North End Oil, Ltd. v. M/V OCEAN CONFIDENCE
Opinion
Opinion
Kelleher, J.
MEMORANDUM OF DECISION AND ORDER
PROCEDURAL BACKGROUND
On February 26, 1991, North End Oil, Ltd. (“NEO”) filed a complaint in rem against the vessel M/V Ocean Confidence. This Court issued a warrant for the arrest of the vessel. On March 1, 1991, claimant Mitsui O.S.K. Lines, Ltd. (“Mitsui”), entered a restricted appearance, to defend on behalf of the vessel. Mitsui eventually substituted a letter of credit as security for the vessel and obtained its release.
Mitsui now moves this Court to (1) quash the warrant of arrest issued in this matter against the M/V Ocean Confidence; (2) release the security which now substitutes for the vessel, M/V Ocean Confidence; and (3) dismiss the complaint for lack of in rem jurisdiction and failure to state a claim upon which relief can be granted.
After oral argument, the Court ordered supplemental briefing on how English law would apply to this case.
FACTUAL BACKGROUND
Decade Shipping, the foreign corporation that owns the vessel Ocean Confidence, “bare-boat” chartered the vessel to Derby Shipping. Derby Shipping then “time-chartered” the vessel to Mitsui, which then “sub-time-chartered” it to Asian Express Lines.