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Lawyer: Rights of retention over bunkers only ‘good in theory’

Bunker trading and supply companies ‘really out on a limb’ without credit risk insurance, says Senior Partner of law firm JTJB LLP at IBIA Asia Bunker Symposium.
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It is inadvisable to depend on using the Rights of Retention clause in contracts to claim back bunkers in the event of a dispute, says the Senior Partner of Singapore-based legal firm JTJB LLP.

“A clear point from the OW Bunker debacle is the bunker suppliers right of retention to title claims, which is generally found in all standard terms and conditions,” Danny Chua told delegates at the IBIA Asia Bunker Symposium.

“It is very clear in the OW bunker case that bunkers supplied are meant to be consumed and therefore retention of title clause is generally quite useless.

“This is because by the time you want to effect any recovery of your bunkers on board they will either have been co-mingled with other marine fuel or have already been consumed.

“So therefore that clause is only good in theory.”

A bunkering firm encounters the same amount of credit risk when dealing with shipowners, operators or charterers and cannot arrest a vessel when dealing with an intermediary.

The only answer for a bunkering firm wishing to insulate its credit risk is to seek insurance, recommends Chua.

“From the experience of the OW bunker demise, not many creditors here had taken out credit insurance and this was sad because a lot of the victims in the OW bunker collapse were physical suppliers,” he says.

“Nowadays, each stem runs into at least a million dollars. It is a fair bit of debt to recover and if you do not have credit risk insurance you are really out on a limb.”

The IBIA Asia Bunker Symposium is held as part of Asia Pacific Maritime 2018.

 
Photo credit: Nadiah Zulkifle, IBIA (Asia)
Published: 16 March, 2018
 

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Sanctions

US reinstates Iran oil sanctions, orders wind-down by 17 July

US has revoked a licence permitting the purchase of Iranian crude oil, petrochemical products and petroleum products, with the restrictions taking effect immediately.
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7 hours ago

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July 8, 2026

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The US Treasury’s Office of Foreign Assets Control (OFAC) on Tuesday (7 July) revoked a licence that had temporarily authorised transactions involving crude oil, petrochemical products and petroleum products of Iranian origin.

Under the new licence, the purchase of Iranian crude oil, petrochemical products and petroleum products is prohibited with immediate effect.

The latest licence replaces an authorisation issued on 22 June, which had been scheduled to remain in force until 21 August. The previous authorisation permitted the bunkering of vessels engaged in the approved transactions.

Parties that entered into contracts for Iranian oil during the period in which the authorisation was in effect have until 17 July to wind down Iran-related transactions.

 

Photo credit: Zbynek Burival on Unsplash
Published: 8 July, 2026

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Legal

Russian court orders marine fuel supplier Transbunker assets transferred to state

A Moscow court has reportedly ordered the transfer of assets belonging to Russian marine fuel supplier Transbunker to state ownership.
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July 8, 2026

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A Moscow court has reportedly ordered the transfer of assets belonging to Russian marine fuel supplier Transbunker to state ownership.

This comes following a lawsuit alleging the company was illegally controlled through offshore corporate structures, according to The Moscow Times. 

The ruling grants the Russian Prosecutor General’s Office’s claims in full and takes immediate effect. Prosecutors argued that Transbunker, one of Russia’s largest marine fuel suppliers, was subject to restrictions on foreign ownership because the companies within the group qualify as strategic enterprises. 

The case targets Transbunker founders Iosif Sandler and Sergei Pugachev, both Cypriot citizens, along with Transbunker Management CEO Yelena Zavyalova. 

Prosecutors alleged the founders concealed control of the group through offshore entities in jurisdictions including Cyprus and the British Virgin Islands, while transferring profits abroad. Authorities claim RUB 19.3 billion (USD 247 million) has been moved out of Russia since 2020.

Founded in 1991, Transbunker has developed a nationwide marine fuel supply network serving Russian ports in the Baltic, Black Sea and Far East. The group owns fuel terminals in Novorossiysk, Vanino, Sakhalin and the Leningrad region, among other assets.

 

Photo credit: Egor Filin on Unsplash
Published: 8 July, 2026

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Winding up

Singapore: Annual general meetings scheduled for Xihe Holdings subsidiaries

Annual general meetings of companies/creditors will be held electronically from between 21 July to 5 for 11 subsidiaries of Xihe Holdings.

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July 7, 2026

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Several notices were published on the Government Gazette on Tuesday (26 May) regarding the annual general meetings of the companies and creditors to be held electronically from between 21 July to 5 August for 11 subsidiaries of Xihe Holdings. 

Annual general meetings for Xin Dun Shipping are to be held on 21 July at the following time:

  • For the company and creditors: 4pm

Annual general meetings for Xin Ya Shipping are to be held on 24 July at the following time:

  • For the company and creditors: 3pm

Annual general meetings for Xin Chun Shipping are to be held on 21 July at the following times:

  • For the company: 2pm
  • For the creditors: 3pm

Annual general meetings for Nan Sia Maritime are to be held on 24 July at the following time:

  • For the company and creditors: 2pm

Annual general meetings for Nan Hai Maritime are to be held on 23 July at the following time:

  • For the company and creditors: 3pm

Annual general meetings for Hua Xin Shipping are to be held on 4 August at the following time:

  • For the company and creditors: 3pm

Annual general meetings for Hua Kang Shipping are to be held on 23 July at the following time:

  • For the company and creditors: 2pm

Annual general meetings for Hua Gang Shipping are to be held on 4 August at the following time:

  • For the company and creditors: 2pm

Annual general meetings for Hua An Shipping are to be held on 22 July at the following time:

  • For the company and creditors: 4pm

Annual general meetings for Dong Fang Shipping are to be held on 22 July at the following times:

  • For the company: 2pm
  • For the creditors: 3pm

Annual general meeting for Nan Ya Maritime is to be held on 5 August at the following time:

  • For the company: 2pm

The agenda for all the meetings are:

  • To receive an update on the liquidation.
  • To receive an account of the Liquidators’ acts and dealings, and of the conduct of the winding up.

The following are the details of the liquidator: 

Ho May Kee
Liquidator
c/o 8 Marina View
#40-04/05 Asia Square Tower 1
Singapore 018960

 

Photo credit: Benjamin Child
Published: 7 July, 2026

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