The tangled web of legal disputes stemming from a massive container loss in 2020 might finally be getting put in order.
A letter recently filed on behalf of the myriad interests in the case — from non-vessel operating common carriers (NVOCCs) to the owner of the 14,000-teu ONE Apus (built 2019) and cargo interests — indicates that all sides were nearing an agreement, paving the way for settlements.
“The parties have had numerous discussions and conference calls to develop a global framework for settlement,” Timothy Semenoro, Alan Nakazawa and James Brooks wrote in a letter to US District Judge Paul Engelmayer dated on Friday.
“A settlement document is being drafted and the final version is expected to resolve the corresponding open details.”
The trio represent the ONE Apus, registered owner Chidori Ship Holdings and bareboat charterer Jessica Ship Holding in the sprawling legal fight.
They said there was an agreement in principle on nearly all material issues impacting a settlement of claims and related claims not yet in the US, including the use of a single party for claim submissions, a mechanism for dispute resolution, timeline for claim restoration and a single jurisdiction to enforce the settlement.
They said they hoped to agree on a common framework to recommend to their clients, then to resolve any questions and execute a settlement document.
They said the “overwhelming majority of issues have been resolved in principle” and asked the court to extend deadlines for a supplemental status report until 14 April and to keep discovery paused until 5 May.
The ONE Apus lost more than 1,800 containers into the Pacific Ocean while 2,960 km (1,600 nautical miles) north-west of Hawaii during a voyage from Yantian to Long Beach in November 2020.
The loss touched off a flurry of lawsuits, primarily in the Southern District of New York federal court.
They firstly consisted of lawsuits from cargo owners against NVOCCs and logistics providers and another group from NVOCCs against interests of the ONE Apus, including manager NYK Shipmanagement, parent NYK Line and operator Ocean Network Express (ONE).
Lawsuits have also been filed against ONE’s alliance partners Yang Ming Marine Transport, Hapag-Lloyd and HMM.
