Bankrupt Bed Bath & Beyond Seeks $15M in Damages from Yang Ming in FMC Case

Bankrupt retailer Bed Bath & Beyond continues to cite the shipping industry and its business practices during the pandemic as contributing to the demise of its operations earlier this year. In its latest move, the company filed a complaint with the Federal Maritime Commission seeking reparations totaling more than $15 million from Yang Ming for denial of service, premium fees, and detention and demurrage charges incurred in 2021 and 2022.

The filing with the FMC on September 12 is the latest in a series of legal moves by the bankrupt company attempting to seek restitution which would contribute to the bankruptcy settlements. In April, the company also filed a complaint with the FMC against Orient Overseas Container Line (OOCL) and OOCL (Europe) alleging that the carrier had “coerced,” “exploited” with price inflation in container shipping, and “deliberately” denied space to the retailer resulting in $25 million in excess costs as well as an additional approximately $6.4 million in D&D fees it contends resulted by OOCL’s business practices between 2020 and 2022.

Yang Ming took a preemptive step in April 2023 filing a complaint in the Southern District of New York, Federal Court. They sought to block Bed Bath & Beyond’s claims of $7.8 million in actual costs due to the issues cited with the service provided and fees imposed by the carrier. A week after the filing, the retailer informed the court of its voluntary bankruptcy petition and in June the court issued an automatic stay of “the commencement or continuation” of a judicial action based on the bankruptcy. The court case could proceed if Bed Bath and Beyond resolves the bankruptcy.

In its filing to the FMC, the former retailer cites many of the same issues as before, contending that “Yang Ming took advantage of price inflation in the container shipping sector and unfairly exploited its customers.” They allege that the carrier “engaged in a practice of systematically failing to meet its service commitments,” resulting in enormous expense to Bed Bath and Beyond, and then filed a “retaliatory declaratory judgment complaint,” in the U.S. District Court. Like the complaint against OOCL, they allege that Yang Ming flouted its service commitments, engaged in a practice of coercing the shipper, charged unreasonable D&D fees when it was not possible to return containers, and refused to negotiate.

At issue is an annual service contract that began on May 1, 2021, for the transport of 1,000 FEUs. They allege the carrier provided no space during the first month of the contract and when confronted admitted that it had over-committed to its customers. During the 12-month period, they report Yang Ming carried just 149 FEUs, 85 percent below the commitment resulting in more than $6.6 million in damages as the retailer sought other space for its containers. They further contend that Yang Ming coerced them into paying nearly $300,000 in surcharges, and charged nearly $750,000 in D&D fees, and refused refunds on the fees.

Citing a total of nearly $7.7 million in costs, Bed Bath & Beyond in the filing seeks an award of reparations. Under FMC rules they are seeking that the amount be doubled based on a conscious pattern which constitutes violations of the Shipping Act.

The complaint highlights that this is one of numerous similar complaints now before the FMC each citing denial of service. Many shippers have alleged that the carriers during the surge in shipments and capacity constraints failed to honor service contracts. Each of the complaints contends that carriers instead put the contracted space into the spot market where they could realize dramatically higher prices. Several service complaints have been settled under confidential terms while most of them remain in front of the FMC.

DNV: Shipping Must Look Beyond Fuel as 2020s is Critical in Decarbonization

The current decade is a critical one for the shipping industry on its course to net zero, but in its latest outlook report, DNV concludes the progress is slow and the industry faces significant challenges. In their new iteration of the Maritime Forecast to 2050, DNV outlines challenges including costs, an expected shortage of low-carbon fuels, a lack of infrastructure, and the need to share the investment to develop new technologies.

“The 2020s is proving to be the decisive decade for the decarbonization of shipping,” writes DNV pointing to the emergence of the latest regulations from the European Union and the International Maritime Organization’s revised goals. “Focusing on fuel alone can distract us from making an impact this decade, and ambitious future declarations are not good enough. What we need is tangible actions that will reduce emissions,” said Knut Ørbeck-Nilssen, CEO of DNV Maritime.

DNV points out that the large-scale transition to new fuels is underway. As an example, the report cites that half the orders tonnage will now be capable of using LNG, LPG, or methanol-dual fuel engines. This compares they said with a third of the orders last year. Further, 6.5 percent of the tonnage in operation can now operate on alternative fuels, up from 5.5 percent a year ago.

While those numbers are seen as a signal that the industry has begun to move, DNV compares the speed of the change to that of a supertanker coming about. They highlight that overall, only 0.1 percent of the fuel used by merchant shipping is biofuels currently.

They warn the clock is ticking louder for the efforts to identify, define, and resolve barriers to successfully and safely decarbonize. However, they recognize that decarbonization will increase costs for individual shipowners for technology, fuels, and carbon pricing, which will all impact the commercial attractiveness and long-term profitability of the operations. Careful consideration they say will be required to avoid unattractive or stranded assets.

DNV believes that a dependence on low-carbon alternative fuels alone with not be enough highlighting that the shipping industry will face competition from aviation and road transportation in particular as well as other industrial users that are also considered to be hard to decarbonize. The report calculates by 2030 the shipping industry would require 17 million tonnes of carbon-neutral fuels. That would represent 30 to 40 percent of the expected available production.

The report reiterates basic measures that should be implemented to achieve immediate fuel savings. Among the energy-efficiency measures they highlight are speed reduction, route optimization, and hull and propeller cleaning. They also point to smart and digital technologies. Still, they also point to an urgent need for low-emission technologies.

DNV selected six technologies that are increasingly drawing attention and adoption in the industry examining them and developing scenarios. The ones they focused on are solid oxide fuel cells, liquified hydrogen, wind-assisted propulsion, and air lubrication systems to reduce hull drag.

The other technologies they looked at are longer-term including onboard carbon, which DNV remains skeptical of despite progress on various tests. They however did find onboard carbon capture can be operationally feasible in their scenario for a large container vessel. Still, they highlight the lack of the infrastructure to handle CO2 captured aboard ships. They also look at the potential of expanding nuclear propulsion from military applications into the commercial industry. They report there would be a “long road to travel before nuclear can be scaled.”

They conclude that the maritime industry needs to adopt an integrated approach that incorporates the evolution of regulations, fuel supply, and technologies. DNV believes the cost of decarbonization must be carried through the maritime value chain and points to mechanisms such as green corridors as providing support during this critical decade.

The complete report is available online.

Turkish Cargo Ship Rescues MSC Officer 20 Hours After Going Overboard

Turkey’s General Directorate of Maritime Affairs is highlighting that a Turkish cargo ship completed a miraculous rescue of a seafarer who had been adrift in the Black Sea for up to 20 hours. The video of the recovery of the officer who fell from an MSC containership is being broadly circulated in the Turkish media.

The MSC containership MSC Nadriely (33,977 dwt) registered in Liberia departed Poti Port, Georgia on August 28 and was sailing along the northern coast of Turkey bound for Istanbul. The ship which is 682 feet long carries 2,468 TEU.

According to the media reports the “second captain” of the vessel, a Ukrainian, was discovered missing on August 30. After a search of the vessel could not locate the officer, being referred to in other articles as the first mate, the containership turned around to retrace its route. They also notified the Turkish officials. Rescue boats and Coast Guard aircraft were dispatched and an alert was issued for other ships.

 

 

A Turkish-owned cargo ship, the Moonlight (6,648 dwt), registered in Panama, had departed Kalamaki, Greece, and was heading to Poti Port, due to arrive on September 1. On August 31, the cargo ship came upon the officer in the water and was able to rescue him approximately 20 hours after he was reported missing. A map issued by the Turkish authorities appears to show a distance between the two points of as much as 50 miles.

Pictures of the rescue show the man to be conscious on the deck of the cargo ship. He was transferred to a Turkish hospital, where he is reported to be recovering.

 

PUBLISHED SEP 1, 2023 3:28 PM BY THE MARITIME EXECUTIVE

China Designs World’s Largest LNG Carrier

PUBLISHED SEP 5, 2023 4:35 PM BY THE MARITIME EXECUTIVE

China’s Hudong-Zhonghua Shipbuilding is presenting a new design concept for the world’s largest LNG carrier, created both to increase capacity as well as enhance operating efficiency. The design, which received Approval in Principle (AiP) from many of the leading class societies, comes as LNG transport is in high demand and producers such as Qatar and the U.S. are undertaking major expansions.

Qatar is adding its North Field to increase production which is also contributing to the record orderbook for new carriers. In the United States, several new export terminals are planned for the Gulf Coast. In addition, other U.S. facilities are expanding output to meet the growing import demand both from China and Europe.

The largest LNG carriers are Qatar’s Q-Max vessels which have a capacity of 266,000 cbm. Most of the vessels being built today are the conventional LNG carrier which has a capacity of 174,000 cbm. These have been viewed to be the most economical and versatile to operate and with the most effective gas containment and management systems.

The new design will expand LNG capacity by 57 percent over the conventional design with a capacity of 271,000 cbm. The vessels at 1,128 feet would be the same length as Qatar’s current largest ships. The American Bureau of Shipping, which was one of the class societies reviewing the design highlights that the vessel, which would have a 176-foot beam (molded) and 39-foot draft would be able to berth at 70 LNG terminals along the main trade routes.

The design was developed in part in a joint development project with DNV. The shipyard is reporting that in addition to ABS and DNV, it is also receiving AiPs from Lloyd’s Register and Bureau Veritas. They are promoting the receipt of the design approvals saying that it demonstrates that Hudong-Zhonghua can build innovative LNG vessels expanding on the 50 that they report are currently on order. Historically, the South Korean yards, which have 70 percent of the current orders for LNG carriers, have dominated this segment of shipbuilding.

To handle the LNG, the new vessel would transport the gas in five tanks. The newly designed tank would also be equipped with an enhanced cargo containment system together with a real-time sloshing monitoring system.

The vessel’s design also incorporates other elements not normally found on LNG carriers. ABS highlights a hull stress monitoring system and anti-collision technology. Other features that DNV is highlighting include air lubrication for the hull and a shaft generator. The design also incorporates selective catalytic reduction (SCR) that should reduce its nitrogen oxide (NOx) emissions, which will help the vessel comply with IMO Tier III controls even when in diesel mode.

Hudong-Zhonghua reports the ships will be dual-fuel to address emissions concerns. With a goal of creating a ship that is more efficient and economical, they are saying the new Global Max 271k type will have a 23 percent lower carbon intensity index (CII) than the conventional 174K LNG carrier widely deployed in the industry today.

The design will now undergo additional design and analysis work. Then the shipbuilder plans to present it to shipowners as a new option for LNG transport.

Evaluating the Effectiveness of IMO’s Commitments to Net-Zero Emissions

The International Maritime Organization’s (IMO) recent deliberations at the MEPC80 highlighted both the opportunities and challenges confronting the shipping industry as it charts a course towards decarbonization. While the commitments made are a positive step, they fall short of the urgent action needed to effectively mitigate climate change. Many industry stakeholders are calling for stronger, faster action to exceed the IMO’s baseline commitments, with ports and technological innovation emerging as key drivers in achieving this.

The IMO’s revised greenhouse gas (GHG) strategy, agreed upon at MEPC80, has set the goal for net-zero emissions by around 2050, with intermediate targets for 2030 and 2040. However, some stakeholders question the organization’s pace and the efficacy of its proposed measures. Countries such as China, Brazil, and Argentina have resisted more ambitious actions like a carbon levy, contributing to a perceived lag in the IMO’s responsiveness to the urgency of the climate crisis.

Consequently, industry players are adopting more aggressive emission reduction goals independently. In this climate, ports are being recognized as crucial change agents, providing the necessary bridge between policy and practice. Ports like Rotterdam exemplify this proactive stance, demonstrating how collaboration, data-sharing, and a commitment to efficiency and competitiveness can catalyze progress towards decarbonization.

To this end, PortXchange has emerged as a key partner for ports seeking to accelerate their emission reduction strategies. Its innovative software solution, EmissionInsider, has been effectively utilized in the Port of Rotterdam*, Europe’s largest seaport. This tool simplifies and automates transport-related emission data collection and establishes a customized baseline emissions inventory for each port.

Through EmissionInsider, Rotterdam has successfully established a comprehensive emissions profile and made significant strides towards achieving its decarbonization targets. This practical demonstration of technology supporting emission reduction offers a compelling template for other ports worldwide, regardless of IMO decisions.

PortXchange EmissionInsider provides port authorities with data to make strategic decisions on targeted decarbonization strategies. Such decisions can include adopting mechanisms and incentives that encourage and promote sustainable shipping practices, such as speed optimization, which can significantly reduce emissions.

The shipping industry’s path towards decarbonization is increasingly reliant on digitalization. As demonstrated by PortXchange, collaborative, technology-driven solutions can help the industry surpass the IMO’s emission reduction goals. The rapid uptake and implementation of such solutions will be crucial in driving the industry’s transition towards a sustainable future.

While the post-MEPC80 landscape brings its share of challenges, it also opens doors for greater collaboration and innovation, but only if they recognize the parts that must play in meeting their targets. By harnessing the power of technology and committing to robust decarbonization strategies, the shipping industry can effectively navigate these uncharted waters.

© Copyright - 高甲實業有限公司
- design by Morcept