Maersk sues Glencore over bad bunkers February 9, 2021, by Jasmina Ovcina
Danish logistics giant Maersk has filed a lawsuit against commodity trader Glencore Ltd over contaminated bunker fuel supplied to two of its containerships.
Based on the court documents filed on Friday, February 5, with the New York District Court, Maersk is seeking compensation worth $6 million for the damages its two vessels suffered in 2018 due to bad bunkers.
The containerships involved are reportedly Maersk Sofia and Maersk Aras which received the fuel in February 2018, in Panama.
Maersk Sofia allegedly suffered a total engine failure, while Maersk Aras suffered pump damage.
Offshore Energy-Green Marine has reached out to Maersk for a comment on the lawsuit and is yet to receive a statement.
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Introduction
In the ongoing dispute between Ecuador and US energy multinational Chevron Corporation, The Hague District Court was again called upon to consider whether an award issued pursuant to the US-Ecuador bilateral investment treaty could be set aside. In 2006 and 2013 Ecuador had also attempted to set aside US-Ecuador investment treaty awards. Both proceedings were conducted up to the Supreme Court and resulted in the awards being upheld.(1)
At first glance, the award rendered is quite remarkable as the tribunal did not award any damages. Instead, it ordered Ecuador to immediately suspend the enforceability of a fraudulent national judgment. An award of remedies other than monetary damages, although permitted, is unusual in investment arbitration, to the extent that questions have arisen as to whether it is actually possible.