A Greek shipowner is looking to preempt a vessel arrest in a dispute with a bunker provider.
Nikomarin Shipping, the registered owner of the 82,600-dwt Nikomarin (built 2007), filed a lawsuit in the US federal court for the Southern District of New York, asking the court to rule Estonia’s Arte Bunkering does not have a lien on the bulker.
The company said Bostomar Ltd had the ship on charter when Bostomar Shipping contracted with Arte to provide fuel that was ultimately delivered by Consort Bunkers. Nikomarin Shipping said it was not involved in the transaction.
“Neither [the Nikomarin nor Nikomarin Shipping], had knowledge of the contractual relationship, activities or terms and conditions of Consort and were not in contractual privity with Consort,” the shipowner said in the complaint filed on 22 September.
The fuel was delivered in February 2021, and the Nikomarin’s chief engineer provided a letter of protest and informed Consort, which brought the fuel on one of its barges, of its protest verbally.
Nikomarin Shipping said the Anosis Maritime-managed ship is due to arrive in the US shortly and that Arte said it would arrest the ship upon arrival.
According to tracking data, the Nikomarin’s last broadcast was 21 September, when it was at anchor in Busan.
“[Nikomarin Shipping] has previously offered to post a reasonable amount of security to secure Arte’s claims and to submit this dispute to a mutually agreeable forum,” the shipowner said in the complaint.
“However, Arte has refused to allow [Nikomarin Shipping] to avoid the arrest of its vessel and the resulting damages that arrest would cause.”
Arte did not immediately respond to a request for comment.
