Bunker Claims

BUNKER CLAIMS IN SOUTH AMERICA

LEGAL SUPPORT FOR UNPAID BUNKER AND MARINE FUEL CLAIMS

The supply of marine fuel is an essential part of commercial shipping. Vessels depend on bunkers to continue their voyages, and bunker suppliers are often required to arrange fuel delivery within strict operational and scheduling requirements.

When the agreed payment for bunkers is not received, however, a bunker supplier can face a significant commercial and legal problem. The vessel may have already departed the delivery port, changed ownership, moved to another jurisdiction or continued trading internationally.

South America Maritime Claims provides professional legal support and coordinated maritime debt recovery services for bunker suppliers, fuel traders and other maritime creditors seeking recovery of unpaid bunker invoices throughout South America.

We coordinate bunker claims involving vessels calling at ports and terminals in Argentina, Brazil, Chile, Colombia, Ecuador, Peru, Uruguay, Venezuela, Guyana, Suriname, Paraguay and Bolivia, subject to the applicable local legal framework.

WHAT IS A BUNKER CLAIM?

A bunker claim generally arises when marine fuel or related products have been supplied to a vessel and the agreed payment remains outstanding.

Claims may involve:

Marine gas oil (MGO)
Low-sulphur marine gas oil (LSMGO)
Very low sulphur fuel oil (VLSFO)
High sulphur fuel oil (HSFO)
Intermediate fuel oil
Marine diesel oil
Lubricants and related products
Other marine fuel-related supplies

A bunker transaction may involve several different parties, including the physical supplier, bunker trader, broker, shipowner, charterer, operator, ship manager or purchasing company.

Determining the contractual chain is therefore an important part of assessing an unpaid bunker claim.

BUNKER SUPPLY DOCUMENTATION

Documentation can be critical when pursuing an unpaid bunker invoice.

Depending on the circumstances, relevant evidence may include:

Bunker nomination
Bunker purchase order
Confirmation of stem
Bunker Confirmation
Sales contract
Invoice
Bunker Delivery Note (BDN)
Delivery receipt
Quantity and quality documentation
Sampling records
Vessel acknowledgement
Master's signature
Chief Engineer's documentation
Emails between the supplier and buyer
Payment records
Statement of account
General terms and conditions
Correspondence concerning the overdue payment

A properly documented bunker transaction can help establish what was ordered, what was delivered, when delivery occurred, the quantity and quality of the fuel and which party was contractually responsible for payment.

WHO IS LIABLE FOR AN UNPAID BUNKER INVOICE?

Bunker transactions can involve complex contractual structures.

The party ordering the fuel may be:

The registered owner
A ship manager
A technical manager
A charterer
A commercial operator
A bunker trader
A purchasing company
A ship agent
Another intermediary

The party that physically received the fuel is not necessarily the same party that is contractually responsible for paying the supplier.

For this reason, the contractual documents and correspondence should be examined carefully before determining the recovery strategy.

BUNKER CLAIMS AND VESSEL ARREST

One of the most important questions for an unpaid bunker supplier is whether the claim may support vessel arrest or another form of legal security in the relevant jurisdiction.

This is not automatically available for every bunker debt.

The answer may depend on the applicable national law, the contractual relationship, the identity of the debtor, the ownership of the vessel, the location of the bunker delivery and the legal basis of the claim.

Brazil, for example, has its own legal framework governing maritime privileges and vessel arrest and is not a party to the 1952 or 1999 international ship-arrest conventions. Certain bunker and supply claims may receive maritime privilege treatment under the applicable Brazilian framework, but the precise circumstances must be assessed in each case.

Accordingly, when a vessel is expected to call at a South American port, we coordinate with local maritime counsel to assess whether vessel arrest, attachment, security or another judicial remedy may be available.

BUNKER QUALITY AND QUANTITY DISPUTES

Not every bunker claim is simply an unpaid invoice.

A vessel owner or operator may dispute the claim because of:

Alleged off-specification fuel
Quantity discrepancies
Sampling disputes
Delivery delays
Fuel contamination
Quality problems
Operational consequences
Incorrect documentation
Pricing disputes
Contractual disagreements
Such matters can become technically and legally complex.

Where a bunker dispute involves fuel quality, delivery documentation, laboratory analysis or alleged engine damage, the relevant technical evidence should be reviewed together with the contractual documents.

We coordinate the legal assessment of these disputes with appropriate local maritime counsel and, where required, relevant technical professionals.

SOUTH AMERICAN BUNKER CLAIMS

Our bunker claims service covers the principal maritime jurisdictions throughout South America.

BRAZIL

We coordinate bunker claims involving major ports including Santos, Rio de Janeiro, Paranaguá, Itajaí, Rio Grande, Vitória, Suape and other Brazilian ports and terminals.

ARGENTINA

Claims involving vessels calling at Buenos Aires, La Plata, Bahía Blanca, Rosario and other Argentine ports can be assessed.

CHILE

We cover bunker claims involving San Antonio, Valparaíso, Talcahuano, San Vicente, Antofagasta, Iquique, Mejillones and other Chilean ports.

COLOMBIA

Bunker claims involving Cartagena, Barranquilla, Santa Marta, Buenaventura and other Colombian maritime locations can be coordinated.

PERU

We assist with claims involving Callao, Paita, Matarani, Ilo, Salaverry, Pisco and other Peruvian ports.

URUGUAY

Claims involving Montevideo, Nueva Palmira and other Uruguayan ports can be assessed according to the applicable legal framework.

ECUADOR, VENEZUELA, GUYANA AND SURINAME

We also coordinate bunker claims involving vessels calling at major ports and offshore facilities in these jurisdictions.

BUNKER DEBT RECOVERY PROCESS

Our approach is designed to provide a structured legal and commercial response:

Claim Submission → Contract Review → Bunker Documentation Review → Debtor Identification → Vessel & Ownership Research → Jurisdiction Assessment → Legal Demand → Negotiation → Security / Arrest Assessment → Court Proceedings → Enforcement

The appropriate strategy depends on the facts of each claim.

Where a negotiated settlement is realistic, we can coordinate settlement discussions. Where formal legal action is required, the matter can be referred to appropriate local maritime counsel.

WHY EARLY ACTION IS IMPORTANT

Bunker claims can become more difficult when a vessel continues trading and moves between jurisdictions.

If payment is overdue, information concerning the vessel's IMO number, current position, next port, registered owner, operator, charterer, manager and contractual bunker buyer may be highly relevant.

Early assessment can help identify the appropriate jurisdiction and available legal remedies before the vessel moves elsewhere.

SUBMIT YOUR BUNKER CLAIM

If your company has supplied marine fuel and the invoice remains unpaid, provide the basic details of the transaction together with the available documentation.

Useful information includes:

Vessel Name • IMO Number • Bunker Delivery Date • Delivery Port • Bunker Delivery Note • Invoice • Outstanding Amount • Contract / Confirmation • Debtor Details • Vessel Owner / Manager • Relevant Correspondence

Our team can review the available information and coordinate with appropriate local maritime counsel to determine the available legal and recovery options.

BUNKER CLAIMS ACROSS SOUTH AMERICA

From a straightforward overdue bunker invoice to a complex fuel quality or contractual dispute, we provide structured support for bunker claims and maritime debt recovery throughout South America.