Marine Link
Sunday, May 27, 2018

Rotterdam Court News

Diesel VLCC Maran Aphrodite Changes Destination to New York

Diesel VLCC Maran Aphrodite changes destination to New York.* A 200,000 tonnes diesel cargo onboard the very large crude carrier (VLCC) Maran Aphrodite changed its destination on Friday to New York from the previous port of Rotterdam, according to Reuters ship tracking* The vessel, which traders said was chartered by Total, left Singapore earlier this monthReporting by Ron Bousso

Bomin Takes the Lead Supplying IMO-compliant Marine Fuel

Germany-based Bomin Group has started delivering ultra-low sulphur fuel oil (ULSFO) as a marine fuel to ships calling in the Amsterdam-Rotterdam-Antwerp region, the company said. The ULSFO marine fuel has a maximum 0.1 sulphur content and complies with regulations on designated Emissions Control Areas (ECAs)as well as the International Maritime Organization's (IMO) global sulphur cap in 2020. Coming IMO rules will slash the amount of sulphur emissions that ships worldwide are allowed to burn from 3.5 to 0.5 percent by 2020.

Indian Fishermen Hail US Supreme Court Decision to Hear World Bank Suit

© pjhpix / Adobe Stock

Farmers and fishermen in western India have welcomed a U.S. Supreme Court decision to hear their lawsuit against a World Bank agency, which financed a power plant they blame for damaging the environment and their livelihoods.The U.S. Supreme Court on Monday agreed to hear an appeal by the villagers of a lower court ruling that the International Finance Corp (IFC) was immune from such lawsuits under federal law.The court must now consider for the first time whether international organisations are immune from such suits under federal law…

First European Jail Sentences for Somali Pirates

It has been reported that the five Somali pirates recently tried by the Rotterdam courts for the failed hijack of the Sananyolu, have been sentenced to five years’ imprisonment. This could turn out to be a landmark case, since apparently the crew did not attend to give evidence in person but provided written testimony, and also since the pirates apparently threw their weapons over the side but evidence from the frigate’s crew that they had used them prevailed. The pirates attacked the 3,254 dwt general cargo vessel, a Dutch Antilles flagged ship, in January last year. The pirates were intercepted by a Danish frigate and European warrants for their arrest were subsequently issued by the Netherlands.

Diesel Tankers Turn to New York after Stocks Drop

© GM.Simon / MarineTraffic.com

Tankers carrying diesel from Asia and Europe, including a giant 200,000 tonne cargo, are sailing towards New York where fuel supplies have dropped to a three-year low in recent weeks.The very large crude carrier (VLCC) Maran Aphrodite changed its destination on Friday to New York from its previous port of Rotterdam, according to Reuters ship tracking data.The vessel, which traders said was chartered by Total, left Singapore earlier this month.Several tankers have also been booked to go from Europe and the Baltics to the port of New York, a relatively rare route.

Galveston Pilot Dispute: Round One goes to State Pilots

File Image (CREDIT: AdobeStock / © dbvirago)

Federal Pilots to appeal. Local spat has regional and national implications. The Galveston-Texas City Pilots and the five-member Board of Pilot Commissioners for Galveston County are facing a serious legal challenge from five pilot applicants and their local attorney. In a nutshell, local, federally licensed and similarly qualified pilots want to compete for business in a previously closed space. In Texas, like virtually every other U.S. state, a local group of pilots – so-called…

New Hyundai Container Service Serves Hamburg

The 'Hyundai Forward' is one of ten smaller Panamax container ships in the new AEX service Photo: © HHM/Hasenpusch

The Korean container shipping company Hyundai Merchant Marine (HMM) has started a new, independent Asia-North Europe service in April. The first vessel of the AEX service to call at Eurogate Container Terminal Hamburg on 12 May was ‘Hyundai Forward’ with a capacity of the 4,700 TEU. A total of ten units of these comparatively small Panamax container ships will rotate weekly between Busan (Korea), Shanghai (China), Ningbo (China), Kaohsiung (China), Yantian (China), Singapore, Colombo (Sri Lanka)…

Harvey Gulf Receives Court's Confirmation of Reorganization Plan

Shane Guidry, Harvey Gulf CEO

Harvey Gulf International Marine issues statement on status of Chapter 11 Reorganization. Today, the United States Bankruptcy Court, Southern District of Texas - Houston Division, confirmed the final Plan of Reorganization submitted by Harvey Gulf International Marine. The approval comes just 77 days following Harvey Gulf’s prepackaged filing, considerably faster than all previous Chapter 11 proceedings for vessel operators over the last five years. Following the hearing, Harvey Gulf CEO…

Hamburg Elbe Dredging Plan Needs Improvement

The port of Hamburg, Germany (CREDIT: AdobeStock)

Plans to dredge the river Elbe in Hamburg must be improved before a stop order on the work is lifted, a German court ruled on Thursday, raising the risk of more delay to work to deepen Germany's biggest port and open it up to new container ships. Green pressure groups had lodged a legal complaint against the original plan, arguing the environmental impact of dumping mud and sand on fragile coastal wetlands would be devastating. Following the ruling from Germany's top administrative court that authorities must do more to protect the river's maritime environment…

Fewer Bunkers in Rotterdam in 2016

Photo: The port of Rotterdam

In 2016 the sale of bunker oil - fuel for shipping - in the Rotterdam bunker port diminished from 10.6 million m3 to 10.1 million m3. There is no reason known for this decline. For the first time, ships bunkered a sea-going vessel with LNG, liquefied natural gas, in Rotterdam. Every year, some 11 million m3 of bunker fuel is supplied to vessels in Rotterdam. In Rotterdam, every imaginable fuel can be obtained in huge quantities. The port of Rotterdam is Europe’s largest bunkering port, as well as one of the top three bunkering ports worldwide.

Creditors to Pursue ARA Vessel Arrests as Bankruptcies Escalate

Rotterdam-based law firm AKD says that creditors of ailing shipping groups such as STX Pan Ocean of South Korea, and TMT of Taiwan, could seek to take advantage of prevailing bankruptcy laws to enforce vessel arrests and other attachments in the Amsterdam-Rotterdam-Antwerp (ARA) region. Haco van der Houven van Oordt, a partner with the shipping and offshore team at AKD in Rotterdam, said, “The recent reports of bankruptcies and voluntary liquidation proceedings involving shipping companies have now reached levels which exceed any in recent memory. STX Pan Ocean, South Korea’s largest dry bulk operator, has reportedly obtained bankruptcy…

Containership Sold in Aruba after Bank Arrest

Haco van der Houven van Oordt (Photo: AKD)

Rotterdam-based law firm AKD has completed the sale at auction of the container vessel Caribbean Sea in the courts of Aruba following its arrest by Rabobank for outstanding mortgage debts in excess of $28 million. The entire arrest and auction process was completed in just 20 days. The 2007-built vessel arrived and was arrested in Aruban waters on March 25, 2015 as security against an outstanding debt of $28,398,786, and was sold at auction on April 14. AKD partner Haco van der Houven van Oordt…

Agreement on funding Rotterdam port expansion

The State, the municipality of Rotterdam and Port of Rotterdam have today concluded an agreement on financing for the construction of Maasvlakte 2, the plan to expand the port of Rotterdam. The construction of Maasvlakte 2 will cost EUR 2.575 billion. According to the agreement, the State will take a 33.3 percent interest in Port of Rotterdam as of 1-1-2006. Port of Rotterdam CEO Willem Scholten: "This a an extremely important agreement. The expansion will give businesses the opportunity to grow in Rotterdam. Maasvlakte 2 will be an excellent location. Right on the sea, and with good hinterland connections. Construction can start in 2006 and the first sites will be available for clients in 2010.

AKD: Chapter 11 Protection is Not Enforceable in The Netherlands

Netherlands law firm AKD says that, while beleaguered shipowners may be looking increasingly to Chapter 11 filings in the United States to protect their financial interests, the fact is that Chapter 11 does not enjoy the force of law throughout the world, and certainly not in The Netherlands. Haco van der Houven van Oordt, head of the shipping & offshore team at AKD’s headquarters in Rotterdam, says, “Nobody – and that includes the banks - wants to see shipping companies forced out of business. On the other hand, one cannot expect the banks to forgo the opportunity to ring-fence their losses in cases where they deem this to be the most propitious course of action.

Rotterdam Court Can Order Ship Arrests Throughout the EU

Haco van der Houven van Oordt  (Photo: AKD)

Rotterdam-based law firm AKD says a recent revision of the Brussels I Regulation makes it possible to quickly attach assets anywhere in the EU if parties include in their contracts a choice of forum clause conferring jurisdiction on the Rotterdam court. The Brussels 1 Regulation provides uniform rules throughout the EU on international jurisdiction and the recognition and enforcement of civil and commercial judgments. Bart-Jan van het Kaar, a lawyer with AKD, explains,”The revised Brussels 1 Regulation, which came into effect on January 10, 2015, introduces an important change.

European Court Ups Standards for River Dredging

Photo: Port of Hamburg

The European Court of Justice (ECJ) ruled on Wednesday that damage to water quality must be considered when authorities approve river dredging to expand ports, in a ruling which could hinder expansion at the German ports of Bremen and Hamburg. The European Union's highest tribunal raised hurdles for approval of port dredging projects which could harm marine life, saying more consideration must be given to the potential damage to water quality and marine life. But it did not order…

Landmark ECJ Ruling on Liability Limitation for Cargo Theft

Jos van der Meché

Rotterdam based law firm AKD said a recent landmark decision of the European Court of Justice in Luxembourg definitively puts its weight behind forum shopping to limit liability under the CMR Convention in carrier-friendly countries. This is a boon to the Dutch jurisdiction and specifically comes at the expense of the courts in Germany. The ruling had its origins in a dispute between cargo interests and carriers involving the theft of four consignments of Canon cameras during…

Bunker Suppliers Applaud EU Waste Decision

Recent guidance handed down by the European Court of Justice which rules that off-spec fuel oil does not have to be handled as waste is a triumph of common sense which will be welcomed by all suppliers of fuel oils and bunkers. Shell Nederland and Shell Belgium were disputing a ruling by the Dutch environmental authorities (ILENT) which wanted to force them to handle a parcel of diesel oil rejected by a Belgian client as waste, when in fact Shell intended to up-blend the fuel to specification for selling on. Carel van Lynden, a partner with the shipping and offshore team at AKD in Rotterdam, says, “This is a good decision for bunker suppliers. This case reverses the very strict interpretation which ILENT had placed on off-spec bunkers.

Dutch Yards May Need to Rethink Contract Structures

Rotterdam-based law firm AKD said a recent decision of the Dutch courts means that shipyards in The Netherlands may no longer be able to rely on the right to retain a vessel while awaiting payment for work done. As a result of this unexpected decision, shipyards could be forced to completely rethink their strategy on obtaining security, at a time when money remains tight in the shipping industry. The dispute before the Gelderland Court involved two tankers under construction at the Markerink yard in the Netherlands. Upon completion of building, it was the intention of Rijndec Quality Control to transfer ownership of the vessels to two separate affiliated companies, Rijndec Trading and Rijndec Shipping.

Shipbreaking Case Against Seatrade in Dutch Court

Photo: NGO Shipbreaking Platform

For the first time in Europe, Public Prosecutors are bringing criminal charges against a ship owner – Seatrade – for having sold vessels to scrap yards in countries “where current ship dismantling methods endanger the lives and health of workers and pollute the environment”. The case is being heard in a Rotterdam Court this week, and the Dutch Public Prosecutor calls for a hefty fine (2.35 mill EUR) and confiscation of the profits Seatrade made on the illegal sale of four ships, as well as a six month prison sentence for three of Seatrade’s top executives.

Three Hanjin Ships Auctioned in Rotterdam

Photo: Hanjin Shipping

Three containerships of the bankrupt Korean shipping firm Hanjin Shipping were sold at an auction in Rotterdam for a total of USD 392 million, according to Dutch media fd.nl and Nieuwsblad Transport. The 13,000 TEU ships were auctioned on behalf of creditor HSH Nordbank. The  three vessels in question are Hanjin Europe, Hanjin Africa and Hanjin Harmony, built in 2012 and 2013, respectively. The 4th ship, the Hanjin Gold, is expected to be auctioned off by a Rotterdam court in January 2017.

Lindsay Goldberg Mulls Selling Stake in Odfjell Terminals

Photo: Odjfell

Odfjell SE said it has been informed by Lindsay Goldberg that they are considering a sale of its 49% shareholding in Odfjell Terminals B.V.Lindsay Goldberg has been Odfjell's joint venture partner in Odfjell Terminals's U.S. and European terminals since 2011. In 2013, the partnership was expanded to include Odfjell Terminals's global terminal operations.Odfjell said it continues to consider Odfjell Terminals as core business and emphasized its long term commitment to owning, developing and operating tank terminals.

PDVSA Diverts Crude Tanker from Curacao

©  M.Alberts / MarineTraffic.com

Venezuela's state-run PDVSA ordered a tanker carrying Russian oil that was waiting to discharge at its Curacao terminal to divert to Venezuelan waters after ConocoPhillips introduced an order in a Caribbean court to seize its inventories and other assets in the island, according to a shipper and Reuters data on Tuesday.The Aframax tanker British Cygnet loaded crude at Russia's Primorsk terminal in April. It arrived in Curacao's Bullenbay terminal, operated by PDVSA, on Sunday…

Maritime Reporter Magazine Cover May 2018 - Marine Propulsion Edition

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