This is a legacy page. Please click here to view the latest version.
Mon 4 Jun 2018, 09:57 GMT

OW Bunker ruling threatens uncertainty for 'hundreds' of cases: ING


ING files petition for rehearing, arguing that Florida law has been applied at the expense of maritime law.


Image credit: Pixabay
ING Bank has filed a petition for rehearing following the recent decision by the United States Court of Appeals to uphold a judgment made by a court in the Northern District of Florida, which ruled that physical supplier Martin Energy Services LLC should receive $286,200 plus interest for the supply of 300 metric tonnes of marine fuel to the vessel Bravante VIII in a deal involving the now-defunct business OW Bunker.

As previously reported, ING - as the lead participant in a syndicate that provided working capital for OW Bunker entities prior to their collapse - had appealed the district court's initial judgment that OW Bunker should receive $3,900, which was effectively the sales margin that the firm would have recorded as a back-to-back trader in the $290,100 direct deal it had with the buyer.

ING had asserted that the court had erred by awarding Martin the aforementioned payout for supplying the fuel, arguing that the bunkering certificate did not give rise to a contract between Martin and buyer Boldini; that there had been no direct contact between both companies; and that the vessel that received the fuel had already left the jurisdiction of the court, so it could not adjudicate in rem lien rights against the Bravante VIII.

And in its petition for rehearing, ING argued that the decision to allow the supplier to recover in quantum meruit - i.e. based on the reasonable value of services provided - meant that Florida law was being applied at the expense of "the uniformity of admiralty law".

ING asked the court if a rehearing should be granted in order to "prevent this decision from undermining the principle of uniformity in federal maritime law".

The financial services firm went on to suggest that "this conflict threatens uncertainty around hundreds of litigations arising from the OW Bunker collapse in November 2014 that have proceeded worldwide".

Barcliff, LLC v. M/V Deep Blue

ING also referred to the OW Bunker-related case Barcliff, LLC v. M/V Deep Blue, where a court decreed that Radcliff did not possess a maritime lien for the bunker stem it delivered to the Deep Blue in November 2014, and that ING did have a maritime lien by virtue of OW Bunkers UK's assignment of that right in the Security Agreement.

"It is unfortunate that Radcliff supplied the fuel and was not paid. But by entering into a contractual relationship exclusively with O.W. USA, Radcliff became O.W. USA's creditor. It is assuredly not the only one. O.W. USA's other creditors are doubtless vying for repayment in bankruptcy court. Rather than pursue its claim there, Radcliff elected to go after Technip for the full amount by asserting a lien on the Deep Blue, even though Technip purchased the fuel from O.W. UK and was contractually obligated to pay O.W. UK for it. It was Radcliff's right to gamble, but its choice should elicit no sympathy," ING said.

ING noted that, just like Radcliff in the Barcliff case, Martin "effectively ignored its contractual claim against OWBUSA, and gambled on obtaining the full amount of its claim by asserting a quantum meruit claim against the vessel owner." But unlike Barcliff, Martin won its case.

Triple liability

In its petition for rehearing, ING suggests the decision to grant Martin $286,200 had created a scenario where a vessel and its owner could be subjected to triple liability - once in rem, for failure to pay its counterparty, subjecting the vessel to a statutory maritime lien claim, and twice in personam - once to the physical supplier under principles of Florida law where that law applies, and once to ING (as assignee of the applicable OWB entity) under English contract law for the invoice amount.

ING is requesting that the court grants a rehearing; reverses the district court's judgment; finds that Martin has no legal claim to the funds; and orders disbursement of the funds to ING.


Chang Ping Yuan vessel. Cosco Shipping names 88,000-cbm VLGC Chang Ping Yuan with dual-fuel LPG propulsion  

Owner claims 20% CO₂ reduction and Panama Canal compatibility across both lock systems.

World Fuel logo. World Fuel seeks senior marine fuels sales executive in London  

Position requires minimum of 10 years' experience in marine fuels, marine energy, or shipping.

Amogy and LOTTE Fine Chemical MoU signing. Amogy and LOTTE Fine Chemical sign MoU to advance ammonia solutions in South Korea  

Partnership structured around ammonia bunkering, hydrogen refuelling infrastructure, and distributed ammonia-to-power generation.

WinGD X72DF-ME engine render. WinGD wins order for dual-fuel alcohol engines for Polaris Shipping Newcastlemax fleet  

Four-engine order giving shipowner methanol and ethanol fuel flexibility.

Trelleborg Marine and Infrastructure logo. Trelleborg and Simwave launch LNG transfer equipment training programme at Gastech 2026  

New e-learning programme aims to close crew competency gaps as LNG bunkering grows and alternative fuels enter service.

Toho Emerald vessel. K Line names dual-fuel LNG carrier Toho Emerald at Samsung Heavy Industries yard  

174,000-cbm vessel, built for a joint venture with Toho Gas, is due for delivery next month.

Fujin Sailor vessel. MOL names world’s first LNG carrier fitted with wind-assisted propulsion for Chevron charter  

Fujin Sailor is also the first vessel of any type to carry two Wind Challenger units.

Steve Esau, Sea-LNG. SEA-LNG urges EU to protect mass-balance pathway for liquefied biomethane  

Industry coalition warns regulatory missteps could undermine LBM's rapid growth in maritime.

Luxomar delivery ceremony. ESL Shipping completes Green Coaster fleet with delivery of twelfth vessel Luxomar  

Baltic dry bulk carrier has finalised a twelve-vessel plug-in hybrid coaster programme built in India.

Hybrid ro-ro vessel render. Compagnie Maritime Nantaise orders hybrid ro-ro vessel for European space cargo runs  

French shipping company commissions wind-assisted vessel with biofuel capability to serve growing European space industry.


↑  Back to Top