A Fujian Ocean Shipping has taken ING to court, alleging the Dutch bank wrongfully arrested one of its ships as it scrambled to collect on its OW Bunker claims.
Zheng Yao Shipping Group, the registered owner of the 81,716-dwt bulker Zheng Yao (built 2014), filed suit in New Orleans federal court Tuesday, looking to recoup more than $1m in damages after a 2016 lawsuit had the ship arrested and held in Louisiana for two and a half months.
ING first sued in early January 2016, looking to collect on fuel bills owed to it by the bulker's manager, Fujian Ocean, after OW Bunker's bankruptcy two years prior left ING with claims on OW's outstanding bills.
The bank alleged Fujian and Zheng Yao had an alter ego relationship. The ship was arrested three days later and freed 1 February after Zheng Yao posted $1.67m in security.
The ship, however, was not permitted to leave Southwest Pass, Louisiana, until 16 March due to a seasonal change in draught and only after lightering, the complaint said.
That July, the bulker's arrest was vacated after being consolidated and moved to Manhattan federal court.
The judge's order dismissed the alter ego claims, maintaining that Fujian and Zheng Yao are clearly "close corporate affiliates" but that the evidence did not prove domination or co-mingling of funds.
ING did not immediately return requests for comment.
Attorneys from New Orleans-based Patrick Miller and Holland & Knight's James Power and Marie Larsen are representing Zhang Yao.
