code lays down the general rule that disclosure extends to existing or past financial, business, professional, family or social relationships which might reasonably create an appearance of partiality or bias. Such relationships may be those personal to the arbitrator, that is, relationships which the arbitrator may have personally with any party or its lawyer or with any identified witness. They may also be derivative, in the sense of relationships involving members of the arbitrator's family, employer, partner or business associate.

There is a dual element of reasonableness here. Both the duty to disclose interests and the duty to disclose relationships implicate a reasonable effort to investigate their existence. Following such investigation the potential arbitrator should disclose those relationships which are likely to affect impartiality or which might reasonably create an appearance of partiality or bias. But this is not a situation where the arbitrator should deliberately try to come close to the bright line. When in doubt disclose.

I will not try to characterize the myriad cases that have dealt with failure to disclose material relationships. By way of example, awards have been overturned where arbitrators failed to disclose such relationships as a long-term social relationship with an attorney for a party, concurrent legal representation of a party in unrelated litigation, prior business dealings with a party, a prior business relationship with a party or principal of a party, and prior communications with a party concerning the subject matter of the arbitration. Similarly, failure to disclose that a party is a present or past client of the arbitrator's firm has been held ground for vacatur, although failure to discover and disclose that a party was a client of the arbitrator's former firm--unknown to the arbitrator--was not. An arbitrator who is affiliated with a law firm should perform a conflict check in order to disclose any past or present representation of a party to the arbitration by any member of the firm. There is no clear standard as to the extent to which a potential arbitrator should investigate and disclose business relationships of other members of the firm or of their family members. Nor is there a clear standard as to the extent to which a potential arbitrator should investigate and disclose relationships of the provider organization with which he or she is affiliated. A fair rule of thumb is that if in the nature of things the arbitrator is aware of these relationships and a reasonable inference can be drawn that they may influence the arbitrator's thinking they should be disclosed. The same should be true as to business relationships of the arbitrator's close family members.

BIAS

Cannon II of the Code requires disclosure of interests or relationships which might create an appearance of partiality or bias. Although actual bias may well be subsumed by this requirement, there is no specific recognition in the Code of bias as a separate subject of disclosure. AAA Rule 19 identifies bias as a separate disclosure item. Bias may exist for reasons other than interest or relationships. "Evident partiality" on the part of a neutral arbitrator is a ground for vacatur of an award under Uniform Arbitrator Act 12(a)(2) and Federal Arbitration Action 10(a)(2).

The standard for vacatur is appearance of bias; actual bias need not be shown. One may not be aware that he or she has a mental attitude or disposition toward or against a party to the arbitration or is prejudiced in relationship to the subject matter of the dispute, and even if such attitude or disposition exists it may be impossible of proof. Neither the parties' necessarily partisan views nor the strained relations which may arise or expressions of opinions which may be uttered during the course of a proceeding are competent evidence of bias or prejudice.

A potential arbitrator may have formed an opinion as to the appropriate outcome of a matter before it is presented. This would be especially true in a case where the public, including the potential arbitrator, has been bombarded by news stories and media speculation. While a competent neutral should be able to set his or her preconceptions aside and decide the matter on the evidence presented, a case can be made for the proposition that the state of mind of the arbitrator should be a subject of disclosure like any other relevant fact. Consistent with this the Guidelines adopted by the British Chartered Institute of Arbitrators emphasize that an arbitrator must be without bias or the appearance of bias and require disclosure of all facts or circumstances that might give rise to reasonable doubt as to impartiality.

KNOWLEDGE, OTHER PROCEEDINGS

The authors of the California statute focused on three-additional areas of disclosure: an arbitrator must disclose personal knowledge of disputed facts concerning the proceeding; an arbitrator must disclose prior and pending matters in which the arbitrator served or serves as a party arbitrator or attorney for a party in the arbitration; and an arbitrator must disclose prior and pending matters involving a party or attorney in the arbitration in which the arbitrator served or serves as neutral arbitrator. The latter disclosure requirements are appropriately limited to protect the confidentiality of the other proceedings.

ACCEPTANCE; VACATUR

A potential arbitrator is not automatically disqualified upon making these types of disclosures. To the contrary, if the arbitrator proceeds without objection following full disclosure the arbitrator is deemed to have been accepted and the objections to have been waived. Any resulting award may not be attacked based upon interest or relationships which are fully and timely disclosed.

The ethical standards relating to disclosure, and the legal standards relating to vacatur of an award are facially similar, but the vacatur cases should not necessarily provide the basis for evaluating ethical obligations. The arbitrator's responsibility is at the outset to the parties and to the process. A court, faced with the question whether to vacate an award after the arbitration has been completed may consider the impact upon the party opposing vacatur. If the opposing party is innocent of any wrongdoing and will be faced with the burden and expense of a new hearing this may be relevant. On the other hand if the party opposing vacatur was equally cognizant of the disqualifying interest or relationship and remained silent this too may be considered. And if the party seeking vacatur held back to see how the case turned out before asserting a known interest or association this too should be weighed, and the party might well be deemed to have waived the objection or to the subject to estoppel.

NON-NEUTRAL ARBITRATOR

One accepting the position of a party-appointed non-neutral arbitrator is subject to a duty of disclosure in order that the other party and the other arbitrators may have some insight and understanding into the non-neutral's involvement. The disclosure should be sufficient to provide such insight and understanding but need not be as detailed or specific as that of a neutral arbitrator. A party-appointed non-neutral arbitrator is not subject to disqualification by the other party based upon matter so disclosed.

仲裁司在仲裁中的活动?
刘茂亮
来源：法制日报

　　仲裁法是建立和谐社会、优化经济发展环境的重要法律制度。仲裁法实施近10年来，我国的仲裁事业取得了丰硕成果。到目前为止，全国185个仲 裁机构选聘了约5万多名以专家为骨干的高素质的仲裁司，荟萃了法律、经济、技术、金融、房地产等各方面优秀人才。近十年来，仲裁司们以特有的智慧和热情， 妥善地解决了14万件民商事纠纷，为维护市场经济的健康发展作出了重要贡献。

　　仲裁司在仲裁活动中正确处理与仲裁庭其他成员、仲裁委员会、专家咨询委员会以及与当事人之间的关系，对于妥善解决民商事纠纷，彰显仲裁特色，体现仲裁优势，提高仲裁案件的调解、和解率、快速结案率、提高仲裁裁决的自行履行率具有重要意义。

　　一、仲裁庭成员之间的关系

　　仲裁司应以谦虚、谨慎的态度处理与仲裁庭其他成员之间的关系。我们认为，仲裁的成功与否不是取决于仲裁庭某一个人的主观努力，而是需要仲裁庭 其他成员，包括当事人及其代理人的理解、合作与配合。仲裁庭三位仲裁司是合作群体，不是利益个体，要有团队意识、大局意识、整体观念。仲裁庭三位仲裁司在 仲裁活动中，要相互尊重，谦虚相待，默契配合。特别是我们要明确，首席仲裁司不一定就是水平最高的，而是仲裁制度规定的。仲裁司之间(仲裁司与当事人之 间)，由于大家的经历、职业不同，看问题的角度、方法的不同，而对案件中事实的认定、证据的判断、法律的理解上有较大出入，这是很正常的。谁是谁非，正确 的程度多大，在学术上往往也有争论，不宜以偏概全，应该允许有探讨的余地。

　　(一)仲裁司的权威不是单靠权力，而是靠学识、见地、能力、个人修养等诸多因素确立的。仲裁司既不能没有主见也不能固执已见，以权威自居。仲 裁司特别是首席仲裁司，要有虚心听取他人意见的气度，能够以宽容态度、宽阔的胸怀理解和审视分歧。首席仲裁司如果主观武断，盛气凌人，骄傲急躁，自以为 是，刚愎自用，就容易破坏仲裁庭的合作气氛，必然会引起律师、当事人的不满与反感，就很难达到公正仲裁纠纷的目的，更不能取得解决纠纷的最佳结果。

　　(二)每个仲裁司都不要对别的仲裁司傲慢无礼，或者自私自利，处处事事以我为中心，否则就不能虚心研究正反不同的证据材料，就不能听取来自各方面的意见，就会影响判断证据的客观性，损害认定事实、适用法律的正确性，损害仲裁的公正、权威。

　　如果仲裁司在仲裁庭卖弄学术、文人相轻，这样肯定不能很好地解决纠纷，反而会“失望”于当事人，影响仲裁司包括仲裁机构的形象。当事人会想，“你仲裁司就这种水平，内部还不和谐”，焉能服人。所以，仲裁司一定要有团队意识、大局意识、整体观念，维护仲裁庭的形象。

　　仲裁以解决纠纷为根本目的。在仲裁实践中，有的仲裁司写出累累万言的仲裁裁决书，美其名曰“写了厚厚一本书”。这是什么裁决书？自认为裁决书 写得越厚，当事人就会觉得其水平多高。这其实未必是好的裁决书，也未必是称职的仲裁司，不值得提倡，还是要以解决问题为先。裁决书充分讲理是必要的，但是 要把握好这个度，道理有时不必多讲，有时你讲得越多，一方当事人的脸上越挂持不住，对仲裁司就越反感。

　　另外，仲裁司对自己的经验、学识不要盲目自信。如果仲裁司不熟悉某个专业，即使当事人选其做仲裁司，也要向当事人说明情况，拒于选定。

　　二、仲裁司与仲裁委员会之间的关系

　　仲裁不是独裁。仲裁司、仲裁庭接受仲裁委员会的监督是仲裁法的应有之义。仲裁法规定了中国仲裁协会对仲裁司的监督(违法违纪行为)。实际上， 大量的监督要由仲裁机构来进行。我们认为，无论仲裁司的自律还是仲裁实体的裁处，都应当接受监督。为什么？仲裁法第十二条规定了仲裁机构由三分之二的法 律、经济贸易的专家组成，专家的指导作用应涵盖实体的监督，而非“依势以干非其类”、干预仲裁(实践证明这是非常必要的)。切不可认为仲裁庭独立仲裁、仲 裁司独立仲裁就不要监督了。

　　三、仲裁司与专家咨询委员会的关系

　　专家咨询委员会是仲裁委员会为了解决复杂疑难问题，组织社会各界法律专家或者相关行业的专家组成的一个智囊团。有些案件(是由仲裁庭自己提出 要进行专家咨询的)即使专家也不好定论的情况是存在的。如何对待专家咨询委员会研究后作出的咨询性意见？我们认为，专家咨询委员会研究后作出的咨询性意见 仲裁庭应当耐心听取，因为专家咨询委员会和仲裁司的目的、方向是一致的，都是为了更为妥善地解决纠纷。如果仲裁庭不接受专家咨询委员会的意见，应当报告仲 裁委员会，并说明理由。

　　四、仲裁司与当事人之间的关系

　　我国传统上是典型的“熟人社会”，每个人都是人际关系网的一个节点，特别是我们办任何事都喜欢找熟人。然而，市场经济的发展又将民事、商事活 动推向了一个“生人社会”。在这个新的环境中，诚信就成为一切民事活动的价值核心。解决民商事纠纷，参与仲裁活动，当事人找熟人的观念在当前的诉讼积习驱 使下是难以避免的。他们往往可能到处打听仲裁司的基本情况，暗中获取其信息，来达到自己的目的。这样，靠人情还是靠诚信？仲裁司只靠诚信。仲裁司只要稍稍 偏离诚信轨道，仲裁就会变成“不拿刀的强盗行为”，当事人就会“吃不了兜着走”。有人讲，在法制社会，最有权力的人就是能给别人造成合法伤害的人，不诚信 就会导致这种后果。从仲裁法实施近十年来看，仲裁司总体上做得是好的，值得欣慰。

　　仲裁的信誉由仲裁司创造，仲裁司队伍素质的高低决定着仲裁事业的兴衰成败。仲裁司必须厚德载物、诚信为本，从而奠定自己在当事人心目中可信赖 的地位。作为一名仲裁司，必须公道正派、公正廉洁，这是起码的要求。仲裁司办理案件靠的是知识、学问、智慧。除了衣着要高雅、谈吐要文雅、举止要儒雅、有 品味外，气节、人格方面，也是有定位的。要堂堂正正做仲裁司，坦坦荡荡行使仲裁权，不能给那些忙于和仲裁司拉关系、走门子，试图左右仲裁公平天平、影响裁 决结果的人为伍，丧失气节。仲裁司不当行使仲裁权就会砸了仲裁机构的牌子。

　　(一)仲裁司应当独立、公正，平等地对待双方当事人，秉持公心，本着自己的善良之心和对法律精神的理解进行裁决。不得代表或偏袒任何一方当事 人的利益，更不得作为任何一方代理人行事。从这个意义上讲，仲裁司有渊博知识、有处理纠纷的能力，但不一定就是合格的仲裁司，还必须有处理纠纷时的善良之 心。无论当事人的职业、身份、社会地位、财产状况、企业的性质、所在地域、案件标的额的大小等有何不同，仲裁司都要一视同仁、同等关注，不能厚此薄彼。当 事人相信仲裁司有高尚品质和对法律的正确把握，相信仲裁司能够公正仲裁，才选定你当仲裁司。选定了你，但你决非是某一方的代理人。因此，仲裁司决不能辜负 当事人的这份期望和信任。

　　需要指出的是，仲裁司虽然是被一方当事人选定、委任的，但却是受各方当事人所信赖的。受各方当事人委托仲裁案件，万不可忘已之位，忘记行使仲裁权之源，徇私情，载一方之欲而乘物以逞，与当事人一方俯仰甚善，做出枉法裁决。

　　(二)在仲裁活动中，仲裁司必须廉洁公正。

　　廉洁是仲裁公正的基本保障。廉洁是指仲裁司在仲裁活动中，不利用仲裁权谋取个人私利，不接受当事人请客、送礼及其提供的任何利益。廉洁也是公 正的前提，但廉洁不等于公正。公正是指正直，公平合理，不循私偏袒。公正不仅要求仲裁司廉洁，还要求仲裁司诚实，防止主观片面性。仲裁司要对双方当事人的 法律权益作出终局裁决，关系重大，惟有廉洁公正，方能担此重任。

　　仲裁司权力很大，仲裁裁决出现错误纠正的渠道很少，仲裁司又是松散性地分布在各个部门，靠什么手段去保障仲裁司的公正性、保证裁决的质量？我 们认为，靠律已。在仲裁活动中，仲裁司必须律已，谨遵执业操守，克制私欲，洁身自爱、珍惜名誉。对于可能影响案件独立、公正裁决的要依法回避，依规定进行 信息披露。不与涉案的当事人、代理人私底下接触，严禁办“金钱案”、“关系案”、“人情案”。给当事人造成经济上和心理上的伤害，也给整个仲裁机构抹黑。 在仲裁活动中，要“临财勿苟得”，“见利不更其守”，守道忘势，择善固守。俗话说，“吃人家嘴短，拿人家手软”、“乘人之车者载人之患”。为追求私利有求 于人，必然受制于人，心理必然有压力，在审理案件过程中，就难以超脱，不能主持公道。坚持廉洁公正，就能够站在公正的立场上，毫无私欲及个人顾虑，没有偏 见地处理案件争议。在当事人有此类表示时，要冷静自持，切不可廉价地讨好某一方，取悦某一方，毁坏自己的名声，破坏仲裁机构威信。

　　为了纯洁仲裁司队伍，把仲裁司队伍建成“铁打的营盘”，国务院法制办几年前曾经发过《关于进一步加强仲裁司、仲裁工作人员管理的通知》，就仲 裁司违法违纪行为的后果作了规定。在仲裁活动中，仲裁司出现徇私情、做出枉法裁决的，仲裁机构要将其除名，还要进行全国通报。一旦被通报，可以想见，他将 在整个系统、行业甚至社会上名誉扫地。我们认为，仲裁司经过多年奋斗取得的社会地位和声望，是不愿也不屑于做这种事的，为这种事将自己的名声毁掉，实在得 不偿失。

　　(三)在仲裁活动中，仲裁司应当务求中立、耐心地听取当事人的意见。

　　仲裁司应以谦虚、谨慎的态度处理与当事人之间的关系。仲裁活动中，仲裁司的一举一动，关乎当事人的利益，双方都十分敏感，所以需慎言。注意说 话的时机、说话的方式、技巧等，避免引起当事人误解，猜忌。如果你说话不当、训斥当事人，粗暴甚至无理，可能会被当事人认为你有倾向性、有偏袒。

　　另外，怠忽职守、敷衍塞责，就会影响当事人对仲裁司的尊重与信赖。而这种尊重与信赖，往往是仲裁成功的重要因素。有的仲裁司尽管业务精深，但 是他还总是告诫自己说，“许多争议，案情复杂，当事人之间矛盾尖锐，稍有不慎就可能出现判断错误，给当事人带来不必要的损失”。“仲裁案件如临深渊，如履 薄冰，唯恐不能客观全面地审查判断证据。”他们认真、严谨，一丝不苟，对工作高度负责的态度值得钦佩。

　　(四)仲裁司在仲裁活动中要拘小节、举轻若重。

　　仲裁司在仲裁活动中除了要公正、廉洁、敬业、审慎、勤勉、尽职尽责外，要拘小节。在开庭、评议时不能擅离岗位或从事与仲裁无关的其他事项的行 为。比如，随便进出仲裁庭，随意接打手机都是不尊重他人的表现，对当事人而言也是不负责任的。在仲裁开庭时更要注意小节。小节不小，如果不注意，就会损害 仲裁司的形象，挫伤当事人的感情。

　　仲裁司要尊重当事人，要耐心、善意，努力营造和谐氛围，创造合作环境，不能居高临下、盛气凌人，更不要与当事人争论，否则容易造成仲裁司与当事人的对立情绪，影响案件的仲裁。

A well-respected "Supervisor" of mine

He's my Professor in USM... (photo was taken at Changi Airport, Singapore)

Associate Professor Khoo Boo Teik was born, bred and schooled in Georgetown, Malaysia, before obtaining degrees from the University of Rochester, Massachusetts Institute of Technology (MIT), and the Flinders University of South Australia. An Associate Professor in the School of Social Sciences, Universiti Sains Malaysia (USM), Dr Khoo is the author of two-well acclaimed best-selling books on Malaysian politics, namely:-

1. Paradoxes of Mahathirism: An Intellectual Biography of Mahathir Mohamad (1995)

2. Beyond Mahathir: Malaysian Politics and its Discontents (2003).

Over the years, he has been engaged in several internationally funded multi-country research projects on social, economic, and political change in Asia (particularly Southeast Asia) in co-operation with researchers from Australia, Cambodia, Hong Kong, Indonesia, Japan, Malaysia, Singapore, Sweden, and Thailand.

My Boss, Capt Ananda Kumar

It gives me the great pleasure to be able to exercise my knowledge and experience in Logistics & Transport, under the leadership of Capt Ananda Kumar, who's the "Captain" of AK Ventures Berhad, Sea Consortium, Sea Intergrated Services (SIS) in Malaysia.

Capt Ananda Kumar is a Master Mariner with boundless experience sailing the seven seas. He possess an astute business sense and great commercial acumen in gauging viability of shipping projects that he handles. In short, he's a very humble and nice guy.

It was glad that he officiated the Opening of our Northern Region NEW office on 14 January 2008. Other members of our Senior Management team, Mr Mohamed Mohaideen (Dino) and Mr Khu Heong Chye were also present.

Besides the commercial routine works, our Group do carry out some charity-activities, the most recent ones are...

Short-Sea Shipping

Sea transport or simply shipping is essential to the functioning not just of modern society generally, but of the global economy in particular. For international trade, sea transport remains the most economical mode of transportation that moves all kinds of goods around the world. For example, shipping makes possible the bulk movements of raw materials and primary commodities to sites of manufacturing, and manufactured products to their markets. Moreover, the movement of forms of fuel and energy, especially petroleum and natural gas, is also largely dependent on shipping. Without effective and economical sea transport, therefore, the viability and efficiency of the world economy would be adversely affected. Indeed, economic growth has become closely related to developments and improvements in sea transportation (Tirschwell 2004).

In recent times, developments and advancements in sea transportation have had profound impacts upon international trade. To take an important example, the conversion of merchandising from break-bulk shipping to containerization now permits goods dispatched from their point of origin to reach their intended destination more efficiently, and with much less risk of damage to the goods. There are also clear benefits to exporters and importers when sea transportation costs less while facilitating ‘Just-In-Time’ stock management. Presently, traders can expect relatively safe, easy and economical access to international markets through a combination of deep-sea and short-sea shipping that utilizes container transshipment opportunities.

Within the very broad area of sea transportation, short-sea shipping – also called short-haul sea transport – has become increasingly important because most trunk or deep-sea vessels do not call at small or “off-line” ports. At such ports, the depth may be insufficient to accommodate large vessels, or the cargo amounts are too limited to justify the use of large vessels. Instead, “feeder operators” provide separate short-sea shipping services that mediate between small ports and large vessels. Since small ports greatly outnumber major ports in the world, short-sea transport is an indispensable part of the growth in sea transportation.

Logistician: "The Important Skills, Knowledge and Abilities"

01. Critical Thinking — Using logic and reasoning to identify the strengths and weaknesses of alternative solutions, conclusions or approaches to problems.

02. Judgment and Decision Making — Considering the relative costs and benefits of potential actions to choose the most appropriate one.

03. Systems Analysis — Determining how a system should work and how changes in conditions, operations, and the environment will affect outcomes.

04. Complex Problem Solving — Identifying complex problems and reviewing related information to develop and evaluate options and implement solutions.

05. Time Management — Managing one’s own time and the time of others.

06. Management of Personnel Resources — Motivating, developing, and directing people as they work, identifying the best people for the job.

07. Speaking — Talking to others to convey information effectively.

08. Writing — Communicating effectively in writing as appropriate for the needs of the audience.

09. Programming — Writing computer programs for various purposes.

10. Mathematics — Using mathematics to solve problems.

11. Logistics and Production Planning — Knowledge of the concepts involved in supply-chain theory (“just-in-time,” materials requirement planning, etc.) and their applications.

12. Statistics — Knowledge of the science (and art) of using arithmetic and probability theory to work out how likely an association between sets of measurements or between sets of observations is to have happened by chance alone.

13. Managing Coworkers — Ability to manage, lead, and instruct people.

14. Prioritization — Ability to establish a hierarchy of importance to a number of tasks or needs and to organize work accordingly.

15. Adaptability — Ability to react to change in an efficient manner.

16. Coolness Under Fire — Ability to work under pressure.

Retrieval: Logisticians/ California EDD/ Labour Market Information Division

Logistician: "The Professional Tasks"

01. Develop and implement technical project management tools such as plans, schedules, and responsibility and compliance matrices.

02. Develop proposals that include documentation for estimates.

03. Direct and support the compilation and analysis of technical source data necessary for product development.

04. Direct availability and allocation of materials, supplies, and finished products.

05. Direct team activities, establishing task priorities, scheduling and tracking work assignments, providing guidance, and ensuring the availability of resources.

06. Manage the logistical aspects of product life cycles, including coordination or provisioning of samples, and the minimization of obsolescence.

07. Participate in assessment and review of design alternatives and design change proposal impacts.

08. Perform system life-cycle cost analysis, and develop component studies.

09. Plan, organize, and execute logistics support activities such as maintenance planning, repair analysis, and test equipment recommendations.

10. Provide project management services, including the provision and analysis of technical data.

11. Redesign the movement of goods in order to maximize value and minimize costs.

12. Report project plans, progress, and results.

13. Stay informed of logistics technology advances, and apply appropriate technology in order to improve logistics processes.

14. Collaborate with other departments as necessary to meet customer requirements, take advantage of sales opportunities or, in the case of shortages, minimize negative impacts on a business.

15. Develop an understanding of customers’ needs, and take actions to ensure that such needs are met.

16. Explain proposed solutions to customers, management, or other interested parties through written proposals and oral presentations.

17. Set up training requirements for staff, developing course work, scheduling courses, and delivering course materials.

Retrieval: Logisticians/ California EDD/ Labour Market Information Division