Lawyers representing shipping firm Dampskibsselskabet NORDEN A/S (DS Norden) and Singapore bunker supplier Global Energy Trading Pte Ltd (Global) met at a pre-trial conference organised by the High Court of the Republic of Singapore on Tuesday (17 November) to discuss matters relating to a bunker claim, according to documents obtained by the Singapore bunkering publication Manifold Times.
Claim by Dampskibsselskabet NORDEN
DS Norden was seeking for a total claim of USD 2 million (exact: USD 2,066,063.03) and SGD 22,000 (exact: SGD 22,283.00) from Global over loss and damages from the supply of alleged off-spec low sulphur 380 centistokes (cSt) 0.5% bunker fuel to Nord Gemini, Nord Titan, Ocean Rosemary, and Luzern at Singapore port in or around January 2020.
About 997.985 metric tonnes (mt) of the material was delivered to Nord Gemini on 4 January; 359.102 mt to Nord Titan on 17 Janaury; 1,196.303 mt to Ocean Rosemary on 21 January, and 498.407 mt to Luzern on the same day (21 Janaury).
“The Bunkers supplied and/or delivered by the Defendant were unusable (in fact worse than unusable given that they were potentially or actually damaging to the respective Vessels’ engines) and the Plaintiff is entitled to the return of the price paid on a total failure of consideration and/or in restitution,” alleged lawyers in DS Norden’s statement of claim.
The bunker orders were placed through global commodities trading and logistics house Trafigura Pte Ltd., according to the documents. The orders under the ISO 8217:2010 fuel quality standard specified a maximum sulphur content of 0.50% and Total Sediment Potential (TSP) limit of 0.10% amongst other parameters.
An initial fuel analysis conducted by the owners of the four vessels after respective bunker deliveries found fuel samples to be off-spec.
Subsequent joint analysis conducted by Trafigura, DS Norden and the owners of the four vessels claimed an excessive TSP level for the bunkers supplied and delivered by Global; in addition, fuel delivered to the Luzern had excessive sulphur levels.
Defence of Global Energy Trading
Lawyers representing Global stated: “Any remedy DS Norden may have lies in a contractual claim against Trafigura, which DS Norden is actively pursuing against Trafigura through arbitration proceedings in London.”
They added there was no duty of care by Global to DS Norden, amongst other arguments.
“There is altogether no basis for any claim (in negligence or otherwise) by DS Norden against Global,” the lawyers explained.
“DS Norden’s attempt to found a claim in negligence against Global is an attempt to circumvent its contractual bargain with Trafigura.
“DS Norden chose to contract with Trafigura rather than Global, and should not be allowed to better its bargain and sidestep the risk exposure negotiated and agreed between parties. In the premises, the present claim is frivolous, vexatious, and an abuse of court process.”
Further tests of bunker samples conducted by Global with a SAC-SINGLAS Accredited Laboratory later revealed the following results:
**Test results not shared in court document
Testing done on the samples obtained at the time of delivery and retained by Global indicated the bunkers supplied to Nord Gemini, Ocean Rosemary and Nord Titan conformed to the specification required by the Bunker Standards and Regulations, said lawyers.
In summary, Global’s legal team stated, amongst others, that:
DS Norden’s present claim against Global is an attempt to circumvent:
“Global denies DS Norden is entitled to any of the reliefs claimed,” they stated.
Photo credit: Manifold Times
Published: 20 November, 2020
Problem is while FuelEU Maritime looks at GHG and the entire fuel value chain, ETS only looks at CO2 and only at emissions during actual combustion.
About 350,000 litres of diesel oil found onboard vessel; authorities said cargo was without legal proof.
Crew members of Noble Star received 2 mt of misappropriated MGO from marine service provider’s staff.
Chan Chun Sing spoke on rising protectionism, increased consumerism, technological changes and more.
To support orders of more than 200 vessels including 20 mega container ships by 2020.
NYK will acquire knowledge of the carbon credit creation business and aim to expand its business in Australia and other regions such as the United States.
Cash of SGD 4.43 million and USD 243,100, and one piece of 100-gram gold-coloured bar recovered in safe belonging to Abdul Latif Bin Ibrahim kept at Extra Space warehouse storage facility, show court documents.
Program introduces periodic assessments, mass flow metering data analysis, and regular training for relevant key personnel to better handle the MFMS to ensure a high level of continuous operational competency.
U.S. Claims Register Summary recorded a total USD 833 million claim from a total 180 creditors against O.W. Bunker USA, according to the creditor list seen by Singapore bunkering publication Manifold Times.
Glencore purchased fuel through Straits Pinnacle which contracted supply from Unicious Energy. Contaminated HSFO was loaded at Khor Fakkan port and shipped to a FSU in Tanjong Pelepas, Malaysia to be further blended.
Individuals were employees of surveying companies engaged by Shell to inspect the volume of oil loaded onto the vessels which Shell supplied oil to; they allegedly accepted bribes totalling at least USD 213,000.
MPA preliminary investigations revealed that the affected marine fuel was supplied by Glencore Singapore Pte Ltd who later sold part of the same cargo to PetroChina International (Singapore) Pte Ltd.
