MSC ELSA 3

scrapped

General information

Course/Position

Latest news

Oil removal to be completed until September 25

The extraction of fuel from the 'MSC Elsa 3' 14.6 nautical miles off the Alappuzha coast, has reached an advanced stage and the task was expected to be completed by Sep 25. The fuel extraction from the sunken vessel commenced on Aug 20 with saturation diving operations using advanced 'Diving Support Vessel (DSV) Southern Nova'. Specialized divers have been mobilized and preliminary activities have begun, marking a significant step in the process of fuel extraction and wreck management. The operation was suspended on July 12 due to adverse weather conditions experienced at the site due to South West Monsoon. The support vessel 'Offshore Monarch is assisting the Diving Support vessel in the fuel extraction at the site. Additionally, the tug 'Canara Megh' has been deployed to monitor the operations and enforce a one nautical mile exclusion zone around the wreck site to ensure safe diving activities. Entry of fishermen has been banned in the one nautical mile radius around the site of operation. Despite challenging underwater conditions in a water depth of 51 metres, the salvage team has successfully initiated the diving phase, which will continue in a phased manner, subject to weather and sea currents. As per the plan submitted by the SMIT Salvage firm engaged by the ship owners and the Protection and Indemnity insurer North Standard, the tentative timeline for oil removal and associated activities was set for completion by Sep 25, weather-dependent. Environmental surveillance of the area was also being maintained through aerial, coastal and satellite monitoring in coordination with the Indian Coast Guard and State pollution control authorities. While no oil spills have occurred so far from the vessel, precautionary measures remained in place, with response equipment on standby to address any eventuality. 66 containers and other debris of the 'MSC Elsa 3' have washed ashore the Kerala Coast as of Aug 21, which have been safely removed by the Marine Emergency Response Centre (MERC) team appointed by the owners. No other containers or debris have been sighted along the coast at present. The shore-side cleanup efforts by the MERC team to remove the plastic nurdles along the Kerala and Southern Tamil Nadu Coast progressed very well with the help of more than 500 volunteers per day. So far, 655 tons of plastic nurdles have been collected from the coastal areas and kept segregated for disposal.

More MSC ships detained

The legal woes for the MSC were continuing in India, with the Kerala High Court continuing to side with plaintiffs and attach MSC vessels as collateral for the growing number of claims. Twice this week, the court has ordered ships detained at the Vizhinjam Port pending a bond from MSC. On Aug 14, was the latest court hearing after six separate admiralty claims were filed. According to the court papers, the suits alleged that fishing nets, wire ropes, and other fishing material became entangled with debris from the 'MSC Elsa 3'. The court issued an interim order to detain the 'MSC Makoto II' at the port pending a bond. Earlier in the week, four Indian fishermen simultaneously filed claims with the High Court at the beginning of the week for damages incurred to their fishing vessels. According to the individual claims filed with the court, the four individuals said their vessels had been damaged by debris floating below the surface after the 'MSC Elsa 3' went down. They also said that debris had become entangled in their fishing nets, causing severe damage. They also included claims for lost metal chains, ropes, and other fishing gear. The filings were timed to the call of the 'MSC Palermo' at Vizhinjam. They demanded the arrest of the vessel, until their claims could be heard by the court. The High Court found for the plaintiffs and ordered the detention of the vessel at the port on Aug 12. The company’s representatives were able to post a bond against the claims. The vessel was released and resumed its voyage on Aug 13. These, however, were the fourth and fifth times that the court had detained an MSC vessel due to claims. In June, the 'MSC Polo II' was briefly detained for a claim by the Cashew Board, and four days later, the 'MSC Manasa F' was also detained. Both times, the company was able to post bonds for the release of the ships. The 'MSC Akiteta II' was detained in relation to the $1 billion claim filed by the state. MSC has not posted a bond to release the ship, which was originally detained on July 8. The ship remained at the Vizhinjam port as of Aug 16 with little prospect of being released in the short term.

MSC sues to limit Liability to $14 Million for ship loss

The Mediterranean Shipping Company, as the charterer of the 'MSC Elsa 3', along with the vessel’s owners, has filed an admiralty suit in India seeking to limit their liability. The companies were citing the large number of claims already filed and the open-ended possibilities, saying that if the liability was not capped, it has the potential to disrupt insurance and freight operations and drive up the price of goods. There have already seven lawsuits been filed with the Kerala High Court, the largest being a claim for more than $1 billion from the government. Private cases were also filed on behalf of shippers who had cargo aboard the ship, as well as the fishing community and others. MSC in the filing sajd that it could be open to many claims, noting there were 643 containers aboard the vessel when it went down on May 25. The lawsuit was seeking to limit the amount of potential claims to a value calculated based on the tonnage of the vessel. It would be approximately $14.2 million, subject to current conversion rates, when the compensation fund is established. The lawsuit has been filed under India’s Maritime Shipping Act of 1958, which allows shipowners to cap liabilities, and the 2015 Merchant Shipping Rules, which reiterated the right to limit liability caused by the sinking of a ship. The suit further highlights that India is a signatory to the International Convention on Limitation of Liability for Maritime Claims. The suit was including an eight-slot beyond the current cases, which would be used as a catch-all for any future claims. They are also seeking a permanent injunction from other defendants initiating other cases against the MSC Elsa 3. The filing was coming in response to the massive claim filed by the government, which was seeking damages plus the cost of the remediation. India’s Directorate General of Shipping has overseen the recovery of containers that washed ashore, debris from the wreck, and the containment of oil leaking from the ship. The suits were proceeding even as the recovery effort was continued. A salvage team was in the area and prepared to begin saturation diving to the vessel as part of an effort to siphon oil from the tanks. However, the swell and seas have been too high for the effort to begin. Sri Lanka, which is hundreds of miles away from the wreck site, has also filed suit seeking compensation. It reports that debris from the ship was washing up on its beaches. The Kerala High Court has scheduled the next hearing for the case on Aug 21. The court continued to detain the the 'MSC Akiteta II' at the Vizhinjam port in effect as collateral against the claims. It had previously also briefly detained two other MSC ships in response to individual claims from shippers. MSC responded to the case denying the extent of the damage claimed by the government and rejecting posting a bond, which would have released the 'MSC Akiteta II'.