Trans-Tec Asia v. M/V HARMONY CONTAINER

ORDER GRANTING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT

I. INTRODUCTION

This admiralty case arises out of a dispute over unpaid bunkers (fuel). Plaintiff Trans-Tec Asia (“Trans-Tec”) sold bunkers to the charterer of the M/V Harmony Container (“Vessel”), the Kien Hung Shipping Company Ltd. (“Kien Hung”). Kien Hung later went bankrupt. Its bunkers still unpaid, Trans-Tec filed this action against the Vessel and its Owner, Defendant Splendid Shipping Sendirian Berhard (“Splendid”).

In its Order of August 15, 2005 (“August 15 Order”), the Court determined that Ma laysian law applied to the dispute. In its Order of October 20, 2005 (“October 20 Order”), the Court granted summary judgment to Splendid on the issue of unjust enrichment. In its October 20 Order, the Court also informed the parties that it would reconsider its prior decision that Unites States law governed the incorporation of a choice of law clause into a contract between Trans-Tec and Kien Hung. Specifically, the Court ordered the parties to further brief the following topics:

The Court finds that Malaysian law determines the terms of the Bunker Contract, including whether the choice of law clause was a term, that…