Connect with us

Business

Contactless bunkering operations at Singapore port ‘raises questions’ on remedies in event of breach

Senior Associate at Clyde & Co offers guidance to protect shipowners and bunker tanker operators in the event opposing counterparty breaches Covid-19 protocols, resulting in Covid-19 transmission.

Admin

Published

on

SG bunker tanker sailing

The following advice on legal responsibility during contactless bunkering operations at Singapore port amidst the Covid-19 pandemic has been written by Paul Collier, Senior Associate at global law firm Clyde & Co; the write-up was made possible through an arrangement led by the Singapore Chamber of Maritime Arbitration (SCMA):

The risk of COVID-19 spreading during bunkering operations remains a significant concern for vessel operators, bunker suppliers and authorities, particularly where vessels have previously called at ports with high infection rates.

In addition to the health impact on crew and shore staff, the transmission of COVID-19 during bunkering operations can also cause significant financial impact. If cases of COVID-19 are identified, crew are likely to be ordered to quarantine or self-isolate, and vessels and bunker barges prevented from performing their planned future employment. Bunker suppliers are concerned of the risk of repetition of the circumstances of the “NewOcean 6”, where several crew members tested positive for COVID-19 and the bunker tanker was forced to cease operations and quarantine.

Generally, standard bunker terms and conditions do not include express terms dealing with the risk of COVID-19 transmission. However, given the serious consequences and financial impact potentially arising from the transmission of COVID-19 during bunkering operations, bunker suppliers and purchasers may wish to consider including additional contractual obligations requiring their counterparties to comply with COVID-19 protocols.

The Maritime and Port Authority of Singapore has issued circulars which provide that contactless bunker operations must be carried out. The MPA circulars provide (amongst other things) that a receiving vessel’s crew must not board a bunker barge (and vice-versa), and that the receiving vessel’s crew (instead of the bunker barge crew) are to connect the fuel hose at the receiving vessel’s manifold.

It is in the interest of all parties to take all steps to reduce the risk of transmission of COVID-19 and comply with the MPA circulars in Singapore. However, there is a question as to what remedies a bunker supplier or purchaser will have if their counterparty breaches COVID-19 protocols, resulting in COVID-19 transmission. Under the standard wording of many bunker contracts, it may be difficult for bunker suppliers or purchasers to recover any losses which result from a failure or lapse in the counterparty’s compliance with COVID-19 protocols. Further, the ability to claim damages may be limited by contractual provisions restricting the ability to recover consequential losses.

If they are not already doing so, bunker suppliers and purchasers may therefore wish to press for express contractual wording providing that for bunkering operations taking place in Singapore, the other party will comply with all their obligations under the latest MPA circulars, so that if there is a breach of COVID-19 protocols by the other party leading to COVID-19 infection of their crew, there is a clearly identifiable breach of contract which they can use as an avenue to seek to recover losses. Separately, bunker suppliers may wish to consider whether their contractual terms should be amended to protect their position if there is any loss arising from a failure of the receiving vessel’s crew to properly connect the fuel hose, and whether any additional arrangements need to be made in respect of witness sampling at the receiving vessel’s manifold, given the movement restrictions between vessels.

Paul Collier
Senior Associate,  Clyde & Co Clasis Singapore Pte. Ltd.
Direct Dial: +65 6544 6569
Email: [email protected]

 

Photo credit: Manifold Times
Published: 21 July, 2021

Continue Reading

Winding up

Singapore: Liquidators of Nan Ho Maritime, Nan Xin Maritime issue notices of dividend

Nan Ho Maritime’s second interim dividend and Nan Xin Maritime’s second and final dividend are payable from 4 September, according to Government Gazette notices.

Admin

Published

on

By

Resized benjamin child

Notices of dividend for Nan Ho Maritime Pte Ltd and Nan Xin Maritime Pte Ltd, which are currently in creditors’ voluntary liquidation, were published on the Government Gazette on Friday (4 September). 

The following are the details of the notice for Nan Ho Maritime:

Name of Company : Nan Ho Maritime (Pte.) Ltd. (In Creditors’ Voluntary Liquidation)
Unique Entity No. / Registration No. : 200814315C
Address of Former Registered Office : 21 Bukit Batok Crescent, #22-70 WCEGA Tower, Singapore 658065
Amount per centum : 2.305 per centum of all admitted ordinary claims
First and Final or otherwise : Second interim dividend
When Payable : 4 September 2026 onwards
Where Payable : c/o AAG Corporate Advisory Pte. Ltd., 11 Collyer Quay, #07-02 The Arcade, Singapore 049317

The following are the details of the notice for Nan Xin Maritime:

Name of Company : Nan Xin Maritime (Pte.) Ltd. (In Creditors’ Voluntary Liquidation)
Unique Entity No. / Registration No. : 201701966W
Address of Former Registered Office : 21 Bukit Batok Crescent, #22-70 WCEGA Tower, Singapore 658065
Amount per centum : 3.980 per centum of all admitted ordinary claims
First and Final or otherwise : Second and final dividend
When Payable : 4th day of September 2026 onwards
Where Payable : c/o AAG Corporate Advisory Pte. Ltd., 11 Collyer Quay, #07-02 The Arcade, Singapore 049317

 

Photo credit: Benjamin Child
Published: 7 September, 2026

Continue Reading

LNG Bunkering

Singapore-based EPS takes delivery of three LNG dual-fuel bulk carriers

Three vessels are the third, fourth and fifth in the company’s series of 14 Newcastlemaxes being built at the yard, and were delivered five months ahead of their contracted delivery dates.

Admin

Published

on

By

35

Singapore-based Eastern Pacific Shipping (EPS) on Friday (4 September) announced the naming and delivery of three new LNG dual-fuel Newcastlemax bulk carriers from China’s Qingdao Beihai Shipbuilding. 

Cyril Ducau, CEO of EPS, said the vessels were named Mount Victoria, Mount Yulong and Mount Wuyi

The three vessels are the third, fourth and fifth in the company’s series of 14 Newcastlemaxes being built at the yard, and were delivered five months ahead of their contracted delivery dates.

“A big thank you to CSSC Group and Qingdao Beihai Shipbuilding, working alongside our EPS team, for the tremendous collaboration and commitment behind this achievement,” Ducau said in a social media post.  

 

Photo credit: Eastern Pacific Shipping
Published: 7 September, 2026

Continue Reading

Port & Regulatory

ISWG-GHG 22: IMO working group aims to present NZF text at MEPC 85

The Chair expressed his observation of a genuine willingness within the Group to make concrete further progress at the next ISWG-GHG meeting and work towards presenting text to MEPC 85.

Admin

Published

on

By

IMO

The Intersessional Working Group on Reduction of Greenhouse Gas (GHG) Emissions from Ships (ISWG-GHG 22) met for its 22nd meeting from 1 to 4 September 2026, chaired by Mr. Sveinung Oftedal (Norway), according to the International Maritime Organization on Friday (4 September). 

According to a meeting summary by IMO, the meeting had a high level of participation, with nearly 1200 registered participants, in person and online.

During the meeting participants considered the following agenda items:

Consideration of proposals, including documents submitted to MEPC 84 and 85, previous sessions of ISWG-GHG, as well as documents submitted to ISWG-GHG 22, on how to address concerns with the draft amendments to MARPOL Annex VI on the Net-Zero Framework, in line with the 2023 IMO GHG Strategy

Following constructive discussions, the Chair expressed his observation of a genuine willingness within the Group to make concrete further progress at the next ISWG-GHG meeting and work towards presenting text to MEPC 85 that adequately addresses the noted progress made in the consideration of proposals on how to address concerns raised regarding the draft amendments to MARPOL Annex VI on the mid-term measure.

The Group invited interested delegations to continue to consult intersessionally to address remaining concerns with the draft amendments to MARPOL Annex VI, in line with the 2023 IMO GHG Strategy, taking into account views expressed at the Group’s session, with a view to submitting concrete proposals reflecting enhanced convergence allowing timely adoption and effective implementation.

Further consideration of the draft guidelines supporting the uniform and effective implementation of IMO’s mid-term measures.

The Group held a preliminary exchange of views on this agenda item, although time became a limiting factor and the Group and agreed to defer the consideration of all documents submitted to this session under this agenda item to ISWG-GHG 23 (23-27 November 2026).

Further consideration of the development of the IMO Life Cycle GHG Assessment (LCA) framework.

Due to time constraints, the Group was not able to consider the agenda item related to the IMO Life Cycle GHG Assessment (LCA) framework. The Group deferred the consideration of those documents to ISWG-GHG 23, in conjunction with the report of the fourth meeting of the GESAMP-LCA Working Group expected to be submitted to MEPC 85.

Next steps

The next meeting of the Intersessional Working Group on Reduction of Greenhouse Gas (GHG) Emissions from Ships (ISWG-GHG 23) is scheduled for 23 to 27 November 2026, ahead of MEPC 85 (30 November to 3 December).

The second extraordinary session of MEPC (adjourned last October) is scheduled to resume on 4 December, subject to discussions at MEPC 85.

 

Photo credit: International Maritime Organization
Published: 7 September, 2026

Continue Reading
Advertisement

OUR INDUSTRY PARTNERS



Trending