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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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Business

Liberia-flagged bulker “Eleen Armonia” placed under Sheriff’s arrest

Ship was added to list of vessels under Sheriff’s arrest in Singapore’s court system and it is currently held at Eastern Bunkering Anchorage; arrest was made on behalf of Allen & Gledhill LLP.

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RESIZED SG bunker tanker

Liberia-flagged bulk carrier Eleen Armonia was arrested in Singapore waters on Monday (4 December). 

The 55,522 DWT vessel was added to the list of vessels under Sheriff’s arrest in Singapore’s court system. 

According to the list, the vessel was arrested at 12.25pm and the arresting solicitor listed was law firm Allen & Gledhill LLP. The ship is currently held at the Eastern Bunkering Anchorage. 

No details regarding the reason behind the arrest were provided in the list. 

Photo credit: Manifold Times
Published: 7 December, 2023

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Crime

Malaysia: MMEA detains three vessels for illegal anchoring in East Johor waters

Vessels, including those registered in Barbados and Copenhagen, were detained on 4 December and captains of ships had failed to present any document of authorisation to anchor in Malaysian waters.

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Malaysia: MMEA detains three vessels for illegal anchoring in East Johor waters

The Malaysian Maritime Enforcement Agency (MMEA) on Tuesday (5 December) said three vessels have been detained for illegally anchoring in East Johor waters on 4 December. 

MMEA Tanjung Sedili Zone acting director Maritime Cmdr Mohd Najib Sam said the first ship, registered in Port Klang, was detained by a patrol boat at 11.30 am at 19.8 nautical miles east of Tanjung Sedili Kechil.

The second ship, registered at Bridgetown in Barbados, anchored at 11.30am at 18.1 nautical miles northeast of Tanjung Penawar.

And the third ship, registered at Copenhagen, was detained by a MMEA patrol vessel at 5.30pm at 21.5 nautical miles east of Tanjung Balau.

MMEA2 1
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Najib said all captains of the ships had failed to present any document of authorisation to anchor in Malaysian waters and the case will be investigated under Section 491B(1)(L) Merchant Shipping Ordinance 1952.

He added that the detention of all three ships has brought the total number of ships detained for the same offence so far this year to 86.

Photo credit: Malaysian Maritime Enforcement Agency
Published: 6 December, 2023

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Winding up

Singapore: Annual general meetings set for Hua Sheng Shipping Pte Ltd

Creditors to receive an update on the liquidation of the firms, and to receive an account of the liquidators’ acts and dealings, and of the conduct of winding up.

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An annual general meeting for Hua Sheng Shipping Pte Ltd will be held via electronic means on 14 December 2023, according to a notice on the Government Gazette on Thursday (30 November). 

The agenda of the meetings for the creditors (2pm) and contributories (11am) for the following purposes:

  • 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 of the company:

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

Manifold Times previously reported several notices were published on the Goverment Gazette regarding the annual general meetings held electronically for Hua Sheng Shipping Pte Ltd, Nan Zhou Maritime (Pte) Ltd and Xin Sheng Shipping (Pte) Ltd.

Photo credit: Benjamin child
Published: 4 December, 2023

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