Anthony W.J.

Fernandez

CREATIVE MARINE INSURANCE CONSULTANTS PRIVATE LIMITED

405, Vyapar Bhavan, 49, P. DMello Road, Carnac Bunder, Mumbai 400 009 Telefax (+91 22) 2348 3818 Cell: (+91) 93211 92110 Email: averageadjuster@yahoo.in

Risk Management Consultant, Consulting Average Adjuster, Arbitrator, Mediator, Mentor & Learning Facilitator

VISION
Known by my nick-name Tony (the short form of Anthony), I was born on 13-Jun-44, in India. My vision is to be a life-long learner and a life-long sharer of knowledge, skills, experience and attitudes, to all those who wish to learn, by facilitating in an interactive and a joyful manner for empowering transformation. In so doing, I highlight the impact of human factors on the technical, commercial, contractual and legal aspects of the Shipping, Shipbuilding, Energy (Oil & Gas) and Insurance Industries, and emphasize the importance of a win-win approach. I aim to prevent disputes, and when they do arise, I strive to resolve them through the strengths of competence and integrity, by transparency and equity without bias or prejudice, to the extent humanly possible.

MISSION
I am an ex-seafarer and have a wide range of experience of over 47 years (ship-board and shore-based), which includes boat/shipbuilding, ship-maintenance, ship-repair, dry-docking, ship-design, shipmanagement, statutory and classification surveys, insurance surveys, risk assessments, failure analysis, valuation of ships and fixed / mobile offshore structures, loss adjusting, average adjusting, arbitrating, mediating, lecturing and facilitating learning in a wide range of subjects including Maritime Law, Marine Insurance and Risk Management. These strengths empower me to maximizing the impact of my facilitation in the fields of Shipping, Shipbuilding, Maritime Law and Insurance education, and enrich me in practicing as a Consulting Average Adjuster, Risk Management Consultant, Arbitrator, Adjudicator, Mediator, Mentor and Learning Facilitator. I am committed to spreading goodwill through professionalism, for making life an empowering experience for myself and with those I interact with.

VALUES
Creative Marine Insurance Consultants Pvt. Ltd., (formerly, Tony Fernandez Average Adjusters Pvt. Ltd.), is a customer-driven organization, believing in long-term relationships forged through professionalism based on competence and credibility. We believe that to delight our Customers we must go the extra mile, and rise above the call of duty. We believe that independence, inter-dependence, affiliation, appreciation, and affection are the catalysts that promote individual empowerment to create synergy among our Associates and Customers. We believe in promoting, amongst all those with whom we associate, Self Esteem, Mentoring, Integrity, Listening with Love and a pursuit for Excellence (S M I L E). We are committed to continual improvement to achieve excellence in the practice of all facets of risk management and marine insurance, in order to earn our Customers trust by fulfilling their needs, through creative solutions to resolve challenges issues. We aim at conducting our practice in a legal, moral and professional manner, which is economically beneficial to our Customers, and is rewarding, financially and otherwise, to ourselves and our Associates. We believe that we will grow and prosper only if we support one another. We are team players who believe in synergy. We are committed to the highest ethical standards and recognize that our Company must take a leadership role in our Profession. We strive to live by the Golden Rule, by treating all with respect, courtesy, and openness. We believe in Atithi Devo Bhavah (the Guest is to be welcomed as God), and so open our doors, hearts and minds to all those who visit us, with a Namaste, which means: I honour the place in you in which the entire universe dwells. I honour the place in you, which is of Love, of Truth, of Light, and of Peace. When you are in that place in you and I am in that place in me, we are one! Anthony W.J. Fernandez, Curriculum Vitae, 13-Jun-13

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TECHNICAL & MANAGEMENT EDUCATION

1961-1965 Successfully completed the 4-Year A Grade Apprenticeship of the Indian Navy specializing in Shipbuilding and Naval Architecture, (equivalent to a Degree in Mechanical Engineering). Passed the City & Guilds of London Examination in Shipbuilding, (through self-study) and obtained a 2nd Class. Attended Executive Development Programs conducted by the Bombay University at Jamnalal Bajaj Institute of Management Studies, Mumbai and passed qualifying examinations to obtain Certificates in Administrative Practice, Personnel Management, Production Management and Materials Management.

1965-1966

1972-1974

1974-To Date Continual up-gradation of knowledge in various topics by attending Learning Programs / Seminars / Webinar / Workshops, on the following:- Cost Reduction, PERT & CPM Planning Techniques, Law and Practices of Arbitration, Management by Objectives, Ultrasonic Instrumentation, Bridge Resource Management, Internal Auditor and Lead Auditor in ISO 9001 Quality Management Systems, International Safety Management Code Workshop, Qualifying Course in Neuro-Linguistic Programming, ISM Auditors Course, MBTI Qualifying Program (at Temperament Research Institute, Huntington Beach, California USA) and Stress Management conducted by ISF Consultancy. Attended Webinar on Latent Cause Analysis For Everyone via the Mini-LCA, conducted by C. Robert Nelms of Failsafe Network Inc., in 2009, Lead Assessor Course for ISO 25999 Business Continuity Management and Risk Management Standard ISO 31000 conducted by British Standards Institute in 2012.

EMPLOYMENT DUTIES & RESPONSIBILITIES

07/10 to date Chairman & Managing Director Creative Marine Insurance Consultants Pvt. Ltd. Heading a wholly owned, totally Independent, Professional Company specializing in Creative solutions to Marine Insurance challenges (both underwriting and claims), based on a Risk Management approach, including Risk Reduction, Risk Transfer, Risk Audits and Risk Reviews; consultancy on matters pertaining to Risk Assessment, Underwriting, Loss Prevention, Loss Minimization and Claims Management of Marine Risks. Marine Casualty Response, Superintendence of Marine Salvage & Towage Operations. Have designed and conducted Learning Programs on Risk Management, Marine Insurance, General Average, Salvage, Towage Operations, Conflict Prevention / Resolution, locally and abroad. 07/09 06/10 Risk Management Consultant, Consulting Average Adjuster & Learning Facilitator Provided Consultancy services to the Shipping and Energy (Oil & Gas) Industry in the fields of Operational Risk Management, Salvage and Towing operations. Designed and conducted Conferences, Seminars, Workshops and Training Programs in Risk Management and Marine Insurance, Maritime Law, Maritime Salvage and General Average. 01/06 06/09 Director and Area Manager Braemar Falconer (India) Pvt Ltd. Founded Indias first Foreign Direct Investment (FDI) Company specialized in Risk Management and Marine Warranty Surveys for the Marine and Offshore Industries. 06/85 12/05 President Tony Fernandez, Inc., / CMD Tony Fernandez Average Adjusters Pvt. Ltd. Headed a wholly owned, totally Independent, Professional Company, specializing in Surveying and Average Adjusting of Marine and Energy (Onshore and Offshore) Insurance Claims and Risk Management Services, for Indian and Overseas Insurance Companies (Private and Public Sector), Ship Owners, Charterers Ship Repairers, Ship Builders, Oil & Gas Field Operators, Oil Rig Owners, and Contractors.

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Anthony W.J. Fernandez, Curriculum Vitae, 13-Jun-13

EMPLOYMENT DUTIES & RESPONSIBILITIES CONTINUED

06/83 05/85 Managing Director, J.B. Boda Offshore Surveyors & Adjusters Pvt. Ltd. Responsible for establishing Indias first Offshore Surveying & Adjusting Company. Responsible to the Chairman J.B. Boda Group of Companies, for the profitable running of the Company specializing in Marine Hull and Energy (Onshore / Offshore Oil & Gas) Claims. 06/78 05/83 Principal Marine & Insurance Surveyor J.B. Boda Surveyors Pvt. Ltd. Responsible to the Managing Director for conducting various types of surveys on behalf of Marine Insurers, Protection & Indemnity Clubs and Ship / Cargo Owners. I was responsible for the theoretical and practical training of Staff Surveyors. 06/76 05/78 General Manager V.M. Salgoacar Shipyard Pvt. Ltd. I was responsible to the Group Chairman V.M. Salgoacar Group of Companies, for the profitable running of the Shipyard including the functions of ship-design, shipbuilding, shiprepair and ship maintenance activities of a Fleet of River Barges carrying Iron Ore and Diesel Oil. During this period was Non-Exclusive Surveyor to American Bureau of Shipping. 02/71 05/76 Assistant Shop Superintendent Shipwright Workshop, Bombay Port Trust Responsible to Superintendent for the productivity of the different Work Stations including Pattern Making, Saw Mill, Rigging, Sail-making, Boat-building; Technical Management of a Port Trust Launches, Tugs and Barges under Chief Mechanical Engineer. Responsible as Statutory Surveyor under Indian Ports Act XV of 1905 for Survey and Certification of Cargo Boats for Seaworthiness, Load Line Assignment, Passenger Carrying Certificates, and for survey and issue of Certificates for Barges carrying Petroleum Products and Explosives. 08/68 02/71 Chief Instructor Shipwright Training School, Indian Navy Responsible to the Officer-in-Charge for theoretical and practical training to Shipwright Artificer Trainees, (Apprentice-Entry and Direct-Entry Graduates / Diploma Holders), in Ship-building, Naval Architecture, Shipyard Practice and Workshop Technology. 08/65 07/68 Shipwright Artificer Indian Navy On board Indian Naval Ships, responsible for the maintenance and repairs of various equipment including ventilation / pumping and flooding / sanitary systems, boats, drydocking, damage control, fire-fighting and salvage operations. Was Nuclear, Biological, Chemical Defense (including Fire Fighting) Instructor on board an Aircraft Carrier.

OTHER QUALIFICATIONS
I am a Qualified Neuro-Linguist Practitioner, a Qualified Practitioner of Myers-Briggs Type Indicator (MBTI) a Personality Type Instrument. (I am ENFP Type), a Qualified Lead Auditor of ISO 9000 (Quality), ISO 29000 (Business Continuity) Management Systems, and an Internal Auditor for ISM Code.

MEMBERSHIP OF PROFESSIONAL INSTITUTES

I have been elected to membership of many professional institutes including the Royal Institution of Naval Architects (UK), the Society of Naval Engineers (USA), the Institution of Structural Engineers, the Institute of Plant Engineers, the Institution of Non-Destructive Testing, the American Society of Welding, Institution of Diagnostic Engineers (UK), the Association of Average Adjusters of the United States and the Institute of Insurance Surveyors and Loss Adjusters. I am a Foreign Associate Member of the Association of Average Adjusters of the US. I was elected as an Honorary Member of the International Institute of Marine Surveyors (UK) in 2010.

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Anthony W.J. Fernandez, Curriculum Vitae, 13-Jun-13

OVERVIEW OF PROFESSIONAL EXPERIENCE FOR THE PAST 47 YEARS IN THE FOLLOWING:01. Average Adjuster / Consulting Average Adjuster Please see paragraphs 17 & 18 on pages 14 & 15 Risk Management Consultant Please see paragraph 13 on page 13 Mediator / Arbitrator / Sole Adjudicator Please see paragraphs 14 & 15 on page 14 and 24 on pages 17, 18 & 19 Expert Witness Please see paragraph 19 on page 16 Diagnostic Engineer & Failure Analyst Please see paragraph 20 on 16 Marine Salvage Consultant Please see paragraph 21 on page 16 Amicus Curiae (Friend of the Court) Please see paragraph 22 on page 17 Marine Insurance Professional Please see paragraph 23 on page 17 Marine Warranty Surveyor Please see paragraph 24 on pages 17 Sole Adjudicator Please see paragraph 25 on pages 18 to 22 Chief Instructor / Learning Facilitator Please see 08/68 02/71 and paragraph 24 on pages 19 & 20 Statutory Surveyor (Under Indian Ports Act 1908) Please see 02/71 to 05/76 on page 3 Classification Society Surveyor (Non Exclusive American Bureau of Shipping) Please see 06/76 05/78 on page 3 Principal Marine & Insurance Surveyor Please see 06/78 05/83 on page 3 Marine / Energy (Oil & Gas) Asset Valuer Please see paragraphs 8.4 and 8.5 on page 8 Neuro Linguistic Programr / MBTI Practitioner Please see paragraphs 8.4 and 8.5 on page 8 Chairman / Managing Director of Private Limited Companies Please see paragraphs on pages 2 and 3

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Anthony W.J. Fernandez, Curriculum Vitae, 13-Jun-13

ACCOMPLISHMENTS 1.
1.1

During Shipwright Artificer Apprenticeship (1961 to 1965)

With a team of three other Class Fellow Shipwright Artificer Apprentices, build four Enterprises Class Sailing Dinghies for the Royal Yacht Club, Mumbai in 1962, during off hours (after Class / Workshop Training). Organized Extra Class Sessions and coached junior apprentices in spoken and written English, Naval Architecture and Shipyard Practice. One of these junior apprentices continued his higher studies, was promoted to an Engineer Office and eventually obtained a Ph. D. Marine Engineering.

1.2

2. 2.1

Whilst On Board Naval Ships as Shipwright Artificer (1965 to 1968)

Carried out damage control operations on board a Frigate in hazardous conditions caused by super-saturated steam leaks in the Engine Room while the Warship was in a theatre of war, in 1965. The warships watertight integrity was impaired as a result of the collision with a Sailing Vessel in a Darken Ship situation. Suffered scald injuries in the process of stopping the leak into the Engine Room, but continued working till the inflow of water was successfully stopped. As Team Leader carried out fire-fighting operations on board an Aircraft Carrier in 1966, when polystyrene insulation caught fire successfully extinguished the fire. Carried out practical damage control operations of a major on-board Avcat oil spill in a lower deck of an Aircraft Carrier in 1967, using innovative methods to jettison the fuel. Along with a Team of Shipwright Artificers, carried out design and modifications of a Whaler to represent an Aircraft Carrier in the Regatta at Cochin in 1968, which was awarded the first prize. In order to undock an Aircraft Carrier after an extensive refit of 2 years, devised a procedures to anticipate trim and list as the dock was being flooded, with a view to carry out counter-flooding to prevent the Warship from touching the dock wall when afloat (the clearance being only 50 mm). There were no inclinometers fitted in the Damage Control Headquarter. Rigged and calibrated a Plumb Bob for determining anticipated list and trim, which information was used for counterflooding. The undocking was successfully accomplished without even a scratch to the paintwork.

2.2

2.3

2.4

2.5

3. 3.1

Whilst Serving At Naval Establishments As Shipwright Artificer (1968 to 1971)

Carried out along with a senior Shipwright Artificer, the repairs and refurbishment of four Dinghies and two Whalers at Pune Engineering College, National Cade Corps Unit in 1969, which had been declared as beyond economic repairs, by working within a limited budget and completing the work (without the assistance of any civilian labour), in a short period of six days. As Chief Instructor at the Indian Naval Shipwright Training School, carried out revision of Handouts / Notes on Shipbuilding and Shipyard for Apprentices and Direct Entry Artificers in 1970. Due to limited resources, planned and staggered Theoretical Classes and Practical Workshop Training, and together with a senior colleague conducted all the Theoretical Classes in Shipbuilding, Naval Architecture and Shipyard Practice for all the 8 Classes of Apprentices and Direct Entries. Organized and conducted Dinner Lectures for Trainees on subjects which were not in the Syllabus but were of interest, on a voluntary basis for attendance. One such lecture conducted by me was on Underwater Cutting and Welding.

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Anthony W.J. Fernandez, Curriculum Vitae, 13-Jun-13

ACCOMPLISHMENTS (CONTINUED) 3.
3.5

Whilst Serving At Naval Establishments As Shipwright Artificer (1968 to 1971) Continued

Volunteered to lead a Contingent of Shipwright Artificers from Mumbai, for the Ceremonial Funeral of President Zakir Hussain, at New Delhi. During this deployment there arose certain human relation issues which I took the initiative to solve, thus preventing an unpleasant situation from emerging.

4. 4.1

Whilst As Assistant Superintendent Mumbai Port Trust (1971 to 1976)

Carried out multiple Slipway Operations for the first time, by taking more than one Vessel during the same tidal period on the same day, on the same Slipway of the Bombay Port Trust Workshops, in 1972, for which I was awarded a Letter of Commendation by the Chief Mechanical Engineer. Prepared Plans of the Slipways of Bombay Port Trust Workshops in order to formulate a Risk Based Inspection / Maintenance System for the six Slipways in 1973. Assisted the Superintendent Hughes Dry-docks Bombay Port Trust (BPT) in docking in tandem M.V. INDIAN TRADITION along with another ship in 1974, (the total lengths of both ships exceeding the length of the outer Dry-dock). This was reported in the local Press as the first ever docking of two ships in excess of the Dry-dock length. To the best of my knowledge and belief such a feat has not been carried out since. This was done during the period I was a Shop Superintendent and not the Assistant Dry-dock Master and had no formal training for dry-docking of Vessels. For this accomplishment, a Letter of Commendation was issued by the Chief Mechanical Engineer, BPT. Supervised the building of a motor boat for Pilot Vessel VENU in 1975 (for which there were no Lines Plan or Table of Offsets), from the distorted hull, without the aid of drawings. This was accomplished by lifting offsets from the distorted frames, fairing the lines and preparing a Table of Offsets. A Letter of Commendation was issued by the Chief Mechanical Engineer of BPT for this accomplishment. Innovated and designed a lifting device for installation of Acetylene Cylinders of Navigational Buoys in the Bombay Habour in 1976, to reduce the hazard of lifting the cylinders with slings tied around the Cylinder Valve, thus preventing injury to personnel and loss of Cylinders in the sea.

4.2

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5. 5.1

Whilst As Shipyard Manager at Timblo Dry-docks Shelvona, Goa (1976 to 1977)

Innovated and designed an articulated Slipway Carriage in 1976, for a knuckled Slipway, to ensure that the Carriages ride smoothly over the knuckle, thereby reducing the risk of impact damage to the wheels of the Carriages and the rails, and also to prevent excessive stress on the Vessel. Set-up the Shipyard from scratch and built two 750 DWT Twin Screw Iron Ore Carriers under Bureau Veritas Classification (Class BV) Inspection. Carried out scrutiny of design drawings on behalf of Owners and made recommendations which were accepted by the Designer and Class BV. Designed a 15m Fishing Trawler of Steel and prepared plans for building 200 Vessels on a production line methodology. The order for the Fishing Trawlers did not materialize. Carried out Vendor Development and Sub-Contract Management of two Contractors to build Selfpropelled Iron Ore Barges and carried out on-the-job training of fitters and welders.

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Anthony W.J. Fernandez, Curriculum Vitae, 13-Jun-13

ACCOMPLISHMENTS (CONTINUED)
6. 6.1

Whilst As General Manager V.M. Salgoacar Shipyard, Courtalim, Goa (1977 to 1978)
Carried out Sketch Design of a 2500 DWT Iron Ore Carrying River Barge (at a time when the maximum capacity of an Iron Ore Carrying River Barges in Goa was only 750 tonnes). Carried out Concept Design for reducing the cost-per-tonne of carriage of Iron Ore on the Rivers of Goa, by using innovations such as sails-assisted propulsion and pusher-train of Barges, based on Seebeckwerft Couplings. Successfully carried out trouble shooting of the problem of excessive fuel consumption of 750 tonnes Deadweight Self-propelled Barges, by the application of Diagnostic Engineering techniques to establish the root cause of the excessive fuel consumption. Sailed with the Barge and noted that the main engines raced from time to time. Concluded that squat was the issue due to exceeding the critical speed in shallow areas of the river. Solved the problem permanently, by adjusting the governors to control the speed and power of the main engines. Successfully carried out repair of cast iron crankcase which had broken into 34 pieces by drawing up a welding procedure and supervising the welding to ensure no distortion which would adversely affect the alignment of the main bearings. The repair was successful.

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7. 7.1

Whilst As Principal Surveyor J.B. Boda M&G Survey Agencies (1978 to 1983)
Carried out an independent assessment for Consolidated Pneumatics Ltd., (manufacturer of air compressors), for recommending an increase in production capacity, based on which Reserve Bank of India approval was given to import the additional machinery. Carried out an independent assessment for Bharat Gears Ltd., manufacturer of gear wheels, for recommending an increase in LPG usage for hard casing of gear wheels, based on which approval was given to import the additional LPG. Appointed as Salvage Officer by Salvage Association (UK) in 1978 and successfully beached M.V. REGALSUN which was carrying swarf (scrap turnings and borings), and was on fire. This appointment was on behalf of Hull & Machinery Insurers of Lloyds of London, having been so appointed by the local Lloyds Agents. Whilst on deputation to the Singapore Office, planned and carried out Pre-shipment Surveys for the first Edible Oil Imports from Malaysia Port of Port Klang and Butterworth, on behalf of the State Trading Corporation of India. Whilst on deputation to the Singapore Office, issued a Statement of Adjustment in respect of a General Average Claim of a Bunker Barge at Singapore on behalf of Nanyang Insurance Company, Singapore in 1980. This was the first Statement of Adjustment issued by me as Average Adjuster. Carried out for the erstwhile four subsidiaries of The General Insurance Corporation of India Limited, marine and non-marine insurance surveys relating to Machinery Breakdown, Loss of Profit consequent to Machinery Breakdown, Fire, Marine Cargo and Marine Hull. Appointed as Sole Arbitrator by The Oriental Insurance Co. Ltd., (OICL), and Steamship Mutual Underwriting Association (SMUA) in 1982, for apportioning blame in a collision between an Ocean Going Ship (entered for P&I Risks in SMUA) and an Inland Vessel (insured for collision liability by OICL). My Report was the basis of the settlement between the SMUA and OICL.

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Anthony W.J. Fernandez, Curriculum Vitae, 13-Jun-13

ACCOMPLISHMENTS (CONTINUED) 8.
8.1

Whilst As Managing Director of J.B. Boda Offshore S&A Pvt. Ltd., (1983 to 1985)
Carried out, along with a team comprising Late Mr. Harold Noronah and Mr. Narender B. Menon, on behalf of Mathews Daniel International, the survey and adjustment of Indias first blow-out Claim of Jack-up Rig SAGAR VIKAS in the Bombay High Field of ONGC. The Claim of nearly USD 60 Million was paid by Reinsurers, as adjusted. Whilst riding the tow of Jack-up Rig SAGAR PRAGATI of ONGC, as Marine Warranty Surveyor appointed by United India Insurance Co. Ltd., (on behalf of the Indian Insurance Market), volunteered to re-connect the parted tow line, in cyclonic weather, at grave risk to life and limb. In the above incident, a claim was made for Salvage by a Superintendent of Company whose Tugs were on charter to ONGC. The matter is presently before the Honble High Court of Mumbai in which Case I am a witness of fact on behalf of United India Insurance Co. Ltd. Carried out as Team Leader, on behalf of Noble Denton & Associates, for United Indian Insurance Co. Ltd., (UIIC) the Lead Insurer of Oil and Natural Gas Commission (ONGC), the Condition and Valuation Surveys of all the Well Head, Production and Accommodation Platforms of ONGC in the Bombay High Oil & Gas Fields. The Valuation was agreed between ONGC and UIIC. Carried out as Team Leader, on behalf of Matthews Daniel Inc., for United Indian Insurance Co. Ltd., the Lead Insurer of ONGC, the Condition and Valuation Surveys of all Mobile Offshore Units and Drill Ships of ONGC in the Bombay High Oil & Gas Fields. The Valuation was agreed between ONGC and UIIC and was the basis of the Agreed Value of the Assets in the Package Policy. Carried out for erstwhile four subsidiaries of The General Insurance Corporation of India Limited, insurance surveys pertaining to Marine Hull Damages, Project Cargoes and Energy Insurance Claims both Onshore and Offshore pertaining to Liability, Cost of Well Control, and Physical loss / damage. Designed and conducted for ZimRe at Harare a two week full time Training Program on Risk Management and Non-marine Insurances and a one week practical full time Course on Inspection of Non-marine Risks, including petrochemical industries and on-shore storage tanks. Presented a Paper on Energy Risk Insurance at Kuala Lumpur for Malaysian Insurance Institute, (MII) and six Papers on Marine and Non-marine Insurances at Training Programs on Insurance Institute for Asia & the Pacific (IIAP) at Manila. Lectured at the Learning / Training Institutes / Colleges of The New India Assurance Co. Ltd., Mumbai, National Insurance Co. Ltd., Calcutta, and Officers Training College of The Oriental Insurance Co. Ltd., on Marine Hull, Marine Cargo, Energy (Oil & Gas) Insurance and at United India Insurance Co. Ltd., Madras, on On-shore Oil & Gas Insurance including visit to an operational Land Drilling Rig. From the time National Insurance Academy was set up in Mumbai have been a visiting faculty member at the Academy and continue to be so, to date, at the Institute now in Pune. On behalf of National Insurance Company Ltd., the Insurers of Hindustan Shipyard Limited who had built two platforms for ONGC, carried out risk assessment for the silent period of risk at Bombay High. Based on our Report, Insurers obtained Re-insurance Cover for the extended monsoon period for the two Jackets which had already been installed at Bombay High. Nominated Marine Warranty Surveyors (by name) by The Oriental Insurance Co. Ltd., for the loadout of a Single Buoy Mooring under construction at Mazagon Dock Limited, for ONGC.

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Anthony W.J. Fernandez, Curriculum Vitae, 13-Jun-13

ACCOMPLISHMENTS (CONTINUED) 9. Whilst As President M/s. Tony Fernandez, Inc. / Managing Director of M/s. Tony Fernandez Average Adjusters Pvt. Ltd, (1985 to 2005)
Carried out damage survey and commented on cause of damage of spud cans of Mobile Offshore Drilling Unit SAGAR PRAGATI on behalf of Lead Insurers United India Insurance Co. Ltd., which was initially disputed by Surveyors appointed by Reinsuring Insurers of the London Market. My Report was accepted by Reinsurers and the claim was settled as adjusted for US$ 2M. Carried out Failure Analysis of Indias First Wave Energy Project for Indian Institute of Technology (IIT) Madras, on behalf of The New India Assurance Co. Ltd., with a view to propose Loss Prevention Measures for the second Wave Energy Project and made a Presentation at IIT. Appointed as Consulting Surveyor & Average Adjuster by The New India Assurance Co. Ltd., for 108 claims pertaining to Mazagon Docks Limited (all of which were pending for a period of four years). Statements of Adjustment for all valid claims comprising of Particular Average, General Average and Sue & Labour were issued within six months and the claims were settled as stated. When M.V. MANGAL TARA stranded off Baticola, East Coast Sri Lanka, the concerned H&M Insurer requested Lloyds Agent to appoint a Surveyor. The Lloyds Agent informed the Insurer that neither Salvage Association nor the Vessels Classification Societies were willing to accept the assignment due to the disturbed local conditions, as no Surveyor was prepared to risk his life by visiting the site of the casualty. When NIA approached M/s. Tony Fernandez Average Adjusters Pvt. Ltd., the assignment was readily accepted. When I proceeded to inspect the casualty at Baticola, I was taken in custody and interrogated by the L.T.T.E., (as the I.P.K.F., was present in Sri Lanka during this time). Later, I was allowed to carry out the Survey which was done by swimming across and boarding the wreck. In the process I was injured in attempting to board the casualty and was rescued by the L.T.T.E. Based on my Report, the Claim was settled by the H&M Insurer. Was appointed as Consulting Surveyor and Average Adjuster by an Indian Insurance Company, for determining the cause of the sinking of the Statue of Lord Buddha during installation in Hussainsagar Lake at Hyderabad, and commenting on aspects of liability and the quantum thereof. Based on my Report the Claim was settled. When asked to opine on whether there was a scope for recovery under subrogation, I stated that there was none. Despite this, the Insurers, based on Legal Advice, insisted that the Assured sue the Classification Society Bureau Veritas. Seven years later, the Hyderabad High Court gave Judgment exonerating the Classification Society, thus, upholding my opinion expressed in my Report regarding the issue of recovery under subrogation. Designed and conducted Seminars and Training Programs in Risk Management, Risk Assessment, Conflict Prevention / Resolution, Leadership and Teamwork, Marine Hull / Cargo Insurances, Maritime Salvage / Towage Operations, Energy Insurance (Onshore/ Offshore Oil & Gas), Valuation of Assets, etc., at various Maritime and Insurance Training Centers in India and abroad (Dubai and Tehran). Visiting Professor of Maritime Law & Insurance Law at Mumbai University for LLM Course; at Indian Institute of Management Ahmadabad (IIMA) on Risk Management for Shipping Management Program, and at the Administrative Staff College Hyderabad on Marine Insurance in their Materials Management Program. Approved Guide for Dissertation of Extra Master Qualifying Examination by the Directorate General of Shipping, Government of India. Have guided Dissertations on Protection & Indemnity Clubs, Towage Operations and Alternative Dispute Resolution, between 1998 to 2010.

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Anthony W.J. Fernandez, Curriculum Vitae, 13-Jun-13

ACCOMPLISHMENTS (CONTINUED) 9. Whilst As President M/s. Tony Fernandez, Inc. / Managing Director of M/s. Tony Fernandez Average Adjusters Pvt. Ltd, (1985 to 2005) Continued
Have co-authored a Paper on General Average, published in the Journal of Maritime Law and Commerce. Have co-authored a Book on Maritime Law / Marine Insurance for Seafarers, which is being used by Candidates for the Masters Qualifying Examination. Lectured at KC Law College for the Alternative Dispute Resolution Program, at Tolani Maritime Academy for Post Graduate Diploma Courses Marine Transportation & Logistics, at Lal Bahadur Shastri College of Advanced Maritime Studies & Research, Mumbai, for Extra Masters Courses and for Revalidation Courses of Masters and Chief Engineers, and at the National Insurance Academy, Pune for various Insurance Programs, since its inception to date. Appointed by The General Insurance Corporation of India Limited as Consulting Surveyor & Average Adjuster for a Blowout Claim pertaining to ONGC, which Re-insurers had repudiated. Based on our Report the matter was settled for USD 30 Million. Acted as Marine Warranty Surveyor of Rig Move of an Independent Jack-up Rig EKKA at Sandheads on behalf of Falconer Bryan Pte. Ltd., (as they were then known). Diffused a mutiny on board.

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10.
10.1

Whilst As Director Braemar Falconer India Pvt. Ltd. (2005 to 2009)

Set-up Indias first 100% Foreign Direct Investment (FDI) Company for Marine Warranty Surveys and Risk Management. Lead and mentored a Team of Marine Warranty Surveyors for Offshore Construction Projects of the ONGC at the Mumbai High Oil & Gas Fields and at Dubai and Singapore. The Company was approved as Recognized Organization of Directorate General of Shipping for Towage Approvals and for issuing Towage Approval Certificates as Recognized Organization by the Indian Flag State. Carried out Failure Analysis of a Barge carrying line pipe to Mumbai High, which capsized with loss of all pipes, for a local private Insurer of the pipes. Also expressed opinion on aspects of liability under the WELCAR Policy covering the line pipe, on the basis of which the claim was settled.

10.2

11.
11.1

Whilst As Risk Management Consultant (2009 to 2010)

Issued Reports on claims for loss of oil shipments under Policies of Insurance on ICC A 1/1/82 wordings, to a local private Insurer, on the basis of which the claims were successfully repudiated. Approved as Germanischer Lloyd Trainer for Basic and Advanced Accident and Incident Investigation Training Program. Have conducted these Courses in Mumbai, Singapore and Dubai from 2009 to 2012. Designed and conducted for Germanischer Lloyd, Insurance For Ship Operations Training Program. Have conducted these Courses in Mumbai and Singapore in 2009 and 2010. Designed and conducted the first two-day Workshop on General Average in South East Asia, organized by IBC International, Mumbai, at which 54 participants from the Shipping and Insurance Industry (both Public and Private Sectors), were present.

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Anthony W.J. Fernandez, Curriculum Vitae, 13-Jun-13

ACCOMPLISHMENTS (CONTINUED) 12.

12.1

Whilst Managing Director Creative Marine Insurance Consultants Pvt Ltd. (2011 to date)
Appointed as Average Adjuster by Future Generali General Insurance Company Limited, to opine on the aspects of liability and the quantum thereof in respect of a consignment of chewing gum, based on which the Claim was successfully repudiated. Appointed as Average Adjuster by Bajaj Allianz General Insurance Company Limited, to opine on the aspects of liability and the quantum thereof in respect of six Marine Hull Claims. Based on our Statements of Adjustment, the Claims were processed in accordance with our recommendations. Carried out Valuation of a Coast Guard Vessel, which was involved in a collision, on behalf for Ince & Co., London, with little documentation using statistical techniques for decision in uncertainty. The valuation was very close to what the Honble Supreme Court of India decided. Appointed as Advisor to a Lloyds Reinsurance Syndicate (Argenta) in respect of a dispute pertaining to flood claims in Mumbai, with The General Insurance Corporation of India Limited. Appointed as Salvage Consultant for the re-floating operations of a stranded Cutter Suction Dredger off the State of Gujarat, West Coast of India, which was successfully re-floated. Appointed as Average Adjuster by The Oriental Insurance Company Ltd., for opinion on liability under a Marine Cargo Policy for shortage when there was no fortuity, for which we had opined that there was no liability under the Policy. Our opinion was accepted and the claim repudiated. Appointed as Risk Management Consultant when a laden twin screw Mini Bulk Carriers off Lakshadweep Island (Union Territory of India) and advised Shipowners on matters pertaining to Loss Minimization and Salvage. Appointed as Consulting Average Adjuster by an Indian Insurance Company in respect of a General Average Claim. Opined that the Statement of Adjustment was incorrect as far as the allowances in the Port of Refuge were concerned. Appointed as Risk Management Consultant, a firm of Salvors engaged in Wreck Removal of a Bulk Carrier stranded off an eco-sensitive beach in Goa, West Coast India, in respect of technical and risk transfer matters.

12.2

12.3

12.4

12.5

12.6

12.7

12.8

12.9

12.10 Appointed by Cargo Insurer IFFCO-TOKIO General Insurance Co. Ltd., as Risk Management Consultants to take proactive measures to minimize the Claim of General Average Contribution and Claim for Forwarding Expenses. Based on discussions with the Representative of the Ships P&I Club, we were able to prevail upon the Shipowners / P&I Club to agree to waive their right to General Average Contribution and Forwarding Expenses reducing the Claim of Cargo Insurers to nil, the Cargo Owners being compensated 100% by the P&I Club, without recourse to litigation. 12.11 Designed and delivered a one day Training Program conducted by IG Training at Singapore on General Average which was well attended by Marine Insurers, Reinsurer and Insurance Brokers. 12.12 Designed and delivered a one day Training Program conducted by IG Training at Singapore on Marine Hull Claims which was well attended by Marine Insurers, Reinsurer and Insurance Brokers.

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12.13 Co-lectured along with Ms. Seetha Gangadharan of Head Energy Zurich, in a Two-day Training Program on Energy (Oil / Gas) Insurance conducted by IG Training at Singapore.

Anthony W.J. Fernandez, Curriculum Vitae, 13-Jun-13

ACCOMPLISHMENTS (CONTINUED) 12. Whilst Managing Director Creative Marine Insurance Consultants Pvt Ltd. (2011 to date) Continued

12.14 Appointed by ICICI Lomard General Insurance Company Ltd., as Consulting Average Adjuster to opine on a Single Interest General Average (GA) Claim which was incorrectly stated by a London based Average Adjuster. Opined that there was no Single Interest GA Claim. 12.15 Appointed by ICICI Lomard General Insurance Company Ltd., as Consulting Average Adjuster to opine on a Claim for Removal Expenses and Particular Average where a dispute arose between the Surveyor appointed by the Insurer and the Average Adjusters appointed by the Surveyor. Gave opinion to Insurer which helped them take a decision on the Claim amount payable. 12.16 Two Private Insurance Companies had co-insured a consignment of cargo of an Importer who demanded GA Guarantees without providing a Counter Guarantee to the Insurers. The matter got into a deadlock situation. We were approached by one of the Insurers and volunteered to solve the problem by conducting a one day Seminar for the Assured pro bono (free of cost). On completion of the Seminar the Assured agreed to provide the Counter Guarantee and the matter was solved. 12.17 Appointed by First Capital Insurance Ltd., Singapore, for the Claim pertaining to M.V. WISDOM which had run aground at Juhu Beach. Claim accepted and settled as adjusted by us, without the intervention of the Average Adjuster appointed by the Shipowner. 12.18 Appointed as Risk Management Consultant for the loss of Vessel, which has capsized off West Coast of India. Assisted Shipowners in interviewing Master, Officer and Crew, obtain their Statements and provided an opinion on the proximate cause of the loss. 12.19 Appointed by The Oriental Insurance Company Ltd., to opine on the cause, nature and extent of damages and the fair and reasonable cost of repairs to the damage to the Insureds Vessel C rank Shaft of the Main Engine. The Owner wished to give Notice of Abandonment as a spare Crankshaft was not available. Using an independent Insurance Marine Engineer Surveyor and an repair workshop we proved to the Assured that the crankshaft did not require replacement and negotiated a settlement of the claim of Rs. 3.5 Crores against the a potential Claim of Rs. 12 Crores. This was possible with the mandate of the Insurer to use proactive and professional means to bring about a fair and just settlement. 12.20 Appointed as Risk Management Auditor by an Indian Shipping Company for scrutiny of Risk Transfer Instruments such as Charter Parties, Management Contracts and Marine Hull Insurance Policies for their fleet of Ocean Going and Inland Vessels. Based on the Audit we made recommendations for corrective action by Management, which was accepted and implemented. 12.21 Appointed as Casualty Investigation Analyst by an Indian Shipping Company to report on a nearmiss grounding incident in a Port. Issued Report highlighting Normalization of Deviance and Group-think as Root Causes which needed corrective and preventive action by Top Management. 12.22 Appointed by a Shipowner whose ship had been insured by The Oriental Insurance Company Ltd. The Ship had sunk and we were asked to comment on whether the Ship was a Constructive Total Loss or not, prior to entering into a Salvage Agreement. The Underwriters Surveyors had declined to comment on the matter until the Vessel was salved and inspected in a Dry-dock. We issued a Report using statistical techniques for decision-making in uncertainty and recommended a Compromised Constructive Total Loss Settlement which the Underwriters Surveyors accepted. The H&M Insurers also accepted the Report and settled the claim as a recommended.

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Anthony W.J. Fernandez, Curriculum Vitae, 13-Jun-13

ACCOMPLISHMENTS (CONTINUED) 12. Whilst Managing Director Creative Marine Insurance Consultants Pvt Ltd. (2011 to date) Continued

12.23 Appointed by an Offshore Construction Contractor to advice on Risk Management issues pertaining to an Accommodation Barge, which included scrutiny of Towage Agreements and Insurance Policies. Drafted In-field Towage Procedures which were approved by the Surveyors appointed by H&M Insurers and later incorporated in the H&M Policy covering the Accommodation Barge. 12.24 Appointed by an Indian Shipping Company to opine on whether there was a case for litigating a Marine Hull Claim which was repudiated. Based on our Report that there was no liability under the H&M Policy for detailed reasons stated by us. The Shipowner accepted our opinion and withdrew the claim. 12.25 Evolved a unique method of dispute resolution by acting jointly on behalf of the Insurer and the Assured as Sole Adjudicator for resolution of Marine Claims which could neither be settled nor repudiated. The method was to refer the dispute for Sole Adjudication. Both Insurer and Assured enter into an Agreement to refer the matter to the Sole Adjudicator whose decision would be final and binding on both the Parties. The procedure adopted was informal, inexpensive and quick. Both parties pay equally for the services. A judicious blend of the inquisitorial and adversarial systems is used to arrive at conclusions to finalize the Award. 12.26 Five disputes pertaining to Marine Hull Claims Disputes between the H&M Insurer and the Assured (a Private Sector Insurer, a Public Sector Insurer and two Five Shipowners), was referred to me as Sole Adjudicator. Awards were issued in respect of four of the five disputes. Three of the four have been honoured and the Claim paid as per the Award. One of the Adjudication Awards has not been honoured by the Public Sector Insurer. 12.27 We were retained by a Shipowner to advice on Risk Transfer issues relating to the import of a Tug and a Crane Barge. Acting on behalf of the Shipowner, we interacted with the Insurance Broker and provided all the relevant documentation and information required for placing the risks both the H&M Insures as well as with P&I Insurers. There were several developments which occurred after the Insurers were on risk for which we interacted with the Brokers to provide information and documents based on which Endorsements were issued. The Endorsements were drafted by us and accepted by the Insurers with no changes.

13.
13.1

Credibility as a Professional Risk Management Consultant

Notwithstanding our appointment by either an Insurer or an Assured, for issues arising under at Policy of Insurance or otherwise, wherever we have been appointed as Risk Management Consultants, both Parties with opposing interests, have willingly agreed to our recommendations as described in the assignments described in paragraphs 12.24 to 12.27 above. A Private Sector Insurer sought our advice on an underwriting issue. The Assured had requested the H&M Insurer to issue an Endorsement waiving rights of subrogation in favour of the Charterer and include the Charterers name in the H&M Policy as Co-Assured. Our Advice was sought on scrutiny of the Charter Party and opinion on the wordings of the Endorsement as well as the additional premium to be charged. Our Report, including the wordings of the Endorsement drafted by us, was accepted by the Insurer without a single change or amendment.

13.2

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Anthony W.J. Fernandez, Curriculum Vitae, 13-Jun-13

ACCOMPLISHMENTS (CONTINUED) 14.

14.1

Credibility as a Professional Mediator

In an dispute involving a Public Sector Shipyard and Public Sector Port Authority, a dispute arose on the dimensions of the Lock Gate fabricated by the Shipyard which the Port refused to accept. Both Parties agreed for me to be Mediator. Based on my intervention as a Mediator the dispute was resolved without the invocation of the Arbitration Clause in the Contract.

15.
15.1

Credibility as a Professional Arbitrator

In an Arbitration between Dodsal Private Ltd., v. Asiatic Salvors (some 26 years ago), where I was appointed as Sole Arbitrator, one of the Parties (Asiatic Salvors) who refused to appear before me despite several reminders, made an application to the Court for setting aside the Award on the grounds of bias. The Honble Court went through the Award, upheld the same and dismissed the petition of Asiatic Salvors with costs. The Case Report is at: http://indiankanoon.org/doc/215576/.

16.
16.1

Credibility as a Professional Marine Insurance Surveyor

With regard to our previous appointments as a Marine Insurance Surveyor, by Indian Insurers, one case found its way to the Honbe High Court of Bombay (in which Case the Assured disputed my Report), The Honble High Court upheld my Report. Details are discussed below: 16.1.1 National Insurance Co. Ltd., appointed us as Surveyors in the case of M.V. CHANDA. We opined that there was no liability under the Policy. The Assured took the matter to Court (M/s. Kalyanji Jethalal Shah v. National Insurance Co. Ltd). The Honbe High Court of Bombay gave judgment against the Assured and upheld our Report. The Judgment can be read or downloaded from the website: http://www.indiankanoon.org/doc/1503700/. No appeal was made by the Assured.

17.
17.1

Credibility as a Professional Average Adjuster

With regard to our previous appointments as a Professional Average Adjuster, by Indian Insurers, one case found its way to the Courts initially to the Honble National Consumer Disputes Redressal Commission (NCDRC) and later, on appeal, to the Honble Supreme Court of India. In both the Honble Courts, my Statement of Adjustment was upheld. Details are discussed below: 17.1.1 An Indian Insurance Company appointed us as Average Adjusters in the case of VLOO ARUN in 1997. We opined that there was liability under the Policy and adjusted the claim for Rs. 13 Crore. Despite our opinion, the Insurers repudiated liability. The Assured approached the National Consumer Disputes Redressal Commission (NCDRC) who in 2005 upheld our Report and gave Judgment against the Insurer for the amount of Rs. 13 Crore plus Interest @ 9% from the date of loss. This interesting Judgment can be read at http://ncdrc.nic.in/op12998.htm. The Judgment was appealed by the Insurer, was appealed to the Honble Supreme Court, which in March 2011, confirmed the Judgment of the NCRDC, and upheld our Report which was referred to with approval. Judgment was given in favour of the Assured for Rs. 13 Crore plus Interest @ 9% from the date of loss. The Case can be read and/or downloaded from the website: http://www.scribd.com/doc/53348505/Supreme-Court-Judgment-on-VLOO-ARUN.

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Anthony W.J. Fernandez, Curriculum Vitae, 13-Jun-13

ACCOMPLISHMENTS (CONTINUED) 18. 18.1 Credibility as a Consulting Average Adjuster Have been appointed by Insurers (both H&M and Cargo) as Consulting Average Adjuster to scrutinize and comment on Statements of Adjustment prepared by Average Adjusters on Particular Average, General Average, Single Interest General Average and Removal Expenses. Details of some of these appointments are given below:18.1.1 India International Singapore appointed us in 1990 to scrutinize and opine on a Statement of Adjustment prepared by an Average Adjuster appointed by the Shipowner, pertaining to Unrepaired Damages for scrutiny and opinion. The Average Adjuster has stated the claim for un-repaired damages and had considered the same as a Constructive Total Loss for an amount of USD 1,200,000. Based on our opinion, the Insurer set aside the Statement of Adjustment and settled the claim for USD 350,000, which was accepted by the Assured. 18.1.2 United India Insurance Company Ltd., as Cargo Insurers appointed us to scrutinize and opine on the Statement of Adjustment in respect of General Average of a Storage Tanker, which had been chartered by the Cargo Owner. We opined that there was no General Average situation based on which Cargo Insurers refused to contribute towards the Cargos proportion of General Average stated in the Adjustment. The matter was referred to Arbitration by the Shipowner under the Charter Party. The Cargo Insurers view based on our opinion prevailed namely that there was no valid General Average situation, which was eventually accepted by the Shipowner. 18.1.3 Bajaj Allianz General Insurance Company Ltd., as H&M Insurers appointed us to scrutinize and opine on a Certificate Recommending On-Account payment towards Salvage Remuneration. We opined that there was no liability under the Policy as the Termination Clause had triggered due to change in management. Further, we had opined that the jettison of the entire consignment of cargo was unreasonable, since after partial discharge of cargo the Vessel refloated and was ballasted while the jettison of cargo continued. Insurers accepted our opinion and repudiated liability. 18.1.4 ICICI Lombard General Insurance Company Ltd., as the H&M Insurer, appointed us to scrutinize and opine on the Statement of Adjustment prepared by an Average Adjuster appointed by the Shipowner in respect of Removal Expenses of the Insured Vessel. We had opined that the services of an Escort Tug did not form part of the Removal Expenses as the same was unreasonable since the Escort Tug was neither necessary nor useful. We are unaware of decision taken by the H&M Insurer. 18.1.5 ICICI Lombard General Insurance Company Ltd., as H&M Insurers appointed us to scrutinize and opine on the Statement of Adjustment prepared by the Average Adjuster of the Shipowner in respect of Single Interest General Average. We opined that the claim was in the nature of Removal Expenses and not a Single Interest GA Situation. We are unaware of the decision taken by the H&M Insurer.
Anthony W.J. Fernandez, Curriculum Vitae, 13-Jun-13

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19.
19.1

Credibility as an Expert Witness

I have been appointed as an Expert Witness by both Shipowners and Insurers in cases before the Courts relating to various marine towage and salvage operations and marine insurance matters, and have withstood extensive cross-examination. In all the cases which have been decided, my testimony as an Expert Witness was accepted by the Honble Courts. Two of these cases are discussed below:19.1.1 In a case of an Arbitration between a Shipowner SK Dhondy & Co., and the Charterer, Dredging Corporation of India, in which matter the tug M.T. SKD-1 capsized due to negligence of the Charterer, a technical explanation was given by me as an Expert Witness, before the Honble Tribunal as to the actual mode of failure, based on which the Award of the Sole Arbitrator was given in favour of the Shipowner, who was able to recover the entire value of the Tug. This Arbitration Case is unreported. 19.1.2 In a recent case of a matter of dispute between the Assured M/s. Halar Maritime and the H&M Insurer, before the Honble Tribunal of the Gujarat State Consumer Redressal Forum, I appeared as an Expert Witness, on Surveying and Average Adjusting issues before, issued an Affidavit and was cross-examined, based on which the Case was decided in favour of the Shipowner. To the best of our knowledge the Judgment has not yet been appealed.

20.
20.1

Credibility as a Diagnostic Engineer & Failure Analyst

In the case of the fractures to the legs of MODU SAGAR PRAGATI, Noble Denton & Associates (as they were then known), who were appointed by the Owners of the Rig Oil & Natural Gas Corporation Limited, (ONGC), as well as the Mathew Daniel International the Surveyors appointed by Reinsurance Underwriters, failed to arrive at a conclusion on the proximate cause of the fracture of the three legs of the Rig, the Lead Underwriters United India Insurance Company Ltd., appointed me to opine on the proximate cause of the fractures of the legs. Based on a researched and reasoned explanation for the damages to the legs, ONGC obtained their entire Claim for USD 2,000,000.00, from the Lead Insurer who recovered the same from the Reinsurers.

21.
21.1

Credibility as an Expert in Marine Salvage Operations

In the case of the M.V. REGALSUN, carrying a cargo of Swarf (Turnings & Borings), which was on fire at Kandla, the H&M Underwriters (in the London Market), had appointed The Salvage Association [SA], (as they were then known), I was appointed to represent SA by the Local Lloyds Agents. When I successfully assisted the Master to beach the Vessel off Kandla, SA appointed me as the Local Salvage Officer for the re-floating operations as well.

22.
22.1

Credibility as an Amicus Curiae (Friend of the Court)

Appointed as Amicus Curiae (Friend of the Court) to explain to the Single Judge Honble Justice Sujata Manohar (as she then was) hearing the Appeal against the Arbitration Award of the M.V. SUMUDRA JOYTI Case, in which capacity I explained to Her Ladyship with the help of a Model, the function of the main sea-water suction of a ship, which was allegedly opened intentionally by the Chief Engineer and the Master to scuttle the ship. The above Case eventually found its way to the Honble Supreme Court of India, where Judgment was given in favour of the Shipowner Assured.

22.2

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Anthony W.J. Fernandez, Curriculum Vitae, 13-Jun-13

ACCOMPLISHMENTS (CONTINUED) 23.

23.1

Credibility as an Marine Insurance Professional

Was appointed by The General Insurance Corporation of India as Honorary Consultant to advice the Energy Insurance Rating Committee headed by the CMD, on Comparative Risk Exposure of various types of Mobile Offshore Drillings Units (MODUs) including Jack-up Rigs (Independent and Mat-Supported), Semi-submersible and Drill Ships, with a view of evolving Loss Prevention through Express Warranties and also to draw up a Rating Tariff for such MODUs. This exercise was meant to effect reinsurance through a Treaty rather than a Facultative Program. Have been invited by the Promoters of the Indian Protection & Indemnity Club to be on the Committee as an Advisor on Underwriting, Claims Processing and Training of P&I Insurance Intermediaries & Correspondents. In such capacity, I have been advising on aspects of Risk Management, Marine Liability Insurance, Surveying and Adjusting of Claims of the Proposed Indian P&I Club. I have proposed a unique approach of involving H&M Insurers and the P&I Clubs in coming together to ensure no gaps or overlaps in the respective liability covers provided. Have been appointed by the Secretary General of the Insurance Institute of India (III) as a Committee Member to advice on the revision of the Examination Syllabus of Insurance Surveyor & Loss Assessors, which III is carrying out at the behest of the Insurance Regulatory and Development Authority (IRDA). Visiting Professor at Mumbai Educational Trust (MET) for MBA-ACII Program in collaboration with the Chartered Insurance Institute (UK), in Risk Management, Marine Hull Insurance (including General Average), Marine Liabilities, Port Risk Insurance and Energy (Oil & Gas) Insurance

23.2

23.3

23.4

24.
24.1

Credibility as a Marine Warranty Surveyor

Pioneered Towage Approval in India for Marine and Offshore Construction Projects. Trained Marine Surveyors to carry out Towage Approval Surveys. Named as Marine Warranty Surveyor in Policies of Marine Insurance and Energy (Oil & Gas) Insurance for the Towage Approval, Load-out / Launching of SBMs, Offloading Jack-up from Submersible, Loading of two Jack-up Rigs on a Submersible. As Marine Warranty Surveyor carried out supervision of discharge of three Dredgers and Work Boat from Submersible Vessel at Krishnapatnam, without incident. As Marine Consultant advised on the towage of Floating Dry Dock ESCORTS-1 from Mumbai to Andaman Islands on behalf of Escorts Limited. In particular advised on removal of forward and aft platforms and securing the same on the FDD prior to commencement of the towage, as well as checked and verified Longitudinal Strength Calculations and Stability Calculations of the Floating Dry Dock which made an uneventful towage to destination. As Consulting Marine Warranty Surveyor carried out Towage Approval of Floating Dry Dock FDD-1 (Ex ESCORTS-1) from Port Blair to Colombo and back on behalf of an Indian Insurance Company who had insured the towage. Both the legs of the towages were uneventful with no losses. Despite commercial pressure have refused to issue Certificate of Towage Approval when the risk assessment indicated unacceptable risk due to non-compliance with towage recommendations.

24.2

24.3

24.4

24.5

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Anthony W.J. Fernandez, Curriculum Vitae, 13-Jun-13

ACCOMPLISHMENTS (CONTINUED) 25.

25.1

Credibility as a Sole Adjudicator

With a view to reduce litigation between the Assured and the Insurer, with specific reference to Marine Hull, Marine Cargo and Marine Liability Claims under Policies of Insurances the concept of Sole Adjudication was devised and developed by me especially for the Indian Insurance Market over the past two years, as explained further in the paragraphs that follow:A Dispute Resolution Clause in every Marine Insurance Policy is conspicuous by its absence, thus there are only a single option of litigation available to the aggrieved Party. The ideal solution is discussions and negotiations between the Parties themselves. If this fails, there are many Alternative Dispute Resolution Methodologies which can be employed which unfortunately are not resorted to in the Indian Insurance Market context, due to the lack of precedent (which governs most decision making). Therefore, the last resort is to litigate the matter of the dispute before the appropriate Consumer Redressal Forum or the Court of Law. However, due to the notorious delays in both these approaches, the aggrieved Party is in an unenviable position. One of the Alternative Dispute Resolution approaches is for both the Parties (Insurer and Assured) to enter into an Agreement to submit their dispute before a Sole Adjudicator, (without the intervention of legal advisors and the associated legal processes), whose decision is final and binding on both Parties. The payment to the Sole Adjudicator would be equally borne by both the Parties and be made prior to the publishing the Award by the Sole Adjudicator within a specified time frame. Of course, this approach would only work if both the Parties are willing to settle the matter and both Parties have faith and confidence in the independence and impartiality of the Sole Adjudicator. The following five cases were referred to me for Sole Adjudication (all pertaining to Marine Hull Claims) and are described below:25.4.1 The first case was a stranding and subsequent refloating of a Vessel loaded with cargo, several issues were raised by the Insurer with both the Surveyor and the Average Adjuster. The responses were not considered satisfactory by the Legal Department of the Insurer, who recommended repudiation of the Claim. On debating the issue, Insurers discussed with the Assured and obtained their willingness to refer the Claim for binding adjudication by me. The Sole Adjudication Award given by me was for Rs. 3.15 Crores, as compared to the Claim of Rs. 10.54 Crores, which was accepted by both Parties and the matter resolved. 25.4.2 The second case related to stern tube damages to a Vessel, the Surveyor recommended repudiation of the claim on the grounds of lack of due diligence on the part of the Owners / Managers. The Assured refuted the allegation of the Surveyor and based on discussions between the Insurer and the Assured, both Parties agreed to refer the matter for sole adjudication by me and accept my Award as final and binding on both Parties. The Sole Adjudication Award given by me was for the entire amount of Rs. 38,00,000.00 (Rupees Thirty Eight Lakhs only), considered fair and reasonable by the Surveyor. The Award was honoured by both Parties and the matter resolved without legal intervention, since the Claim was promptly paid after the issue of the Award. The Award had highlighted the error on the face of the Report by the Surveyor on the legal aspects of lack of due diligence, which the Award substantiated by references to the relevant many legal Cases.

25.2

25.3

25.4

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ACCOMPLISHMENTS (CONTINUED) 25. Credibility as a Sole Adjudicator

25.4.3 In the third case of a grounding damage of an Offshore Supply Vessel, the Insurers appointed the local Lloyds Agent who issued their Preliminary and Final Reports making several allegations against the Assured which was not substantiated with objective documentary evidence and adjusted the Claim for Rs. 12,50,000.00 (Rupees Twelve Lakhs Fifty Thousand Only). The processing of the claim was delayed for more than three years. Based on discussions between the Insurer and the Assured, it was unanimously decided by the Parties to refer the matter to me as a Sole Adjudicator and accept my Award as final and binding by both Parties, and both Parties equally sharing the Professional Fees in advance. The Surveyor when queried by the Sole Adjudicator through the Insurer refused to co-operate. The Award was issued within two months and accepted by both Parties for an amount of Rs. 44,00,000.00 (Rupees Forty Four Lakhs only). 25.4.4 In the fourth case of stern tube damage of a recently purchased second-hand Vessel, a Public Sector Indian Insurer, on claim intimation had appointed a Foreign Firm of Surveyors who deputed their Surveyor to inspect the damages at Colombo. The attending surveyor made several serious allegations against the Shipowner Assured but did not substantiate the same with objective documentary evidence. The Surveyor had recommended an amount of over Rs. 1,20,00,000.00 (Rupees One Crore Twenty Lakhs only), without the application of Customary Deductions including the Policy Deductible. The Insurers repudiated liability on the basis of the Survey Report, which the Assured refuted. Litigation was imminent. The Insurer referred the matter to me when it was proposed to the Insurer that the appropriate approach is for the Insurer and the Assured to jointly appoint me as the Sole Adjudicator and both Parties agreeing for acceptance of the Award as final and, the Fees being shared equally by both Parties and paid in advance, which were agreed by the Parties who entered into a Stamp Paper Agreement. The Award was issued for Rs. 68,70,000.00. The Assured have advised that the Claim has been repudiated by the Insurer in spite of entering to the Agreement and that the matter is in litigation. 25.4.5 In the fifth case relating to the fracture of the starboard tail shaft of an Offshore Supply Vessel, the attending surveyor issued only a Preliminary Report on the grounds that no documents were received from the Assured. Insurers were unable to process the claim and a deadlock situation ensured. At the request of the Insurer, I facilitated discussions between the Parties, who agreed in writing to refer the dispute to me as a Sole Adjudicator. Based on my independent inquiry into all aspects of the Claim, I issued an Award by me, for an amount of Rs. 16,39,823/- out of the Claim amounting to Rs. 33,85,066/-, after the application of customary deductions. The Award was honoured by the H&M Insurer and the amount settled as given in the Award, thus avoiding litigation.

26.
26.1

Credibility as a Learning Facilitator

Since 1968 have been designed and delivered Training Progammes / Seminars / Workshops and Conferences for Universities, Colleges, Academies and Learning / Training Institutes of the Shipping, Energy (Oil & Gas) and Insurance Industries, notably at the Indian Institute of Management Ahmedabad, Administrative Staff College Hyderabad, LBS College or Advanced Maritime Studies & Research, Mumbai and at the National Ship Design & Research Centre Visakhapatnam (both under the auspices of the Indian Maritime University), National Insurance Academy, Pune and College of Insurance, Mumbai, Mumbai University Department of Law, KC College of Law, Mumbai, Nari Gurshani College of Law, Ullasnagar, Mumbai Educational Trust and other Colleges / Institutes in India and abroad, on the following subjects:-

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ACCOMPLISHMENTS (CONTINUED) 26. Credibility as a Learning Facilitator (Continued)

26.1.1 Shipbuilding, Naval Architecture, Workshop Practice, Damage Control, Firefighting, and Nuclear, Biological and Chemical Defence, at Shipwright Training School Indian Navy. Risk Management in the Shipping Industry, Hazard Evaluation and Risk Control with reference to different types of ships, vessels, craft and Mobile Offshore Drilling Units and various cargoes, from Marine / Energy Underwriting points of view, covering Risk Assessment, Risk Treatment, Risk Financing and Risk Control methodologies, at various Insurance Training Institutes for Insurance Personnel. Marine Insurance Act 1906 / 1963, with respect to applicability to Policies of Marine Insurance (Cargo, Hull and Liabilities), analysis of various Institute Clauses, Express and Implied Warranties, Perils insured against and excluded, at various Insurance Institutes. Role and function of Insurance Intermediaries Brokers, Surveyors, Average Adjusters, Claims Settling Agents, Claims Recovery Agents and legal advisors, at NIA Pune. Marine Claims Management including claims processing for aspects of liability and the quantum thereof, recovery under subrogation and related issues, at NIA Pune. Dispute prevention and dispute resolution including alternative dispute resolution methodologies, with Case Studies and Role Playing, at KC College of Law, Mumbai. Team Building and Team Management for Shipboard and Shore based Personnel of Shipping Industries, including Personality Types and associated topics, at AEMTC. Supervisory Training to Marine Workshops including theory and practical sessions pertaining to quality, safety, environmental protection and risk assessment. Maritime Law pertaining to carriage of goods by sea, marine insurance, maritime liabilities, contractual liabilities and statutory liabilities, at GNLU. As a non-exclusive Germanisher Lloyd Trainer (GL Trainer), have designed and conducted a two-day Program on Insurance for Ship Operations at Mumbai and Singapore. As a GL Trainer, have designed and conducted a 5 Day Training Program on Formal Safety Assessment For Ship Designers at the National Ship Research & Design Centre, (NSRDC), Indian Maritime University at Visakhapatnam. This is the first such Course conducted for Ship Designers. As a GL Trainer conducted Accident / Incident Investigation Course Basic & Advanced, a 2 day Course at Mumbai, Singapore and Dubai. Designed and conducted a 2 day Program on General Average at Mumbai organized by IBC. The Course was well attended by the personnel from the Shipping and Insurance Industries. Designed and conducted along with Capt. Ashwin Maniar a 2 day Program on Due Diligence for Shipowners organized by IBC, Mumbai.

26.1.2

26.1.3

26.1.4

26.1.5

26.1.6

26.1.7

26.1.08

26.1.09

26.1.10

26.1.11

26.1.12

26.1.13

26.1.14

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ACCOMPLISHMENTS (CONTINUED) 26. Credibility as a Learning Facilitator (Continued)

26.1.15 Designed and conducted a 1 Day Program on Marine Hull Claims at Singapore organized by IG Training. Designed and conducted a 1 Day Program on General Average Claims Handling at Singapore organized by IG Training. Formerly Visiting Professor of Maritime Law for LLM Program of Mumbai University for a period of 2 years. Presently Visiting Professor at Mumbai Educational Institute for MBA / CII Program in Insurance, lecturing in Risk Management, Marine Insurance Underwriting and Claims. At the invitation of Insurance Institute of India / College of Insurance, presented a Paper Marine Hull Insurance The Present Scenario in the Marine Cargo & Hull Seminar Keeping Afloat, on 31-Oct-12, which was well attended by the Insurance and Shipping Industries. At the invitation of the President of Indian Institute of Insurance Surveyors & Loss Assessors (IIISLA) made a Presentation on 27-Nov-12, to the Finance Ministry on various issues pertaining to 64 UM of the Insurance Act and related issues. At the invitation of United India Insurance Company Limited, Head Office presented Papers on Back to Basics Marine Hull Insurance and Clearing Confusing Conceptual Cobwebs Marine Hull Insurance at the All India Marine Workshop on 29-Nov-12. Presented two Papers one on Professionalism and the other on Code of Conduct at the Chennai Conference of the International Institute of Marine Surveying UK (IIMS) on 07/08- Dec-12, at which I was elected as Chairman of the Indian Branch of IIMS. Designed and Conducted on behalf of IG Training Pte Ltd., Singapore a Training Program on Marine Hull Claims on 24-Feb-13, at Singapore. Jointly conducted with Ms. Seetha Gangadharan of Zurich Singapore, on behalf of IG Training Pte Ltd., Singapore a Training Program Energy (Oil & Gas) Insurance, at Singapore in 2010. Designed and Conducted on behalf of Braemar Technical Services (Offshore) Vietnam, a Workshop on Marine Hull Claims under H&M, Builders Risk Insurance, Ship Repairers Liability Insurance and P&I Insurance for the Marine Engineer and Master Mariner Surveyors at which two Insurers from Petrovietnam Insurance also attended. Designed and Conducted on behalf of IG Training Pte Ltd., Singapore jointly with Ms. Seetha Gangadharan of Zurich Singapore, a Training Program Energy (Oil & Gas) Insurance, at Singapore in 2012. Conducted on behalf of GL Academy Mumbai for Crest Marine Services Goa, a one day Training Program on, Disability Awareness and Disability Assistance, for Crew Members serving on Cruise Ships in 2013.

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Anthony W.J. Fernandez, Curriculum Vitae, 13-Jun-13

ACCOMPLISHMENTS (CONTINUED) 26. Credibility as a Learning Facilitator (Continued)

26.1.28 Invited by Gujarat National Law University (GNLU) as Visiting Professor to lecture on Maritime Law and Marine Insurance on 26/27 Mar-13, at the Advanced Course on Law of the Sea conducted for Officers of the Indian Navy and the Indian Coast Guard. Jointly conducted as a GL Trainer, in conjunction with Capt. A.K. Maniar, GL Trainer, the Designated Person Ashore (DPA) Training Program of Germanischer Lloyd on 11-12 April 2013, at Mumbai. Designed on behalf of IG Training Singapore and conducted a one day Program on Managing the Risk of Project Cargoes on 21-Apr-13 at Singapore.

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Anthony W.J. Fernandez, Curriculum Vitae, 13-Jun-13