I have looked through the old discussions on the subject and noticed that more than 2 years passed after the last one:(
http://www.bunkerworld.com/news/i74902/Shipowners_at_risk_from_charters_unpaid_bunker_bills#discussion)
But the matter is still urgent for those involved in bunker trading and physical supply, perhaps you can help me to understand the procedure:
- the buyer, whether the owner or charterer, fails to pay supplier's invoice. Supplier is going to appeal to the court for vessel arrest - assume, the delivery was governed by English law - will it be the London's High Court who considers the case and issues the arrest order?
Besides, we all understand that most shipping companies purchase bunkers "as-agents-to-owners" or simply hire the ship on time-charter from the "one ship" company. Is that the case that the court under the English jurisdiction will allow the "one-ship" Owner to post security for vessel's release and after, at a trial, the "owner" will proove that the bunkers were ordered by the time-charterers and thus win the case? In this event the supplier or trader who sold to such an owner" becomes finally desperate - he will not get the money back and perhaps will have to pay "owners" legal expenses...
I also heard that the court under the U.S. jurisdiction does not care whether it was an Owner or Time-Charterer who purchased the fuel - the Owner still remains responsible and looses in the event of a trial. Is that true and does it work?
Than, if the supplier got an arrest order from the court under the English or American jurisdiction - which one is better for the supplier to apply his lien right? I mean is there more port states favouring orders of the English or the U.S. courts?
Any thoughts would be helpful
Thank you