Heftza Claim (Haifa) 46834-07-25 Fixenergies DMCC v. The Ship M/V Stargazer

Decision

(Request No. 12)

1. The plaintiff, a company DMCC Fixenergies filed an additional Heftza & Gavra claim against the ship M/V Stargazer To pay a debt for the supply of fuel. In the application that is now pending for decision, the ship's owner petitions the Arctic Shipping Dismiss the lawsuit out of hand.  In its application, the shipowner argues that the law that applies to the supply of fuel is the law of the State of Denmark, which does not recognize a maritime lien to secure a debt for the supply of fuel.  Thus, according to the shipowner, the owner of the alleged encumbrance case has become obsolete and has expired.

Background

2. The ship is a registered cargo ship in Russia that has visited various ports throughout the Mediterranean. The plaintiff is a fuel assembly company headquartered in Dubai, United Arab Emirates.  On May 13, 2024, it is claimed, the plaintiff supplied fuel to the ship while it was docked at the port Serbet Bolge, Mersin, Turkey.  The plaintiff also supplied fuel to the ship on May 28, 2024 at the port in Malta.
3. In addition to the lawsuit she filed, the shipowner claims that she entered into an agreement for the supply of fuels with the RCC Shipping who was the manager and operator of the ship (hereinafter also: management company). At the time, the ship was allegedly registered as owned by a Russian Container Company.
4. According to the plaintiff, she sent a price quote for the supply of fuels to the management company, which was approved by the management company (a signed bid dated May 10, 2025, which was attached to Appendix 2C to the claim addendum). The offer was also accompanied by the terms of sale approved by a management company.
5. Taking into account this engagement, the plaintiff allegedly supplied fuel to the ship on the two aforementioned dates. With the supply of fuel, the ship's captain signed off on receiving them (Appendices 3 to the Claim Addendum).
6. The plaintiff sent the management company accounts marked 118 and 119 (Appendices 4A and 4B to the claim addendum). In accordance with these accounts, the ship and its owner were required to pay for the fuel supply detailed in the account from 13/5/2024 within 18 days, and for the fuel supply included in the account from 29/5/2024, the ship was on board

and must pay within 20 days.  The first payment demand (118) was $68, 250 and the second payment demand (119) was $117, 100.

7. In the addition of the lawsuit, it was claimed that the bills were not paid. It was further claimed that according to the terms of the sale, any delay in payment carries an interest rate of 3% per month, and therefore it was claimed that the debt as of the date of filing the claim is ILS 277, 355.57, and together with legal expenses, the plaintiff demanded the sum of $279, 855.57.
8. In the addendum to the lawsuit, it was argued that according to the terms of the sale, the law that applies to the supply contract is Danish law (clauses 20.1 and 20.2 of the agreement). It was also argued that it was agreed that the law that would apply to maritime liens on the ship would be the law of the United States.  It was also argued that it was agreed that in the event of a disagreement, arbitration would be held between the parties in Denmark before theNordic Offshore And Maritime Arbitration Association, However, the plaintiff has the right to act at her discretion and to take any judicial proceeding in any country to exercise and enforce her rights, including the arrest of the ship and the realization of the liens.
9. On July 17, 2025, the supplement of the claim was filed with a request for the ship's arrest (Request No. 1). On the same day, an order was issued for the ship's arrest and it was determined in the decision that the ship would be released from detention if a sum of ILS 314, 940 was deposited to secure the claim.  On August 4, 2025, the said bail amount was deposited and the ship was released from detention.

The Ottoman Settlement [Old Version] 191610.    On behalf of the ship, the Arctic Shipping which claimed to have purchased the ship from its previous owners.  From the purchase agreement (Appendix 9 to the response to the application), it appears that on April 29, 2025, a tripartite agreement was made between the entity (the purchaser) and the company Impax (which was registered as a seller) and the company Russian Container Company (which is registered as an operator).  According to the agreement, the ownership rights in the ship were transferred to the purchaser.