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Reed Smith: Legal ramifications of Baltimore Bridge collision

Lawsuit raises legal and factual issues, including as to the owners’ and managers’ knowledge of the condition of Singapore-registered vessel “Dali” vessel, says lawyers Han Deng and Alice Colarossi.
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MPA: Singapore-registered ship in Baltimore bridge crash passed previous foreign port state inspections

Law firm Reed Smith on Thursday (26 September) shared comments of its transportation lawyers Han Deng and Alice Colarossi on the Baltimore bridge collision incident involving Singapore-registered vessel “Dali” in March:

Several claims have been filed against the owners and managers of the cargo ship in the aftermath of the incident, including (among others), on September 18, 2024, a USD 100 million claim by the U.S. Department of Justice, which alleged that the collapse was caused by the “outrageous, grossly negligent, willful, wanton, and reckless” conduct of the owners and operators, who they allege sent out an unseaworthy and poorly maintained vessel with a history of equipment failures to navigate a critical waterway.  

The government opposes the petition that was filed by the owners and managers of the vessel to limit their liability to approximately USD 44 million under the U.S. Limitation of Liability Act—a U.S. statute dating back to 1851 that allows ship owners to limit their total liability to the value of the vessel and pending freight after major incidents (while the Convention on Limitation of Liability for Maritime Claims does not apply in the United States).

The lawsuit raises a number of legal and factual issues, including as to the owners’ and managers’ knowledge of the condition of the vessel, and the circumstances and causes of the incident.

At the Port of Baltimore, ships are typically required to have a harbor pilot on board when navigating through the harbor and approaching or leaving the port. This is a common rule in many U.S. ports to ensure safe passage through waterways, such as crowded harbors or narrow canals. 

It requires tugs to assist ships in and out the port but does not mandatorily require extended escorts into the port’s channel or further into the bay. Tug escorts are only required in Baltimore for specific cargo types like oil or liquid natural gas, and for docking and undocking operations of larger ships with limited maneuverability. 

Harbor pilots or the ship’s operator can request extra tug services if and when they have safety concerns. Two harbor pilots were temporarily in charge of navigating the DALI on her exit from the Port of Baltimore.

Two tugboats also initially guided the ship out of the dock and then left the ship when she was safely inside the channel 20 minutes before the collapse. Minutes before hitting one of the bridge supports, the pilot called for tug assist, but it was too late.

The incident raises questions about safety measures for large ships passing under bridges, including whether additional tugboat escorts could prevent such accidents. Some have advocated for new regulations requiring tug escorts, changing protocols for tug escorts or standardizing escort rules across ports.

The rules currently vary depending on the port and state, and there are currently no harmonized tug escort requirements at the U.S. federal level, except in certain safety zones and for certain tankers. This could change. Note that there are no confirmed new regulations requiring towboat escorts for ships leaving the Port of Baltimore as a result of the collapse.

Implementing such new regulations could introduce complications, such as delays and additional costs.  Further insights may emerge from ongoing investigations, including a report from the National Transportation Safety Board, which could address the feasibility and potential benefits of towboat escorts in preventing similar incidents.

Related: FBI boards Singapore-flagged ship “Maersk Saltoro” in Baltimore
Related: US sues owner, operator of Singapore-registered “Dali” for Baltimore bridge crash
Related: NTSB report dismisses bunker fuel as cause of Singapore-registered “Dali” crashing into Baltimore bridge
Related: Baltimore bridge crash: Safety investigation to include contaminated bunker fuel as possible cause
Related: Baltimore bridge collapse: FuelTrust highlights bunkering activities of Singapore-registered “Dali”
Related: MPA: Singapore-registered ship in Baltimore bridge crash passed previous foreign port state inspections

 

Photo credit: Baltimore County Fire Department
Published: 27 September, 2024 

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Winding up

Singapore: Somerset Maritime Pte Ltd to undergo voluntary wind up, selects liquidator

Creditors are required on or before 9 August 2025 to send in their names and addresses with particulars to liquidator at 18 Robinson Road, #20-02 18 Robinson, Singapore 048547.
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July 15, 2025

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calculator steve pb from Pixabay

Singapore-registered Somerset Maritime Pte Ltd and related companies will voluntarily wind up following an Extraordinary General Meeting on 30 June, according to a Government Gazette notice published on Thursday (10 June).

In August 2020, HSBC reportedly arrested two product tankers owned by Somerset Maritime over cargo claims totalling USD 6 million. HSBC filed cargo claims worth USD 3 million against each vessel.

The resolutions set out below were duly passed:

SPECIAL RESOLUTIONS

  • VOLUNTARY WINDING UP

RESOLVED THAT the company be wound up voluntarily pursuant to Section 160(1)(b) of the Insolvency, Restructuring and Dissolution Act 2018 (“IRDA”).

  • POWER OF LIQUIDATOR

RESOLVED THAT the Liquidator be authorised to exercise any of his power given by Section 177 of the IRDA and to distribute to member(s) either in cash or in specie any part or all of the surplus assets of the Company, if any.

ORDINARY RESOLUTION

  • APPOINTMENT OF LIQUIDATOR

RESOLVED THAT Mr Junichi Naganawa be and is hereby appointed Liquidator for the purpose of winding up the affairs of the Company and distributing the assets, if any and that his remuneration be fixed on the usual scale of his professional charges for the work involved.

In another notice, the liquidator of the company said creditors are required on or before 9 August 2025 to send in their names and addresses with particulars (if any) to liquidator at 18 Robinson Road, #20-02 18 Robinson, Singapore 048547.

The liquidator may require creditors or their solicitors to “come in and prove their said debts or claims at such time and place as shall be specified in such notice or in default thereof, they will be excluded from the benefit of any distribution made before such debts are proved.”

 

Photo credit: steve pb from Pixabay
Published: 15 July, 2025

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Incident

India: MSC faces USD 1.1 billion lawsuit from Kerala state over “MSC ELSA 3” bunker spill

Reports noted approximately 84 mt of diesel and 376 mt of fuel oil on board the stricken vessel when it sank carrying 643 boxes.
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July 9, 2025

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MSC Elsa 3 MT

Swiss-based Mediterranean Shipping Company (MSC) is reportedly facing a USD 1.1 billion lawsuit from India’s southern state of Kerala which is seeking compensation over marine fuel leaked from MSC ELSA 3 into the Arabian Sea in May.

The High Court of Kerala on Monday (7 July) ordered authorities to seize containership MSC Akiteta II which was anchored in Vizhinjam Port until securities for the claim amount are deposited.

The 1,700 TEU capacity containership MSC ELSA 3 was sailing from Vizhinjam to Kochi when failure in its ballast management system caused it to sink on 25 May about 13 nautical miles off the coast of Kerala.

Reports noted approximately 84 metric tonnes (mt) of diesel and 376 mt of fuel oil on board the stricken vessel when it sank carrying 643 boxes.

 

Photo credit: Indian Ministry of Defence
Published: 9 July 2025

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Legal

Shell MGO bunker heist: Co-conspirator receives 302-month jail sentence

Abdul Latif Bin Ibrahim and accomplices siphoned over 150,000 mt of gasoil worth at least USD 74 million from Shell Pukom between August 2014 and January 2018.
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July 8, 2025

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A Judge at the High Court of the Republic of Singapore on Monday (7 July) sentenced Abdul Latif Bin Ibrahim, a former Process Technician working at Shell Pulau Bukom, to a jail term of 25 years and two months (302 months), reported the Straits Times.

Latif pleaded guilty to a total of 30 charges – 20 charges under criminal breach of trust and 10 charges under money laundering – while consenting to have 34 remaining charges taken into consideration for the purposes of sentencing.

The 67-year-old male is due to start his prison sentence on 30 September 2025.

Court documents obtained by Singapore bunkering publication Manifold Times showed Latif, with the help of other rogue Shell employees, siphoning over 150,000 metric tonnes (mt) of gasoil valued at least USD 74,469,000 (approximately SGD 100,601,000) from Shell Eastern Petroleum Pte Ltd’s (Shell) Pulau Bukom facility between August 2014 and January 2018.

Latif was arrested on 7 January 2018.

Investigations found him receiving a total of at least about SGD 7 million in criminal benefits between 2014 to 2018, of which he spent these monies on luxury watches, foreign property, cars, amongst others.

Authorities have seized assets worth approximately SGD 7.67 million from Latif; amongst recovered are:

  • One Rolex Daytona (leather strap) watch worth SGD 28,800
  • One Frank Muller watch worth SGD 7,000
  • One Frank Muller watch worth SGD 8,000
  • 03 packs of 1,000 pcs of SGD 1,000 notes worth SGD 3 million
  • 991 pcs of 1,000 pcs of SGD 1,000 notes worth SGD 991,000
  • 400 pcs of 1,000 pcs of SGD 1,000 notes worth SGD 400,000
  • Sales balance proceeds of BMW M5 worth SGD 174,300
  • Sales balance proceeds of Mercedes Benz E43 worth SGD 276,200
  • Sales balance proceeds of Aston Martin DBS Coupe worth SGD 338,200
  • Sale proceeds from property at St Martin’s Dr worth SGD 670,000
  • Sale proceeds from property at Suites@Braddell worth SGD 557,200

Earlier coverage of developments by Manifold Times regarding the Shell MGO bunker heist can be found below:

Related: Shell MGO bunker heist: Man sentenced to jail for hindering police investigations
Related: Shell MGO bunker heist: Bunker clerk gets jail time for helping Sentek acquire misappropriated fuel
Related: Shell MGO bunker heist: Bunker clerk pleads guilty to helping Sentek acquire misappropriated fuel
Related: Shell MGO bunker heist: Ex-Shell employees sentenced to more than 23 years in prison each
Related: Shell MGO bunker heist: Ex-Shell employees plead guilty to multiple offences
Related: Shell MGO bunker heist: Ex-Shell employee receives over 16-year jail sentence
Related: Shell MGO bunker heist: Ex-Intertek Surveyor sentenced to four months’ jail for corruption
Related: Shell MGO bunker heist: Ex-Intertek Surveyor pleads guilty to corruption charge
Related: Shell MGO bunker heist: Shell Process Technician receives 195-month jail sentence
Related: Shell MGO bunker heist: Police seize property, cars, watches from ex-Shell Bukom Process Technician
Related: Shell MGO bunker heist: Ex-Shell blending specialist jailed over USD 956,000 worth of misappropriated gasoil
Related: Shell MGO bunker heist: Former Intertek, Inspectorate surveyors receive fines, jail sentences
Related: Shell MGO bunker heist: Ex-CCIC Singapore surveyor pleads guilty to misconduct, receiving USD 12k in bribes
Related: Shell MGO bunker heist: Ex-Process Technician receives 184-month prison sentence over illicit involvement
Related: Shell MGO bunker heist: Syndicate member’s nephew jailed over concealment of safe containing valuables
Related: Shell MGO bunker heist: 12 former surveyors from Intertek, Inspectorate, CCIC, SGS charged for corruption
Related: Shell MGO bunker heist: Former Shore Loading Officer receives 29-year jail sentence over total 85 charges
Related: Shell MGO bunker heist: Ex-Process Technician received minimum SGD 735,000 in benefits, faces 43 charges
Related: Shell MGO bunker heist: Ex-Shell employee admits leading role in illicit operation
Related: Shell MGO bunker heist: Sentek ex-Director faces 40 fresh charges
Related: Shell MGO bunker heist: Two former Shell employees jailed over theft
Related: Shell MGO bunker heist: High Court affirms ‘Prime South’ forfeiture to Singapore State
Related: Shell MGO bunker heist: Three ex-Shell employees charged with bribing surveyors
Related: Shell MGO bunker heist: Second ex-Shell employee pleads guilty to nine charges
Related: Shell MGO bunker heist: First ex-Shell employee to plead guilty over involvement
Related: Shell MGO bunker heist: Director of Singapore bunkering firm released from police custody
Related: Shell MGO bunker heist: Oil tanker ‘Prime South’ forfeited by State Courts of Singapore
Related: Shell MGO bunker heist: Director of Singapore bunkering firm face charge at State Courts
Related: Shell Singapore oil heist: Third offender pleads guilty for gas oil theft
Related: Captain of “Prime South” jailed in Shell Pulau Bukom gas oil theft
Related: Shell Singapore oil heist: Ex-Chief Officer of Prime South jailed
Related: Singapore: Shell MGO bunker heist amount balloons to USD$142 million
Related: Shell MGO bunker heist update: Fresh charges issued at Singapore court
Related: Shell Singapore oil heist: More charges issued at court
Related: Shell Singapore oil heist: Breakdown of stolen oil cargoes
Related: Intertek Singapore employee among Shell oil heist suspects

 

Photo credit: Manifold Times
Published: 8 July 2025

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