Pacific Gulf Shipping is accusing the American Club of circling the wagons around its chairman in order to keep the Danish company from collecting a $22.6m arbitration award won in a ship abandonment case.
In papers filed in Brooklyn federal court last week, Pacific Gulf alleged the protection and indemnity club was taking "an active role" in its legal fight against chairman George Gourdomichalis, whose 52,500-dwt Vigorous (built 2005) was seized in Oregon last month in an attempt to persuade him to pay up.
"Since at least 2004, George Gourdomichalis has served on the board of directors for the American Club and he is currently the chairman of the board of directors," the filing reads.
"[The American Club's actions are] to the advantage of no one but its chairman of the board and the detriment of every other party involved."
The American Club did not return a request for comment.
Abandoned ship
The battle stems from the 2015 abandonment of the now scrapped, 73,500-dwt bulker Adamastos (built 1995) off the coast of Brazil.
In December, Pacific Gulf sued a slew of companies connected to Gourdomichalis and his brother, Stathis, in Portland federal court, winning the attachment of the Vigorous. The case's targets included Greece's Phoenix Shipping & Trading and Blue Wall Shipping.
The duo has since fought to throw out the attachment order. Just before the new year, the American Club moved in Brooklyn to quash a subpoena demanding documents related to insurance for the Vigorous and Adamastos in the Portland suit, arguing the request was overbroad and the documents contain confidential information.
Wednesday, the Brooklyn judge approved the motion to quash on grounds Pacific Gulf was not authorized to issue the subpoena. The company has since asked the court in Portland for the authority to do so.
Crew's call for help
The Adamastos was detained while loading soybeans destined for China after Brazilian authorities found a number of deficiencies. The next day, the ship broke loose from its moorings. After being towed offshore, the crew were stuck on the ship for six months and garnered attention after setting the current port on the AIS to read "WELCOM [sic] TO HELL".
Pacific Gulf eventually won the eight-figure award in London against Adamastos Shipping & Trading. They argue that the company is dominated by the Gourdomichalis brothers and that they can seize the Vigorous to make them pay.
Attorneys for Adamastos have argued in Portland that Pacific Gulf merely described a typical shipping business, rather than the "alter ego" of either Blue Wall or Phoenix, claiming that should not be enough to seize the ship.
The judge allowed more time for Pacific Gulf to prove its claims.
This article has been amended since publication to reflect the status of the case in Brooklyn.
