Hudson Shipping Lines (HSL) is seeking over a million dollars from an Arabian commodities shipper for allegedly delaying a bulk wheat delivery by many weeks.
The US-based bulker player has filed a lawsuit against Phoenix Global DCMC for $1,257,615 in demurrage and legal fees for the commodity's alleged postponed transfer to and from the 58,000-dwt KN Forest (built 2013).
Nikunj Kumar, a Phoenix Global representative, said that HSL has "intimated a claim" against Phoenix Global.
"That claim is still ongoing, but we are in discussions with Hudson, and hope to resolve the matter amicably shortly," he told TradeWinds in an email.
HSL declined to comment on the case.
"I am not at liberty to comment regarding pending legal matters involving my client without express authorization, which I do not have," HSL lawyer Rob Burger told TradeWinds.
HSL is demanding $245,021 from Phoenix Global for allegedly keeping the ship at the load port in Kavkaz, Russia for 15.3 days beyond a seven-day laycan at $16,000 per day, according to the nine-page suit filed with US' southern Ohio district court.
HSL, a SeaTrade Transport International subsidiary, is also seeking $881,678, alleging that Phoenix Global held the ship at the discharge port in Chittagong, Bangladesh, for 55.1 days past an 18.6-day laycan.
HSL alleges that the ship was kept in Kavkaz from 21 September 2017 to 18 October 2017 and held at Chittagong from 17 November 2017 to 5 February 2018.
The lawsuit was accompanied by exhibits showing, among other things, the bill for the charter and the dates that the ship was allegedly delayed at the load and discharge ports.
HSL, which let out the ship at $8,000 per day paid in full by Phoenix Global, also wants to collect $395,000 in legal fees related to the suit claiming demurrage, court documents show.
HSL alleged in the suit that Phoenix Global has admitted to owing the demurrage and legal fees but has not paid them in more than 30 days since the bulk wheat's unloading in early February.
"Phoenix Global has requested multiple extensions of time to make payment and has effectively conceded that the vast majority, if not the entirety, of the principal demurrage amount is past due and owing to HSL," the suit says.
Phoenix Commodities USA, Phoenix Global's US subsidiary, has been designated as the garnishee, or party responsible for payment.
The case is to be argued and resolved by arbitration in London, in accordance with the rules of the London Maritime Arbitrators Association and with English law to apply.
