Fujian Ocean Shipping Co. Ltd. v. O. W. Bunker Far East Pte. Ltd.

Background

ING Bank N.V., identified as the Security Agent, asked the court for permission to seal limited information after ING, Global Energy Trading Pte Ltd., and Fujian Ocean Shipping Co. Ltd. concluded a confidential settlement. Fujian did not oppose the request, and Global Energy consented.

The request covered two items: the highlighted portions of the parties’ stipulation that described confidential settlement terms, and the docket entry showing the amount withdrawn and transferred from the Court Registry Investment System.

Arguments and analysis

ING argued that the information was not a “judicial document”—a filing relevant to the court’s decision-making—so the usual presumption of public access should not apply. It also argued that, even if the presumption applied, it was weak because the requested redactions were narrow and concerned confidential settlement terms and commercially sensitive financial information.

ING further asserted that disclosure could create transaction costs, inefficiencies, and competitive disadvantages, including possible prejudice in related cases involving similar issues. The application relied on Second Circuit decisions discussing public access to court records, confidential settlements, and narrowly tailored redactions.

Ruling

The court’s order states: “Application GRANTED. SO ORDERED.” The court therefore granted the request to seal the highlighted portions of the stipulation and the docket entry reflecting the amount withdrawn from the court registry. The opinion text does not provide additional explanation in the court’s own ruling beyond that order.