Additionally, physical suppliers of bunkers have commenced
separate actions in U.S. courts to arrest vessels to secure their
maritime lien claims instead of proceeding against the insolvent OW
Bunker purchaser in a bankruptcy proceeding. Most of the
interpleader and arrest cases involving OW Bunker entities have
been pending in the U.S. courts for over a year.
The federal courts in the U.S. - the bankruptcy court, the
district courts and the appellate courts - have applied a firm hand
to control litigation of these cases. The courts have employed
anti-suit injunctions, interpleader proceedings and arrest
procedures across the country. At least two district courts in the
U.S. have held that the physical suppliers are not entitled to
summary judgment on their claims of maritime liens. See Valero
Marketing and Supply Co. v. M/V ALMI SUN, Civil Action No. 14-2712,
2016 WL 475905 (E.D. La. Feb. 8, 2016), and O'Rourke Marine
Services L.P., L.L.P. v. M/V COSCO Haifa, 15 Civ.
