Increased OW Bunker arrest claims in Australia - foreign maritime liens

Earlier this month, we reported on a breaking Australian judgment in the " Sam Hawk" which, for the first time in Australia, upheld an arrest on the basis of a foreign maritime lien for the supply of bunkers. The decision was significant as it represented the first time that a foreign maritime lien had been recognised in Australia where Australian law did not otherwise also independently provide for a similar lien.

Following the decision, we have seen a small surge in arrest actions relating to outstanding OW Bunker claims. The arrests appear to be based on two main arguments:

1. the bunker supply contract was made with Owners or Owners ratified the contract at the time of supply