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Confirmation of arbitral awards. Manifest disregard of law. District court confirms $11.6 million international arbitral award
  • Baker & McKenzie
  • USA
  • September 24 2015

NS United Kaiun Kaisha, Ltd. (“NSU”), headquartered in Japan, provides international maritime transportation services for raw materials. Cogent Fibre

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

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
  • USA, Canada
  • 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

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

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

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

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

  • Baker & McKenzie
  • USA
  • July 23 2012

Plaintiff seaman, a citizen of the Philippines, sued defendants, a ship’s owneroperator (“World Car”), a charter party (“Nissan”), and a crew company (“MOL”), for, among other claims, maintenance and cure in connection with severe shipboard injuries he sustained aboard the MV Asian Spirit in the Chesapeake Bay near Baltimore

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