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Falcon Navigation seeks claim from WFS over alleged cat fines/sulphur off-spec VLSFO

WFS delivered 240.06 mt of VLSFO and 30.20 mt of MGO to the M/V WL Uglich through agent NuStar Energy Services at Houston port in Texas on September 24 2020.

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WL UGLICH Kees van der Meijden MT

Copenhagen-based Falcon Navigation A/S, the chartering vehicle of Falcon Maritime Group, has filed a legal suit against World Fuel Services Corporation (WFS) at the US District Court for the Southern District of Florida on 23 March 2021.

The suit is regarding the delivery of alleged cat fine and sulphur off-spec VLSFO bunker fuel to the bulk carrier M/V WL Uglich, an ocean going vessel sub-chartered from Disponent Owner W.L. Shipping Ltd on 20 September 2020, according to court documents obtained by bunkering publication Manifold Times.

On September 24 2020, WFS delivered 240.06 metric tonnes (mt) of VLSFO and 30.20 mt of marine gas oil (MGO) to the M/V WL Uglich through agent NuStar Energy Services, Inc. at Houston port in Texas.

Testing by Veritas Petroleum Services (VPS) found fuel samples exceeding the specifications for aluminium and silicon, and was above the legal limit for sulphur at 0.53%; subsequent testing by Intertek found sulphur to be at 0.5597%.

Falcon Navigation claimed it tried asking WFS for access to the barge samples (to verify whether the VLSFO was non-conforming) following the test reports from VPS and Intertek; however, WFS refused to allow the tests on both occasions.

On October 19, 2020, the M/V WL Uglich was redelivered to W.L. Shipping at Vila do Conde, Brazil where the Disponent Owners eventually conducted debunkering operations between October 24-25, 2020.

Due to the above developments, the Disponent Owners have also started arbitration proceedings at London, England and will be presenting a claim to Falcon Navigation seeking costs of replacement bunkers, costs of debunkering, and other losses.

Falcon Navigation believes it is potentially liable for claims of above USD $500,000 under the indemnity clause; and further potentially liable for claims in an amount in excess of USD $350,000 under the contribution clause.

“Any amounts that Plaintiff is compelled to pay in the arbitration referenced herein, whether by settlement or arbitration award, will be because of the damages occasioned by the provision of off-spec bunkers by WFS, and FALCON is therefore entitled to contribution from WFS,” stated the legal representative of Falcon Navigation.


Photo credit: MarineTraffic / Kees van der Meijden

Published: 22 April, 2021

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Legal

Shipowner and captain fined for using heavy fuel oil around Svalbard

Foreign shipping company has been fined NOK 1 million for having sailed one of its cargo ships with heavy fuel oil on board within the territorial waters around Svalbard; captain has been fined NOK 30,000.

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RESIZED venti views

A foreign shipping company has been fined NOK 1 million (USD 94,632) for having sailed one of its ships with heavy fuel oil on board within the territorial waters around Svalbard, which is a breach of the Svalbard Environment Act, according to the Governor of Svalbard on Thursday (13 June). 

In addition, the captain has been fined NOK 30,000.

On 6 June 2024, the cargo ship passed into Svalbard's territorial waters, despite the vessel having heavy fuel oil on board, which was established by an inspection carried out by inspectors from the Norwegian Maritime Directorate on the same day.

“This is a breach of Section 82a of the Svalbard Environment Act, which stipulates that ships calling at Svalbard cannot use or have heavy fuel oil as a means of transport. The provision applies to the whole of Svalbard and was introduced on 1 January 2022,” Lars Fause said. 

For the violation of Section 82a of the Svalbard Environment Act, the Governor of Svalbard has issued a forfeiture order against the foreign shipping company of NOK 1,000,000. In addition, the captain of the ship has been fined NOK 30,000.

“It is the first time that the Governor has fined a company in connection with a breach of the heavy oil provision on Svalbard,” he added. 

The fines have not been accepted. The shipping company provided a guarantee for the sum of the fine and was thus allowed to sail down from Svalbard on Wednesday evening, 12 June.

The main hearing in the case is scheduled for the Nord-Troms district court in early October.

 

Photo credit: Venti Views on Unsplash
Published: 20 June, 2024

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Business

Singapore: Xihe Capital liquidator issues notice of intended dividend

Xihe Capital Pte Ltd and its subsidiaries are owned by the Lim family, who are also the owners of the embattled Hin Leong Trading.

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RESIZED Drew Beamer

A notice to declare intended dividend of Nan Shan Maritime Pte Ltd to its creditors has been posted on the Government Gazette on Monday (10 June).

Xihe Capital Pte Ltd and its subsidiaries are owned by the Lim family, who are also the owners of the embattled Hin Leong Trading.

The following are the details of the notice of intended dividend:

Name of Company : XIHE CAPITAL (PTE.) LTD. (IN CREDITORS’ VOLUNTARY LIQUIDATION)
Unique Entity No. / Registration No. : 201727410K
Address of Registered Office : 10 ANSON ROAD, #10-10,INTERNATIONAL PLAZA, SINGAPORE 079903
Last Day for Receiving Proofs : 2 JULY 2024
Name of Liquidator : TAM CHEE CHONG
Address : c/o 10 ANSON ROAD, #10-10, INTERNATIONAL PLAZA, SINGAPORE 079903

Related: Singapore: Liquidator arranges creditors meeting for Xihe Capital
Related: Petition to place Xihe Capital subsidiaries under judicial management approved
Related: Creditors’ meeting for Xihe Capital and related shipping firms to take place in November

 

Photo credit: Drew Beamer
Published: 19 June 2024

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Winding up

Singapore: Final meetings scheduled for An Ping Shipping and related companies

Other companies involved are Da Wei Shipping, Da Kang Shipping, Da Jiang Shipping, Da Hua Shipping, Xin Jiang Shipping and Xin Rong Shipping.

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RESIZED Jo_Johnston from Pixabay

The final meetings of An Ping Shipping Pte Ltd and related companies have been scheduled to take place on 15 July, according to the company’s liquidator on a notice posted on Friday (14 June) on the Government Gazette.

The meetings will be held at 10 Anson Road, #10-10 International Plaza, Singapore 079903 on 15 July 2024.

The following are the list of the companies involved and timings of the meetings: 

Singapore: Final meetings scheduled for An Ping Shipping and related companies

The meetings are being held for the purpose of having an account laid before the members showing the manner in which the winding up has been conducted and the property of the respective company disposed of and of hearing any explanation that may be given by the Liquidators.

The following are details of the joint liquidators:

Tam Chee Chong
Liquidator
c/o 10 Anson Road
#10-10 International Plaza
Singapore 079903#05-01 Parkview Square
Singapore 188778

Note: A Member or Creditor of the Companies may vote either in person or by proxy. To be valid, proxies to be used at the Final Meeting must be lodged with the Liquidator’s office at least 48 hours before the meeting via email to [email protected].

 

Photo credit: Jo_Johnston from Pixabay
Published: 19 June, 2024

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