Having a ‘no lien’ stamp printed on a bunker delivery note (BDN) by itself does not protect the owners as it is ‘too late’ for any legal effect in the event of the buyer’s insolvency, says the Senior Partner at Singapore-based law firm JosephtanJudeBenny (JTJB).
Danny Chua was responding to a delegate question at IBIA Annual Convention 2017 which enquired of the payment due to a bunker supplier in the event the charterer [buyer] becoming liquidated.
The scenario revolved around bunkers being purchased by the charterer and delivered a few days later, with the vessel stamping ‘no lien’ on the BDN on behalf of the vessel owner.
‘The legal effect of a no lien stamp frankly comes too late after the contract because at the time the contract is made it will probably be through the exchange of emails and the final fixture,’ Chua explained.
‘That will be the point at which the contract will have a reason [to exist] and by the time this stamp is placed, possibly by the Chief Engineer on board, it will have come way too late from the day the contract is made.’
In any case assuming the insolvent bunker buyers are time charterers of the vessel, the vessel itself will also not be liable for bunker claims, notes Chua.
‘Bunker suppliers can only go after the insolvent time charterers but not against the end purchasers unless in jurisdictions that allow a maritime lien on supplies which is not the case here in Singapore, Malaysia, Hong Kong and the UK,’ he says.
Chua specialises in Shipping & Admiralty Law and was involved in the (Precious Shipping Public Co Ltd and others v. OW Bunker Far East (Singapore) Pte Ltd and others and other matters  4 SLR 1229) case.
Top three positive movers in 2021 were Hong Lam Fuels Pte Ltd (+14); Sirius Marine Pte Ltd (+12); and TFG Marine (+11); according to the latest data from the Maritime and Port Authority of Singapore.
Webinar will offer delegates insights on the prevention of operational issues when using VLSFOs, along with an update on biofuels and bunker fuel quality trends for 2021 and its forecast for the current year.
Heating VLSFOs to prevent cold flow issues causes issues related to distillate ageing, and there is a gentle balance to be maintained when handling the product.
Research into n-paraffin distribution of VLSFOs has shown that they not only differ from MGO, but significantly differ from each other as well, states bulletin.
Bunker Holding and Dan-Bunkering have decided not to appeal the city court ruling in the case where the companies were on trial for breaching EU sanctions against Syria, states USTC.
Poll shows market participants think Singapore’s future as a bunkering hub in the near term will be impacted most by growth in alternative bunker fuels and intensifying competition from other ports in Asia.