Under Chinese law, a claim for unpaid bunkers cannot be secured
by a maritime lien.
Therefore, unless there is a supply contract between the
claimant and the vessel's registered owners, any attempt to
arrest a ship in China to secure a bunker claim is unlikely
succeed.
From a legal perspective, as China is a civil law jurisdiction,
the RES COGITANS judgment issued by the English Supreme Court may
not have any substantial impact on Chinese law.
However, Chinese parties with disputes subject to English
law/jurisdiction/arbitration are considering the effect of the RES
COGITANS judgment.
Chinese physical suppliers/traders, who failed to receive
payment from OWB, are still looking to achieve recovery from the
shipowners in other jurisdictions.
