CASE CONCERNING THE ANDROMEDA INCIDENT

Part I: The Andromeda Incident

1. In May 2020, Motor Tanker Andromeda (hereinafter “Andromeda”) was sailing off
the coast of the Republic of Brown (hereinafter “Brown”) when it encountered engine
and generator problems. Meanwhile, a crew member on board began to show signs of
suffering a stroke with symptoms of laborious speech, pain under the left shoulder and
his left arm and paralyzed leg. The Master was immediately alerted and the assistance
of an international medical assistance company was sought, which confirmed the
stroke diagnosis. Consequently, the Master appealed for emergency assistance,
including medical support, from the Brown authorities.
2. Upon receiving the request from the Andromeda, the Brown authorities conducted a
routine patrol investigation and boarded the vessel. The visit revealed that the
Andromeda, which was a chemical tanker laden with volatile naphtha cargo, was
facing mild flooding in the engine room. The automatic identification system (AIS)
was non-operational and there were no valid insurance certificates on board. The
Andromeda carried a provisional certificate of registry issued by the Kingdom of
Black (hereinafter “Black”) but the document had expired on 30 April 2020. Although
the registered ownership was uncertain at this stage, it was clear that the Andromeda
was operated by the Yin Company under a bare-boat-cum-demise charter. The vessel
had on board 23 crew members, including 11 Yellow Nationals, 8 Brown Nationals, 3
White Nationals and 1 Black National. The Master informed the Brown authorities
that her next port of call was located in the White Republic (hereinafter “White”). The
Master and the crew stated that their contracts were close to completion but not a
single month’s salary had been paid to them. The seafarers on board the ship also
sought the help of the Brown authorities for basic supplies, given the lack of sufficient
provisions of drinking water, food, and other necessary items.
3. Keeping in mind the condition of the Andromeda in the coastal waters of Brown and
the hazardous and inflammable nature of the cargo on board, the Brown authorities
directed the vessel for immediate action to avail towing assistance towards its next
port of call on a priority basis. Further, the Master was advised to liaise with the
Andromeda’s owner and charterer, prioritize its cargo, and appoint an agent within
Brown for efficiently fulfilling the tasks.
4. Around this time, a pandemic named “FakeBook” had caused Brown to implement a
severe quarantine lockdown to contain its spread. Despite the seaports of Brown
remaining operational to ensure the smooth functioning of trade and the maintenance
of supply chain in the country, Brown shore-based agents were unwilling to conduct
duties due to FakeBook. Subsequently, no agent was appointed and no agreement for
towing was entered in relation to the Andromeda.
5. Nevertheless, the Master communicated to the Brown authorities that the Andromeda
had dropped anchor in the vicinity of the nearby facility of Brown Port, stating that
the condition of the sick crew member was the same as before and that the goal was
repair of the main engine at that port. Furthermore, it was realized that the Andromeda
was on the projected path of a potential monsoon cyclone. Subsequently, the Brown
authorities permitted the Andromeda to take refuge inside the sheltered area of that
Brown Port till the weather conditions improved.
6. Further, the Brown Authorities contacted the Black authorities to take necessary
action as the flag State of the Andromeda. However, the Black authorities responded
and confirmed that the Andromeda’s provisional registry with Black had expired and
hence, it had no authority over or responsibility for Andromeda. Further, the Black
authorities advised the Brown authorities to take necessary measures against the
Andromeda and its owner for flying the Black flag without authorization.
7. The following day, Brown authorities received a communication from Mr. Sha-
warma, who claimed ownership of the Andromeda. Mr. Sha-warma stated that Mr.
Dim Sum, the CEO of the Yin Company, was entrusted with the responsibility of
renewing the certificates of the Andromeda, keeping it safe and fit for its operation,
and maintaining the labor on board. Mr. Sha-warma alleged that the Andromeda was
hijacked by Mr. Dim Sum with the connivance of the Master of the Andromeda and
that part of the cargo on board was stolen, which caused disruption and damage to Mr.
Sha-warma’s business. Mr. Sha-warma also alleged that a fraud was committed by
unplugging the Global Positioning System monitoring device and instigating a
technical fault in the Brown waters. Mr. Sha-warma’s allegations were supported by a
copy of the criminal complaint filed in the Kingdom of Yellow against Mr. Dim Sum
and the Master for hijacking the Andromeda, stealing cargo on board, and demanding
a ransom. Also, it was clarified that, despite filing the complaint, international arrest
warrants were delayed due to FakeBook.
8. Mr. Sha-warma also conveyed his active attempt to recover the Andromeda in
whatever possible way for a period of over six months. Mr. Sha-warma disclaimed
any responsibility for any damages caused to the marine environment, the shorelines,
the Andromeda and its crew members pursuant to this incident, while reinstating his
claims to recover all the financial and moral damages against Mr. Dim Sum and the
Master of the Andromeda for any damage and liability towards the vessel, its cargo,
and the crew on board. Further, Mr. Sha-warma warned of the possible use of the
Andromeda to threaten maritime security. He pressed Brown authorities to take
necessary action to suppress piracy, deception, and threat to the maritime safety and
security committed by Mr. Dim Sum and the Master in relation to the Andromeda.
9. Meanwhile, when the Andromeda deviated for refuge to the sheltered Brown Port and
was safely anchored, an explosion was reported in the engine room and one crew
member received injuries of second degree burns over eighty percent of his body. The
cause appeared to be a leak of liquid naphtha cargo, which breached the pump room
and double bottom tanks, and further caused spillage of bunker fuel of unknown
quantity. A few containers of liquid naphtha appeared to have fallen overboard.

Part II: The After-math of the Andromeda Incident

10. Immediately following the explosion on board, the Andromeda, the Government of
Brown issued an advisory to the fishermen in the area to be careful of the floating
containers and avoid fishing where the spillage occurred. In fact, a Brown Minister
reportedly made a statement to the media advising people to avoid seafood in the
aftermath of the Andromeda incident on grounds of possible contamination and
pollution. As a result, the Brown fishermen were faced with economic losses due to a
great drop in the demand and consumption of fish. A committee of experts was
appointed by the Government of Brown, which assessed the loss suffered by the
fishermen and recommended a sum of 8 crores to be paid as compensation.
11. The Brown authorities sought direct intervention of the owner, the charterer and the
Master of the Andromeda, and any failure to do so was intimated to lead to the arrest
of the Andromeda. To prevent any further damage to life, the crew members were
safely evacuated, sent for FakeBook testing, and were quarantined at the port
 quarantine centre in Brown Port. In order to avert further pollution of or threat to the
waters and the coastline interests of Brown, an emergency action plan and response
was activated by Brown authorities. After relentless efforts, the volatile cargo was
transferred successfully to another ship.
12. However, the Andromeda had lost power and needed to be towed to a safer location.
The towing operation was delayed since the port authorities required the ship to be
surveyed before it could enter into port. While awaiting permission for port entry, the
Andromeda experienced high winds from a cyclone, which drove it aground and
substantially damaged its structure. Technical assessment of the Andromeda deemed
it as a constructive total loss, and the Brown authorities deemed it as a prima facie
wreck.
13. Throughout this process, Mr. Dim Sum failed to fulfil his financial and other
contractual obligations of operating and managing conditions on the Andromeda,
despite numerous repeated reminders and follow-ups from the Brown authorities.
However, during this time, the Brown authorities ascertained that the documents
submitted by Mr. Sha-warma supporting his ownership claim were valid, which
established his registered ownership of the Andromeda.

Part III: Legal Action

14. Brown had incurred substantial costs and expenses as a result of the Andromeda
incident due to the damage caused and the threat of damage to the environment and its
coastline and related interests, the measures taken in preventing, minimizing and
removing such damage and the restoration of the marine environment. Also, Brown
absorbed costs in mitigating the consequences of the wrecked Andromeda and its
abandoned crew, and the compensation for the resulting losses suffered by the
fishermen remained pending.
15. To recover these costs, expenses, and compensation, Brown lodged an admiralty suit
before the Supreme Court (hereinafter “High Court”) against the Yin Company, as the
bareboat-cum-demise charterer of the Andromeda, and Mr. Sha-warma, as the
registered owner of the Andromeda. Brown then moved the High Court seeking an
arrest in rem of the Mobile Offshore Drilling Unit (hereinafter “MODU”) Antlia
flying the Yellow flag, operating under a bareboat-cum-demise charter by the Yin
 Company, and owned by the Yang Company. Brown alleged the Yang Company to
be a shell company registered in Black under the beneficial ownership of the Yin
Company and justified the arrest of Antlia on the grounds that it was the sister-vessel
of the Andromeda. Accordingly, the Yang Company was also introduced as a
defendant in this suit as the registered owner of the Antlia, and the Yin Company was
further impleaded for being the bareboat-cum-demise charterer of the Antlia.
16. After hearing both sides on merits, the Judges of the High Court are to pronounce
their verdicts on the following legal issues:
a) Whether Brown has a parens patriae locus standi to bring an action on behalf
of the fishermen affected by the Andromeda incident?
b) Whether Brown has locus standi to recover the costs and expenditure that it
had incurred in dealing with the Andromeda, its abandoned crew and the
impact of the Andromeda incident on the marine environment and the Brown
coastline?
c) Whether the Andromeda was rightly deemed as a “wreck” by Brown?
d) Whether the sister-vessel of the Andromeda can be arrested in lieu of the
Andromeda?
e) Whether, for the purposes of its arrest in rem, a foreign flagged MODU can be
said to be the sister-vessel of the Andromeda on the grounds of it being under
a bare-boat-cum-demise charter of the Yin Company, which beneficially owns
the registered owner of the MODU, i.e., the Yang Company?
f) Whether Mr. Sha-warma, the registered owner of the Andromeda, can be held
liable for the damages resulting from the Andromeda incident?

NOTE:-

● The Laws of Brown are pari materia to the laws of the Republic of India, including

the judgments delivered by Supreme Court of India and the various High Courts of
India. However, all ‘Common Law’ Precedents have equal persuasive value.

● The participants are expected to undertake research including consulting statutes,

legal texts, legal doctrines, the Constitution, international comparative law and
international conventions on the subject.
● The participants are expected to bring out in their judgment the relevant

jurisprudence. It may include judgements and opinions delivered by Courts of

Common Law Nations as well as Courts of European Nations.

● The participants have to demonstrate with cogent reasons as to why a principle of law

derived from precedent or otherwise is logical and the most applicable one.