Shippers are likely to feel emboldened to doggedly pursue ocean carriers in the courts as the liner party fizzles out and out of pocket clients seek retribution.

In a sign of this new found persistence, Pennsylvania-based home decor MCS Industries shows no sign of letting up in its battle with the world’s largest containerline.

Erin Wirth, chief administrative law judge at the US Federal Maritime Commission (FMC), has issued an order denying shipping line Mediterranean Shipping Co’s (MSC) motion for an extension of time to produce outstanding discovery documents in the complaint filed by MCS Industries. On July 29, an order was issued requiring MSC to produce documents within a month, by August 29.

MSC did not provide the required documents to meet that deadline.

Instead, on August 26, MSC filed a motion seeking an extension of time. On September 2, MCS Industries filed an opposition to that motion.

Then, on September 6, MSC filed a notice of advice of the Swiss Federal Office of Justice. According to the order denying MSC’s motion, MSC “continues to argue despite rulings to the contrary in this proceeding and in the Republic and Canton of Geneva Court of First Instance, that due to Swiss legal requirements it cannot produce the discovery ordered in the December 8, 2021, motion to compel and the July 29, 2022, order requiring production of discovery, and that the Swiss court’s decision that their intervention is not necessary was in error.”

Judge Wirth writes in the order that “it is clear that this ‘advice’ from the Federal Office of Justice in Switzerland merely identifies the process for resubmitting a request and the factors that may be taken into account, without any discussion of the merits of this proceeding.

“The question of whether Swiss assistance with discovery is required has been answered by the undersigned Administrative Law Judge and by the Court of First Instance in Geneva.”

In multiple filings, MSC indicated that it will not produce the discovery that it has been repeatedly ordered to produce. MCS Industries has asserted in response that MSC “cannot accept the benefits of shipping cargo to and from U.S. ports while shirking its legal and regulatory obligations before the Commission.” MCS Industries thus requested a decision on default, and the judge has ordered MSC to show cause why default judgment should not be entered against it.

MSC is now ordered, by September 22, to either provide the required discovery or show cause why default judgment should not be entered against it.

Other shippers have been lodging complaints against global carriers of late with experts suggesting more will follow suit.

“The softened market – and space situation – may well cause a flurry of suits and FMC complaints to be filed, and clearly, some who have already filed, like MCS Industries, are emboldened to hold on,” commented Bjorn Vang Jensen, a vice president at liner consultancy Sea-Intelligence, in a post today on LinkedIn.

“The collective, pent-up anger and PTSD in the BCO community at large now wants out, and rate reductions won’t cut it for some,” said Jensen, a man whose career has seen him work for the likes of Maersk and Electrolux in the past.

Source: https://splash247.com/msc-denied-extension-of-deadline-to-provide-documents-in-case-brought-by-mcs-industries/

Amogy’s goal is to convert ammonia into a sustainable power source to decarbonize transportation. The company has for instance successfully engineered the first-ever ammonia-powered emissions-free drone flight at 5 kW scale and demonstrated a 100kW powerpack in a tractor.

As industries search for ways to lower their carbon footprint, ammonia has emerged as an attractive fuel source with strong potential since it enables emissions-free, high-performance mobility. The use of ammonia reformed to hydrogen is especially beneficial in industries with long operating hours, for example the marine industry, due to the high energy density.

The fuel cell system that PowerCell will deliver will be integrated in Amogy’s solution, where ammonia is reformed into hydrogen. In this way, it is possible to provide continuous power to a workboat over extended periods. The workboat will be used to demonstrate how to build a complete power system targeted to the marine industry.

PowerCell will deliver the fuel cell systems and related services during the coming fifteen months.

Richard Berkling, CEO of PowerCell Sweden, said:

“This order is a further proof of our leading fuel cell technology that we have industrialized for demanding applications. A key strength is our ability to offer fuel agnostic systems using clean hydrogen from compressed or liquid storage as well as from reformed methanol and ammonia. We believe that refining ammonia into hydrogen to be used in fuel cell systems will be an important emissions-free fuel source for the future.”

Source: https://seawanderer.org/powercell-receives-a-fuel-cell-systems-order-from-amogy