Clarity on shipowners’ bunker payment obligations?

Mike Burns, of Weightmans LLP, considers the recent rulings following the OW Bunker collapse late last year

The collapse of the OW Bunker group of companies (OWB) in late 2014 has seen a maritime skirmish of ship owners facing competing demands for settlement of unpaid bunker supply invoices from various quarters including the receiver/liquidator of OWB seeking to recover OWB book debts, the physical bunker suppliers (which sold bunkers to OWB but, given the poor prospects of recovery against OWB in any liquidation, have turned their attention to shipowners and their vessels) and also from ING Bank (ING) as the asserted assignee of OWB’s debts. The issue of which party to pay and the “double jeopardy” risk of being forced to pay more than one party has led to litigation worldwide in which shipowners have sought clarity as to where their payment obligations lie.