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Enforcement of foreign arbitral award. Fifth Circuit reverses district court order refusing to enforce Philippine arbitral award as contrary to U.S. public policy protecting seamen.
  • Baker & McKenzie
  • USA
  • July 30 2015

Plaintiff Lito Martinez Asignacion ("Asignacion"), a citizen and resident of the Philippines, signed a contract to work as a seaman aboard a vessel


Discovery in aid of foreign proceeding must involve an adjudicative proceeding
  • Montgomery McCracken Walker & Rhoads LLP
  • USA
  • August 14 2015

The United States District Court for the Southern District of New York recently considered the limits of discovery pursuant to 28 U.S.C. 1782 in


Claimants in London arbitration obtained ex parte district court order pursuant to 28 U.S.C. 1782 compelling discovery from the U.S. affiliates of the respondent in the arbitration.
  • Baker & McKenzie
  • United Kingdom, USA
  • January 29 2015

Owl Shipping, LLC and Oriole Shipping, LLC (“Petitioners”), the owners of the vessels MV Owl and MV Oriole, entered into time-charter agreements


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


Arbitrator with serious medical condition alone is not a ground for vacating an award
  • Montgomery McCracken Walker & Rhoads LLP
  • USA
  • January 26 2015

In Zurich American Ins. Co. v. Team Tankers A.S., petitioner Vinmar International Limited argued, among other things, that the failure of an


Supreme Court rules class arbitration not allowed when agreement is silent
  • Fisher & Phillips LLP
  • USA
  • April 27 2010

On April 27, 2010 the US Supreme Court decided that class arbitration is permissible only when the parties to a contract specifically agree


The “Bulk Uruguay”: no anticipatory breach where future performance is contingent on a third party’s conduct
  • Reed Smith LLP
  • USA
  • April 15 2014

In Geden Operations v Dry Bulk Handy Holding Inc (The "Bulk Uruguay") 2014 EWCA 885, the Commercial Court, in rejecting an appeal under s.69


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


Court confirms award over arguments of “manifest disregard,” “evident partiality,” and “corruption”
  • Carlton Fields Jorden Burt
  • USA
  • November 25 2014

A transported liquid chemical had been found degraded after shipping from Texas to South Korea. The chemical company contended that the shipper was