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摩科瑞:因担心竞争对手抢走业务,波罗的海交易所维持有争议的油轮运价Mercuria Says Rival Fears Made Baltic Keep Disputed Tanker Rate

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大宗商品贸易商摩科瑞能源集团指控波罗的海交易所继续发布全球基准油轮运价,尽管伊朗战争造成了扭曲,原因是该交易所担心业务被竞争对手抢走。

Commodity trader Mercuria Energy Group accused the Baltic Exchange of continuing to publish the world’s benchmark oil tanker rate, despite distortions caused by the Iran war, because it feared losing business to a competitor.

摩科瑞的律师在伦敦启动庭审,称在美国、以色列与伊朗的冲突导致经霍尔木兹海峡的出口受阻后,波罗的海交易所本应暂停发布该基准运价。波罗的海交易所对上述指控提出抗辩,并否认违反了其作为基准管理机构的职责。

Lawyers for Mercuria kicked off a London trial claiming that the Baltic Exchange should have suspended the benchmark rate after exports through Hormuz were strangled by the conflict between the US, Israel and Iran. The Baltic Exchange is contesting the claim and denied breaching its duties as a benchmark administrator.

根据摩科瑞律师在周一听证会前提交给法庭的一份文件,在4月14日的一通电话中,一位资深运价评估师将基准被竞争对手取代的风险描述为“我们在这里所做工作的最大担忧”。

In an April 14 call, a senior freight assessor described the risk of the benchmark being replaced by a competitor as “the overriding fear of what we do here,” according to a document given to the court by Mercuria’s lawyers before the hearing on Monday.

波罗的海交易所成立于1774年,至今仍在制定全球航运运价方面发挥核心作用。该交易所坚持认为,仍有可能对运费风险进行定价,并且一直与市场保持沟通。

The Baltic Exchange, which was founded in 1774 and still plays a central role in setting global shipping rates, has maintained it was still possible to put a price on the freight risk, and that it had consulted consistently with the market.

此案令一个定价工具受到质疑,在伊朗战争爆发之前,该工具一直是全球油轮运价的基准。关键的TD3C运价是油轮船东与客户之间合同以及数十亿美元衍生品的基础。它基于从波斯湾内的沙特阿拉伯拉斯坦努拉港租用一艘超级油轮运往中国的成本,同时也作为其他航线的参考点。

The case calls into question a pricing tool that until the Iran war acted as the benchmark for oil tanker earnings across the globe. The key TD3C rate underpins contracts between tanker owners and their customers as well as billions of dollars in derivatives. It’s based on the cost of hiring a supertanker from Saudi Arabia’s Ras Tanura, inside the Persian Gulf, to China, and also serves as a reference point for other routes.

“波罗的海交易所有信心,其在编制TD3C基准运价方面已经履行并将继续履行所有法定、合同和监管义务,”该交易所首席执行官马克·杰克逊在一份声明中表示。他还说,波罗的海交易所认为“摩科瑞的指控毫无依据,并将全力抗辩”。

“The Baltic is confident that it has met and continues to meet all its statutory, contractual and regulatory obligations in the production of the TD3C benchmark,” the exchange’s Chief Executive Officer Mark Jackson said in a statement. The Baltic believes “the claim from Mercuria is without merit and will defend it to the fullest extent,” he added.

摩科瑞的律师表示,证据显示波罗的海交易所之所以没有暂停该指数,是因为它希望保持某些运价协议市场的活跃,并避免被竞争对手取代的风险。

Mercuria’s lawyers said the evidence showed the Baltic Exchange did not suspend the index because it wanted to keep the market for certain freight agreements active, and to avoid the risk of being replaced by a rival.

根据摩科瑞提交的另一份记录,一位参与该指数编制的经纪人曾在4月2日表示,鉴于霍尔木兹海峡的交通受到前所未有的干扰,对TD3C基准进行评估“完全是胡说八道”。

One of the brokers who contribute to the index said on April 2 that it was “utter nonsense” to provide an assessment of the TD3C benchmark, given the unprecedented levels of disruption to traffic through Hormuz, according to another transcript presented by Mercuria.

摩科瑞敦促法院裁定波罗的海交易所违反了其义务,本应暂停TD3C航线。

Mercuria is urging the court to declare that the Baltic Exchange breached its obligations and ought to have suspended the TD3C route.

波罗的海交易所的律师表示,被竞争对手取代的风险并未驱动其决策。律师称,通过霍尔木兹海峡仍然可行,并指责摩科瑞投机取巧。

Lawyers for the Baltic Exchange said the risk of being replaced by a rival provider did not drive its decision making. The lawyers said passage through Hormuz was still possible, and accused Mercuria of opportunism.

“波罗的海交易所继续发布TD3C的决定,是一个经过慎重考虑的决定,”该交易所的律师在一份反驳摩科瑞指控的法庭文件中表示。

“The Baltic’s decision to continue publishing TD3C, was a decision which was not taken lightly,” lawyers for exchange said in a court document countering Mercuria’s allegations.

伊朗战争使全球大宗商品市场陷入动荡,途经霍尔木兹海峡的货运量骤减,德黑兰在冲突初期宣布关闭该海峡。近几个月来,货运量有所恢复,大多数追踪机构认为运量已接近战前水平。摩科瑞的发言人没有立即回复寻求置评的电子邮件。

The Iran war threw global commodity markets into turmoil by slashing shipments through Hormuz, which Tehran declared closed in the early days of the conflict. In recent months, volumes have recovered, with most trackers seeing shipments close to pre-war levels. A spokesperson for Mercuria didn’t immediately respond to an email for comment.

摩科瑞最初表示,由于该交易所继续发布该指数,其蒙受了估计达数亿美元的损失,但在其最新的索赔中删除了任何财务损失的估算。

Mercuria initially said it had incurred losses estimated to be in the hundreds of millions of US dollars as a result of the exchange’s continuing to publish the index, but removed any estimate of financial losses from its most recent claim.

波罗的海交易所的律师表示,摩科瑞拥有“巨大的指数相关敞口,却未能对其进行风险管理”。他们补充说,在被TD3C的急剧上涨打了个措手不及之后,摩科瑞“希望推翻TD3C,并且正在抓住一切可用的论据来实现这一目的”。

Mercuria has “huge index-linked exposures, which it has failed to risk manage,” lawyers for the Baltic Exchange said. After being caught out by the sharp rises in TD3C, Mercuria “wishes to unseat TD3C, and it is reaching for any available argument to do so,” they added.

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