Asia/Pacific News
Skuld Cautions Shipowners on Liability for Charterers' Debt
Ship owners should use caution to avoid being held responsible for unpaid debts of charters buying bunkers for their ships, marine insurer Skuld warns.
Recent decisions by Korean and Indian courts found that South Spirit SA, owner of the vessel M.V. Flag Mersinidi, was not liable for debts related to the purchase of fuel by a charterer.
The plaintiff, South Korea-based Georim Oil Corp., has been seeking $3.1 million, reflecting the cost of bunkers purchased in Tianjin, China, plus $20,000 in court costs and had obtained an order for the arrest of the ship, according to court documents.
Skuld noted that a key to the owner's successful case was that the ship's master endorsed the bunker delivery receipt to say the bunkers were being accepted on behalf of the charterers, and not the owner or the master.
The insurer provided an example of language for masters or chief officers signing for the receipt of bunkers to use:
"The bunkers, receipt of which are hereby acknowledged, are accepted solely for the account of charterers of m/v [...] and not for the account of said vessel or her owners and accordingly no lien or other claim against said vessel or her owners can arise here from."
Skuld said efforts to hold ship owners responsible for charterers' unpaid debts have been a problem since the start of the shipping crisis.
