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Results: 1-10 of 27

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

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

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

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

Insured adequately stated bad-faith claim by alleging insurer did not investigate insured’s first-party claim Before demanding arbitration

  • Gordon & Rees LLP
  • -
  • USA
  • -
  • July 11 2014

In its June 27 opinion in Maslo v. Ameriprise Auto & Home Insurance, the California Court of Appeal for the Second Appellate District held an insured

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

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

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."