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Results: 1-10 of 28

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

The “BULK Uruguay” - charterers fail to establish anticipatory breach of contract

  • Clyde & Co LLP
  • -
  • USA
  • -
  • July 28 2014

In the recent case of the "BULK URUGUAY", the Court examined whether anticipatory breach of contract can arise purely on the basis of future

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

District court compels arbitration of maritime contract dispute after respondent failed to appoint its arbitrator and failed to participate in the instant judicial proceeding

  • Baker & McKenzie
  • -
  • USA
  • -
  • July 29 2014

The parties entered into two "charter parties," which are contracts by which ship owners lease their vessels to merchants. Each charter party

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."

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”

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 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