Bulk Juliana, Ltd. v. World Fuel Services (Singapore) PTE, Ltd.
Petition for certiorari denied on June 26, 2017.
Issue
(1) Whether foreign parties, who have no actual or apparent authority to bind a vessel, can contractually bestow presumptive authority on the time charterer, without the vessel owner's knowledge or involvement, and thereby create a maritime lien that would not otherwise arise without the contract; (2) whether the exercise of in rem jurisdiction premised on the existence of a maritime lien that only exists by virtue of a contractual choice of U.S. law entered into by parties without authority to bind the vessel, and that would not exist in the absence of the contract, violates the axiom that jurisdiction that would not otherwise exist cannot be conferred by the parties' consent; (3) whether a contract between a marine fuel supplier and a time charterer selecting U.S. law as the law governing an entirely foreign transaction, for the purpose of creating a maritime lien that would not arise but for the contract, violates the prescription that two contracting parties cannot encumber the property of a third party; and (4) whether the plain and ordinary meaning of the "General Maritime Law of the United States" includes the statutory remedies afforded by the U.S. maritime lien statutes.
Recommended Citation: Bulk Juliana, Ltd. v. World Fuel Services (Singapore) PTE, Ltd., SCOTUSblog, https://www.scotusblog.com/cases/bulk-juliana-ltd-v-world-fuel-services-singapore-pte-ltd/