A Case Management Conference between legal representatives of Glencore Singapore Pte Ltd (Glencore) Straits Pinnacle Pte Ltd (Straits Pinnacle) has been scheduled to take place at the High Court of the Republic of Singapore on Thursday (29 September).
The meeting seeks to resolve a dispute relating to the level of contaminants in RMG 380 fuel oil (RMG 380 Fuel Oil) supplied by Straits Pinnacle [Defendant] to Glencore [Claimant].
Glencore, for the preservation of evidence, is seeking to have its elected fuel testing agency Inspectorate (Singapore) Pte Ltd conduct checks of six RMG 380 Fuel Oil test samples currently held by AmSpec Testing Services Pte. Ltd. and CCIC Singapore Pte. Ltd.
“It is the Claimant’s position that the Test Samples are degrading with time in respect of the level of contaminants in the Test Samples, thus the urgency of the matter,” stated Glencore’s lawyers, according to court documents obtained by Singapore bunkering publication Manifold Times.
Four of the test samples fall under a January 2022 sale and purchase (S&P) contract of approximately 105,000 metric tonnes (mt) of RMG 380 Fuel Oil, while two of the test samples come under a February 2022 S&P contract of approximately 105,000 mt of RMG 380 Fuel Oil.
Documents further stated Glencore previously commencing Singapore International Arbitration Centre (SIAC) Emergency Applications against Straits Pinnacle, but those applications have been dismissed “because the Claimant’s applications were defective and dismissed for want of jurisdiction,” stated Straits Pinnacle’s lawyers.
Questions arise on ‘Urgent’ Case Management Conference
Interestingly, the Case Management Conference submitted by Glencore’s legal team to Straits Pinnacle on 8 September originally requested for it to take place in the week starting 12 September due to its alleged urgency.
The development reduces the time afforded to Straits Pinnacle to file its affidavit from the standard 21 days to 7 days, argued Straits Pinnacle’s lawyers.
The modus operandi to-date of Glencore’s lawyers seems to be “to overwhelm Straits Pinnacle and its legal team by mounting concurrent and successive applications irrespective of their individual merits,” they observed.
Glencore has concurrently commenced two sets of SIAC arbitrations, two sets of ad hoc arbitrations, two sets of emergency applications pursuant to the SIAC Rules (which has since been dismissed), two sets of originating applications, and documents spanning more than 1,800 pages in total against Straits Pinnacle.
The lawyers added there was “absolutely no urgency to the present applications” as samples of the RMG 380 fuel oil were taken in February 2022 and almost seven months have elapsed before Glencore’s request to hold a Case Management Conference at the high Court.
“This is an abuse of process and the Defendant will address the Honourable Court further on this in due course,” highlighted Straits Pinnacle’s legal team – which successfully pushed back the Case Management Conference to 29 September.
Related: Singapore: “Ore Shangdong” owner in damages claim against PetroChina International over off-spec marine fuel
Related: MPA completes investigations into bunker fuel contamination; temporary suspends Glencore’s Bunkering Licence
Related: MPA investigation traces contaminated bunker fuel back to source at Port of Khor Fakkan
Related: MPA: Glencore and PetroChina supplied contaminated bunkers to about 200 ships in the Port of Singapore
Photo credit: Manifold Times
Published: 26 September, 2022
Notice for meeting of members of the company at 10:30am has been circulated to all known members, according to liquidators from Grant Thornton.
“We had already received an anonymous tip off that there were ships in Terengganu illegally selling bunker fuel to Vietnamese fishing boats [...],” said Commander.
“It was my mistake but I was instructed by my boss to place the magnet. About the risk, I am not aware. I did not receive any money from him,” said suspect.
Vessels will be retrofitted to ensure suitable LNG bunkering capabilities, enabling them to both transport and bunker LNG, LBM, and in the longer-term e-LNG.
Patrol team discovered the vessel on 3 January about 14 nautical miles from the northeast coast of Phú Quốc Island while they were out on patrol.
VLSFOs have different characteristics which existing bench tests cannot fully evaluate, thus, many established bench tests have to be modified or replaced, it said.
Transferred shares of 40 subsidiaries to BVI firm after tribunal awarded claims in favour of Trinity Seatrading; YSPL has also filed a civil complaint against DNV and Liberian ship registry at Nanjing Maritime Court.
ADNOC L&S, Gulf Energy Maritime, Cockett Marine Oil, Mideast/Bahri Ship Management and VPS experts present their views on biofuel bunker hurdles at the VPS Biofuels Seminar in Dubai on 16 March.
‘Bunker barges operate in very local areas so these vessels call at port very often which means it will be a good fit for women with families,’ states Elpi Petraki, President of WISTA International.
“Our Singapore branch is under preparation and is expected to start business at the republic before June 2023,” Managing Director Darcy Wong tells bunkering publication Manifold Times in an interview.
Development to supply B35 biodiesel blend officially takes effect on 1 February; local bunker suppliers will be able to deliver updated spec within March onwards, once current stocks of B30 avails run out.
VPS, Global Centre for Maritime Decarbonisation, Wilhelmsen Ship Management, and INTERTANKO executives offered a multitude of perspectives to 73 attendees during the VPS Biofuels Seminar, reports Manifold Times.
