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Personal jurisdiction - enforcement of arbitral award - district court dismisses petition to enforce international arbitration award, finding lack of minimum contacts to support jurisdiction

  • Baker & McKenzie
  • -
  • USA
  • -
  • March 27 2012

Petitioner Greatship (India) Limited ("Greatship") owned two shipping vessels which it chartered to Respondent Marine Logistics Solutions LLC ("Marsol"), an offshore logistics service provider registered in Dubai, United Arab Emirates

Ninth Circuit holds that parties can contract to apply non-federal arbitrability law, but only if there is clear and unmistakable evidence of that intent

  • Baker & McKenzie
  • -
  • USA
  • -
  • March 27 2012

Plaintiff's ship ran aground on a submerged coral reef off the coast of Hawaii

Is a charterparty a contract for carriage of goods by water?

  • Borden Ladner Gervais LLP
  • -
  • Canada, USA
  • -
  • November 17 2011

Companhia Siderurgica Paulista (COSIPA), BLG’s client, concluded a Gencon-form voyage charterparty with Fednav (disponent owner of the defendant vessel), for the carriage of steel coils from Brazil to the U.S.A. and Canada

Reach out and sue someone stolen cell phones spur arbitration

  • Jorden Burt LLP
  • -
  • USA
  • -
  • July 27 2009

Litigation was stayed pending concurrent arbitration in a dispute arising out of the theft of cell phones during international shipping

Supreme Court issues two unanimous decisions affecting labor & employment

  • Winston & Strawn LLP
  • -
  • USA
  • -
  • December 10 2009

In Union Pac. R.R. Co. v. Bhd. of Locomotive Engineers, No. 08-604 (December 8, 2009), the Court unanimously held that a union’s failure to present evidence of efforts to reach a settlement through “conferencing” did not preclude the National Railroad Adjustment Board from exercising jurisdiction over the union’s claim

Courts make waves for marine lawyers: Rule B and antisuit injunctions

  • Kennedys
  • -
  • United Kingdom, USA
  • -
  • May 20 2009

Two recent judgments are making waves for marine lawyers

Transport Sector Update: shipping, ports and logistics - U.S. Koehler proceeding as a method of enforcing LMAA arbitration awards

  • Eversheds LLP
  • -
  • USA
  • -
  • February 8 2013

Since the economic downturn, the maritime community has experienced a steady rise in the number of disputes between owners and charterers. These

Arbitration

  • Baker & McKenzie
  • -
  • USA
  • -
  • July 23 2012

Plaintiff seaman, a citizen of the Philippines, sued defendants, a ship’s owneroperator (“World Car”), a charter party (“Nissan”), and a crew company (“MOL”), for, among other claims, maintenance and cure in connection with severe shipboard injuries he sustained aboard the MV Asian Spirit in the Chesapeake Bay near Baltimore

Federal court avoids arbitration in shipping case

  • Masuda Funai Eifert & Mitchell Ltd
  • -
  • USA
  • -
  • September 7 2012

Many parties insert arbitration clauses mandating arbitration in the event of a dispute in commercial agreements

Term 'arising under' may be narrowly construed in arbitration agreements

  • Fowler Rodriguez
  • -
  • USA
  • -
  • January 18 2012

The US Court of Appeals for the Ninth Circuit recently affirmed its prior decisions in Mediterranean Enterprises Inc v Ssangyong Construction Co and Tracer Research Corp v National Environmental Services Co, holding that the term 'arising under' in an arbitration clause is narrowly construed under federal arbitrability law

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