rightship inspection что это
PDF Version
Arbitrators and maritime counsel usually become involved in a shipping dispute only after one party’s expectations are disappointed. Charterers often find out about a vessel’s shortcomings when it fails to perform as anticipated, is detained in port due to deficiencies, or is rejected by a shipper. RightShip, the Australia-based ship vetting company, is attempting to bridge the information gap by supplying an ocean of data on commercial vessels and even rating vessels’ suitability for a given voyage.
RightShip holds itself out as an independent ship vetting company that provides reliable and transparent ratings for virtually any commercial vessel afloat. Users log into RightShip’s Ship Vetting Information System (SVIS) and enter basic information about the proposed voyage. RightShip analyzes the user’s request and its own database of information on the vessel. Based on this information, RightShip provides a 1- to 5-star rating, which indicates whether the vessel is acceptable for the voyage or requires further review. Users can also view information about the vessel from RightShip’s database. RightShip may even conduct physical inspections of low-scoring vessels to determine whether they can be approved.
RightShip operates under the premise that most marine incidents are caused by relatively few vessels, and that these vessels can be identified through objective criteria. By focusing resources on questionable vessels and giving the rest a pass, RightShip says it can deliver reliable recommendations efficiently and cost-effectively.
RightShip’s users are primarily charterers, but also include shippers, ship owners, insurers, regulators, terminals, and others. RightShip claims that ship owners and managers reap benefits from high ratings in the form of lower insurance costs and higher charter rates. RightShip helps shippers and charterers choose vessels with a lower risk of lost cargo and delays from casualties or detentions. Insurers, port state controls, terminals, and others can use the information to decide whether a vessel is likely to be involved in a claim or cause a delay in port.
RightShip was founded in 2001 as a joint venture between BHP Billiton and Rio Tinto Shipping and, initially, provided its vetting services for the coal and iron ore cargoes of those two companies. However, RightShip quickly saw interest from third parties including Cargill Ocean Transportation, which joined the partnership in 2006. According to RightShip, over 50% of its vetting services are now performed for parties other than the three owner-partners.
RightShip is headquartered in Melbourne, Australia and maintains offices in London and Houston.
How it works
The RightShip system starts with a database of information on virtually all commercial vessels over 500 tons – over 72,000 vessels at present. RightShip collects data from a number of “partners,” including the International Association of Classification Societies, Lloyd’s Register, IHS Fairplay, Lloyd’s MIU, port state controls, terminals and even ship owners. RightShip also considers other criteria, including whether the vessel has an environmentally-friendly Green Award certificate or if the owner is a member of Intertanko. In the case of older vessels and vessels of special concern, RightShip conducts physical inspections. Finally, users can provide their own criteria for acceptable vessels, such as age restrictions or limitations on past cargoes.
RightShip uses the data to score vessels on over fifty factors, such as yard, owner, operator/manager, age, casualty history, port state control history, flag, conditions of class and class changes, terminal inspections, ISPS certificate data, trading patterns, and cargo history.
To vet a vessel, the user provides the name of the vessel, the intended cargo, and the load and discharge ports. The user’s criteria and RightShip’s data are then passed through an algorithm to determine a gross score for the vessel. That score may be adjusted if the vessel has an environmentally friendly Green Award certificate or if the owner is a member of Intertanko.
A rating of 1- to 5-stars is assigned based on the final score, and the vessel is either instantly approved or flagged for further review. In any case, the user can review the individual risk factors underlying the rating. According to RightShip, a rating is valid only at the time it is given and is subject to change as RightShip constantly updates the underlying data in its system.
A vessel that is rated three stars or higher is automatically RightShip “approved”. For vessels with one or two stars, RightShip will conduct a more detailed review of the vessel, including a physical inspection if necessary.
In addition to vetting, RightShip recently launched Environmental Ratings for vessels. The environmental rating system considers data such as pollution incidents, MARPOL deficiencies and any environmental certifications held by the vessel. RightShip rates a vessel’s environmental friendliness on a 5-star scale similar to the SVIS and also grants letter grades for greenhouse gas emissions on an A-G scale. RightShip claims it can estimate the amount of CO2 that will be produced, and the fuel that will be consumed, during a particular voyage and then allows users to compare these values between vessels.
Legal Considerations
Given RightShip’s perceived ability to provide an objective rating for virtually any vessel, it may come as no surprise that charterers are demanding “RightShip approval clauses” in their charters. Approval clauses may require a vessel to maintain a certain number of stars or simply remain an “approved” vessel during the charter period. Perhaps equally unsurprisingly, owners are wary of approval clauses that are dependent, in part, on factors entirely outside their control.
So-called RightShip approval clauses may turn out to be as vexing to the dry bulk cargo trade as have the “approval by oil majors” clauses common in tanker charters. One of the main concerns is the “time limited” nature of RightShip approvals. Because RightShip ratings are based on data available at the time the vet is conducted, they are essentially a “snapshot” of the vessel’s suitability for a specific voyage. Ratings can change along with the fifty or so inputs, some of which are entirely outside the ship owner’s control. Thus, it may not be possible to “maintain” a RightShip rating throughout a charter period, as some approval clauses require. It may simply be a promise that even the most diligent owner cannot keep.
These concerns may be justified, considering an ordeal faced by the owners of the “Anarchos”. As reported in TradeWinds (11 February 2011), the owners found their RightShip rating suddenly lowered from 5 stars to 2 stars after a Belfast port state control detention concerning documentation. A 2-star rating would significantly impair the vessel’s commercial options and charter rate. Here, RightShip ultimately agreed to reverse the deduction, but only after the owners offered extensive proof that the detention was unwarranted. A happy ending perhaps; but not one that will prevail in all instances. For ship owners, a 2-star rating translates to a real loss of earnings as demand for their vessels declines.
In a decision of the English Commercial Court, Mr. Justice David Steel considered whether RightShip approval could be implied in a charter party based on the NYPE form. In Seagate Shipping Ltd. v. Glencore International AG, (Commercial Court, 31 July 2008), reviewed on the Steamship Mutual website in Requirement to Obtain Rightship Approval (September 2008) the charterer argued that a clause requiring the vessel to maintain all certificates necessary to participate in trades permitted by the charter party included RightShip approval. The charterer also sought to have RightShip inspectors board the vessel pursuant to the charter party clause requiring the vessel to follow the charterer’s instructions “as regards employment.”
In the underlying London arbitration, the panel agreed with the charterer on both issues. The panel found that the “all certificates” clause “would have conveyed to reasonable people with all the background knowledge reasonably available” that a RightShip-approved vessel was required of the owner. The panel also found that the owner was required to permit RightShip inspectors aboard the vessel.
On appeal, Mr. Justice Steel rejected the tribunal’s interpretation of the “all certificates” clause. He noted that RightShip approval was not mentioned in the charter party and that the owners had specifically rejected a RightShip approval requirement during pre-fixture negotiations. Moreover, RightShip approval differed from the types of certificates referenced in the charter party (flag, port, etc.) insofar as RightShip approval was not mandated by law.
The Seagate Shipping decision was not a total win for the ship owner, however. Mr. Justice Steel sided with the charterer concerning RightShip inspections. The court concluded that, as a matter of commercial reality, RightShip inspections were legitimate charterers’ orders “as regards employment”.
New York arbitrators or courts have not yet had occasion to rule on RightShip approval clauses, but tanker vetting clauses provide a familiar analogue. As a general rule, New York arbitrators uphold vetting clauses. (See David W. Martowski, Vetting Clauses, 26 Tul. Mar. L. J. 123 (Winter 2001)). Tanker vetting awards may guide the resolution of RightShip approval disputes when, inevitably, they are arbitrated in New York.
The panel’s award in “American Energy” S.M.A. No. 3141 (Arb. N.Y. 1995), illustrates the difficulties owners face in complying with vetting clauses. Here, the charterparty required the owner to keep the vessel “in a standard acceptable to all major chemical producers and all major oil companies (e.g. BP, Shell, Exxon, etc.)” for the duration of the charter. The owner argued that the clause merely required the vessel to be in a condition that could pass the majors’ vetting requirements, but that actual vetting was unnecessary. The panel disagreed, finding that the clause “required vetting by the majors and not simply an unspecified and unquantified standard of acceptance by those companies.” Indeed, the panel dismissed as “pointless” the owner’s plaint that “the vetting process is subjective and ever-changing and thus should be viewed with caution.”
Perhaps the quantitative nature and immediate availability of RightShip approvals will remove much of the uncertainty seen in the tanker vetting cases. After all, who can argue with an algorithm that considers more than 50 input factors? However, this may be one of RightShip’s vulnerabilities. How do these multiple factors reasonably translate into a five-star rating system? Which of these factors, if altered during the course of a charter’s performance, may result in a reduction of a star rating and possible breach by the owner? Are the owner’s undertakings concerning RightShip’s approvals sufficiently specified so as to assure that the owner knows what is required?
Whether RightShip ultimately will drive charterers to quality vessels and operators, with the benefit of reducing claims and costs (and putting lawyers and arbitrators out of work), remains to be seen. The scope of the company’s vetting activities is certainly growing. However, until a body of case law and S.M.A awards is developed, there are likely to be plenty of disputes making their way to tribunals in New York and London.
With thanks to Peter Skoufalos of Brown Gavalas & Fromm for preparing this article, with contributions by Patrick O’Mea and Keren Busani-Halevi.
Rightship inspection что это
Innovative data and insights to support you on your path to decarbonisation
Prepare for RightShip’s expanded inspections questionnaire
Everything you need to know as the transition begins
Maritime Future Fuels
LNG as a maritime fuel – a RightShip position paper
RightShip’s GHG Rating and the EEXI and CII
A RightShip position paper
Crew Welfare Self-Assessment
Showcase your commitment to our seafarers and develop strategies to improve
There’s a better way to move cargo
Safety and sustainability risk management solutions delivered with a social conscience
What is RightShip?
RightShip is the world’s biggest third party maritime due diligence organisation, providing expertise in global safety, sustainability and social responsibility practices.
Our organisation was built to respond to a pressing need for operational improvements in the maritime industry. We provide comprehensive due diligence services so you can make informed business decisions. We also help industry partners work towards excellence in safety, sustainability and social responsibility practices on shore and at sea.
Our team believes that a successful voyage is commercially beneficial to the entire supply chain. A best practice journey meets the highest safety standards, is good for the environment and ensures seafarers are supported.
Powered By Data And Industry Experts
We combine years of industry experience, analytics and large data sets to provide our safety and environmental scoring systems, recommendations and advice, all delivered through one easy to use platform.
Using our risk management and best practice tools, you’re able to make informed decisions in an environment that is a constant state of flux.
Learn what RightShip’s solutions can do for you
Shipowners
Benchmark your fleet and market your vessels as you work towards zero harm
Charterers
Get the most comprehensive safety, sustainability and crew welfare due diligence support from our expert team
Ports and terminals
Let us help you assess your risk and emissions profile and develop reductions strategies
Financial
Our due diligence services provide an added layer of protection in your financing assessments
Insurance
Quickly and easily identify vessels standing out from others in their peer group as part of your underwriting process
Find a perfectly tailored solution for any industry
When it comes to safety, quality and environmental performance benchmarking, the only comprehensive tool a ship operator has is RightShip. It is vital for us to measure and compare our results. Apart from benchmarking, the live feed of incidents on the tasks menu contains important lessons learnt from across the industry which are always included in our safety bulletins! We are proud to work with RightShip in an effort to improve the safety and environmental sustainability of the maritime industry.
Working towards zero-incident, zero-emissions seas since 1991
RightShip is committed to setting global safety and sustainability benchmarks in the maritime sector.
Alongside our mission to make our seas safer and minimise the environmental impact of international shipping, we believe we make a difference by supporting not-for-profit maritime organisations, including those that work towards improving the wellbeing of seafarers.
Nearly 100 seafarers were lost on large bulk carriers, mostly off the coast of Western Australia
RightShip is founded in Australia
RightShip US office is opened
UK RightShip office opens
RightShip commits to ambitious sustainability goals and develops the Greenhouse Gas Emissions Rating (GHG Rating)
RightShip wins the Prime Minister’s Exporter of the Year award
The innovative RightShip Qi digital platform is launched
RightShip appoints Martin Crawford-Brunt as CEO
RightShip opens a Singapore office, with Steen Brodsgaard Lund becoming the company’s first CEO based in this location
RightShip launched its Platform and Safety Score, an important initiative to level the playing field for charterers and owners.
Rightship inspection что это
We enable thousands of voyages a year to complete safe and sustainable journeys
Collaborating and innovating together to achieve zero harm journeys
We have an obligation to drive change using our data. From decarbonisation to future fuels and land-based fuel infrastructure – this is a trillion-dollar exercise. There is an enormously heavy pull towards a zero-carbon maritime economy, and RightShip has the data and expertise to play a significant role in this.
A consistent theme in the DNA of RightShip is the power of collaboration. To achieve lasting success, RightShip must work not only as a united team, but in close cooperation with individuals, maritime businesses, associations and governments. With a shared vision for a maritime industry that causes zero harm, we can deliver innovative safety, sustainability and human rights solutions.
Steen Brodsgaard Lund
Chief Executive Officer, RightShip
To be a trusted innovation partner, charting a safe, sustainable and socially conscious future for the maritime industry
We’re not just about reducing emissions and improving operational efficiency. We seek to provide all people in the supply chain with safe and practical business solutions, so that the industry can continue to thrive.
By working to achieve safety, sustainability and socially responsible practices across the supply chain, we can work together to drive significant industry change. That’s the RightShip way.
Giving back
Committed to carbon reduction
We consistently aim to minimise our emissions as an organisation. Our sustainability team manages our internal carbon accounting inventory and we seek to reduce our emissions year-on-year, by purchasing renewable power and limiting flights where possible and conducting meetings in a digital setting.
At RightShip we’re working to become a paperless organisation, with all marketing materials and business cards produced electronically. Our team is always looking for ways to reduce its impact on the environment and remains abreast of suitable innovation to integrate into our operations for improved environmental efficiency.
Subscribe to our news
Stay up to date with RightShip’s projects and innovation
Working towards a zero harm industry since 1991
Our story
Between 1988 and 1991, nearly 100 seafarers were lost on large bulk carriers, mostly off the coast of Western Australia. These tragic events were the result of avoidable industry practices. The ensuing ‘Ships of Shame’ report shone a spotlight on an urgent need to improve industry standards.
RightShip was formed in Melbourne in 2001, with BHP Freight and Rio Tinto committing to deliver an industry standard that all maritime workers could commit to.
The program was rolled out across all BHP Billiton and Rio Tinto assets globally, at which point it was essential to open a US-based office. In 2006 Cargill joined as an equal partner shareholder and by 2007, UK and European offices had been established.
As RightShip has evolved, it has added a key sustainability focus. The team developed the Greenhouse Gas Emission Rating (GHG Rating) to measure the carbon dioxide output of vessels.
RightShip developed its class-leading RightShip digital Platform in 2021. It’s an innovation that has been widely praised and adopted.
RightShip is helmed by CEO Steen Brodsgaard Lund, who brings more than 30 years of maritime experience to his role. He is supported by more than 110 staff worldwide and is particularly focused on digital innovation that can in turn deliver improvements in safety, sustainability and human rights.
Meet our team
RightShip’s leadership team is made up of industry experts and technical specialists, based across all four of our offices, ready to help you today.
Rightship inspection что это
Innovative data and insights to support you on your path to decarbonisation
Prepare for RightShip’s expanded inspections questionnaire
Everything you need to know as the transition begins
Maritime Future Fuels
LNG as a maritime fuel – a RightShip position paper
RightShip’s GHG Rating and the EEXI and CII
A RightShip position paper
Crew Welfare Self-Assessment
Showcase your commitment to our seafarers and develop strategies to improve
There’s a better way to move cargo
Safety and sustainability risk management solutions delivered with a social conscience
What is RightShip?
RightShip is the world’s biggest third party maritime due diligence organisation, providing expertise in global safety, sustainability and social responsibility practices.
Our organisation was built to respond to a pressing need for operational improvements in the maritime industry. We provide comprehensive due diligence services so you can make informed business decisions. We also help industry partners work towards excellence in safety, sustainability and social responsibility practices on shore and at sea.
Our team believes that a successful voyage is commercially beneficial to the entire supply chain. A best practice journey meets the highest safety standards, is good for the environment and ensures seafarers are supported.
Powered By Data And Industry Experts
We combine years of industry experience, analytics and large data sets to provide our safety and environmental scoring systems, recommendations and advice, all delivered through one easy to use platform.
Using our risk management and best practice tools, you’re able to make informed decisions in an environment that is a constant state of flux.
Learn what RightShip’s solutions can do for you
Shipowners
Benchmark your fleet and market your vessels as you work towards zero harm
Charterers
Get the most comprehensive safety, sustainability and crew welfare due diligence support from our expert team
Ports and terminals
Let us help you assess your risk and emissions profile and develop reductions strategies
Financial
Our due diligence services provide an added layer of protection in your financing assessments
Insurance
Quickly and easily identify vessels standing out from others in their peer group as part of your underwriting process
Find a perfectly tailored solution for any industry
When it comes to safety, quality and environmental performance benchmarking, the only comprehensive tool a ship operator has is RightShip. It is vital for us to measure and compare our results. Apart from benchmarking, the live feed of incidents on the tasks menu contains important lessons learnt from across the industry which are always included in our safety bulletins! We are proud to work with RightShip in an effort to improve the safety and environmental sustainability of the maritime industry.
Working towards zero-incident, zero-emissions seas since 1991
RightShip is committed to setting global safety and sustainability benchmarks in the maritime sector.
Alongside our mission to make our seas safer and minimise the environmental impact of international shipping, we believe we make a difference by supporting not-for-profit maritime organisations, including those that work towards improving the wellbeing of seafarers.
Nearly 100 seafarers were lost on large bulk carriers, mostly off the coast of Western Australia
RightShip is founded in Australia
RightShip US office is opened
UK RightShip office opens
RightShip commits to ambitious sustainability goals and develops the Greenhouse Gas Emissions Rating (GHG Rating)
RightShip wins the Prime Minister’s Exporter of the Year award
The innovative RightShip Qi digital platform is launched
RightShip appoints Martin Crawford-Brunt as CEO
RightShip opens a Singapore office, with Steen Brodsgaard Lund becoming the company’s first CEO based in this location
RightShip launched its Platform and Safety Score, an important initiative to level the playing field for charterers and owners.