A global legal battle between Hanwin Shipping and Transatlantica Commodities has landed in yet another jurisdiction.
After a series of lawsuits filed across the US, one in Panama and arbitration commenced in London, Hanwin filed a new case against Transatlantica of Singapore on Friday in the US federal court for Massachusetts.
The latest case seeks to arrest bunkers aboard the 40,256-dwt bulker TAC Imola (built 2021) to cover a $4m bill related to a cargo fire in November 2021.
The Chinese operator has alleged that Transatlantica, which chartered the TAC Imola to Hanwin for a voyage from Shanghai to Baltimore, failed to load a cargo of plywood properly, which led to a fire. Hanwin alleged that the blaze caused a three-month diversion to South Korea, another to the port of Newark and a third to a port in upstate New York near Albany.
The additional calls, with the last two to unload some of the undamaged cargo, caused additional costs.
Hanwin’s lawsuit was the first since it commenced arbitration on 22 April.
But Transatlantica has filed lawsuits in the US federal courts for the Southern District of Texas, Maryland and New Jersey, as well as one in Panama, all to obtain security for its claims in arbitration.
According to court papers, Hanwin paid $800,000 in security to Transatlantica following the diversion to South Korea, though the two sides disputed the cause of the fire.
Transatlantica has seized Hanwin deposits in Maryland and Texas and bunkers in New Jersey and Panama, but its attorneys said it needs $2.8m more to obtain enough security to cover its claims.
In the dispute in Massachusetts, Transatlantica has argued that Hanwin’s claims should be dismissed as it should have filed countersuits in the ongoing lawsuits.
“Hanwin’s complaint — and motion for writ — is not an original complaint; it is a counterclaim, to the three complaints Transatlantica already has brought against Hanwin and in two of which, Hanwin has filed appearances,” Transatlantica’s lawyers said.
Transatlantica is represented by Samuel Blatchley of Eckland & Blando of Boston and Stephen Simms of Simms Showers in Baltimore in the Massachusetts lawsuit.
Hanwin is being represented by Christopher McNally of Sayer Regan & Thayer of Rhode Island and Todd Lochner of the Lochner Law Firm of Maryland.
