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Results: 1-10 of 27

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

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

Court rejects attempt to attach electronic funds transfer

  • Chadbourne & Parke LLP
  • -
  • USA
  • -
  • December 21 2010

In Allied Maritime, Inc. v. Descatrade SA, 620 F.3d 70 (2d Cir. 2010), the Second Circuit Court of Appeals affirmed a decision by Judge Shira A. Scheindlin of the Southern District of New York that prohibited the process of maritime attachment and garnishment (PMAG) to secure a putative foreign arbitral award

Court orders party to pay attorney’s fees and costs related to opposing party’s motion to confirm arbitral award

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • April 1 2009

Rhonda Enterprises S.A. (“Rhonda”), a vessel owner, entered into a charter party agreement with certain charterers, Projector S.A. and Projector Asia Pte. Ltd for the carriage of goods from Taiwan to Singapore (collectively, “Projector”

Ninth Circuit: English arbitration law does not apply, and dispute not arbitrable under federal law

  • Jorden Burt LLP
  • -
  • USA
  • -
  • September 19 2011

Titan Maritime appealed a district court’s decision denying its motion to compel arbitration in an action filed by Cape Flattery Limited for gross negligence in the salvage of a vessel owned by Cape Flattery

US Supreme Court: no class arbitration absent party consent

  • White & Case LLP
  • -
  • USA
  • -
  • July 29 2010

On April 27, 2010, the US Supreme Court ruled in Stolt-Nielsen SA, et al. v. AnimalFeeds Int'l Corp. that, under the Federal Arbitration Act (FAA), compelling arbitrating parties to submit to class arbitration pursuant to an arbitration agreement silent on the subject "is fundamentally at war with the foundational FAA principle that arbitration is a matter of consent."

Class-action arbitration cannot be compelled absent evidence of consent

  • Epstein Becker Green
  • -
  • USA
  • -
  • May 4 2010

On April 27, 2010, a divided U.S. Supreme Court (5-3, with Sotomayor, J., recused) held that the Federal Arbitration Act, 9 U.S.C. 1 et seq. ("FAA"), does not permit forcing unwilling parties to participate in a class arbitration to which they have not consented

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

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

Two recent judgments are making waves for marine lawyers

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 will hear antitrust case involving class arbitration

  • Katten Muchin Rosenman LLP
  • -
  • USA
  • -
  • June 26 2009

On June 15, the U.S. Supreme Court granted certiorari in Stolt-Nielsen SA v. AnimalFeeds Int’l Corp