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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

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

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

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

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

Supreme Court holds that class arbitration cannot be imposed on a party whose arbitration agreement is silent on the issue

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • May 18 2010

The Supreme Court recently held that shipping companies could not be compelled to participate in class arbitration of their customers' price fixing claims when the parties had not agreed to class arbitration

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."

You don’t have to arbitrate your dispute with the moving company

  • Stinson Leonard Street LLP
  • -
  • USA
  • -
  • October 26 2011

Just in time to participate in Arbitration Nation’s (unplanned) series on legislative nullification of arbitration agreements, the Ninth Circuit Court of Appeals ruled last week that the Carmack Amendment nullifies pre-dispute arbitration agreements in interstate shipment contracts

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