CLAIM AGAINST A SHIPOWNER FOR UNPAID BUNKERS ON THE TIME CHARTER
As advised in our previous article, back in March ’25, M&M has represented a shipowner in two subsequent ship arrests against the same vessel for unpaid bunkers invoices issued to the time charterer, who went bankrupt.
We recall that Valencia Court of Appeal resolutions (both definite and binding), concluded the wrongfulness of the ship arrest on a claim against the shipowner for unpaid bunkers ordered by the time charterer.
Following the arrest proceedings, Claimants pursued the claim on the merits against the shipowner. The claim has been recently dismissed by the First Instance Court of Valencia. Reasoning can be summarized as follows:
- The shipowner is not joint and severally liable for the payment of bunkers directly ordered by the time charterer, without any involvement of the shipowner.
- Such joint and several liability cannot be inferred from the signature of the Bunker Delivery Note (BDN) by the Master, as it is a requirement under the MARPOL Convention. BDN’s only purpose is to certify the delivery of the bunkers onboard and compliance with applicable environmental obligations. It does not have any contractual effects nor binds the shipowner for the payment of the bunkers supplied.
- It expressly rejects the claimant’s argument that there exists a recognized usage of international maritime trade whereby a shipowner automatically becomes jointly and severally liable for payment of bunkers ordered by a charterer, if no Bunker Pre-order Non-Lien Notice has been issued.
This last judgment is not yet final and remains subject to appeal. Shall keep you informed about the outcome.
Muñoz & Montañés, law firm specialized in maritime law, transport and international trade, with offices in Valencia and Bilbao, providing services throughout Spain.