International Trade Maritime Civil Procedure

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In re Application of Owl Shipping: Does § 1782 permit discovery to aid foreign arbitral proceedings?

The District of New Jersey has issued a recent opinion highlighting a potential resource for parties engaged in foreign arbitral proceedings – the use of 28 U.S.C. § 1782, which allows parties engaged in foreign proceedings...more

New York Federal Court Holds That Arbitrator’s Undisclosed Serious Health Condition Is Not Ground for Vacatur

There are several differences between court litigation and international arbitration, but two in particular stand out. First, whereas the losing party at trial can bring an appeal, the losing party in an arbitration can only...more

Mainbrace - October 2014, No. 3

In This Issue: - Maritime Cybersecurity: A Growing Threat Goes Unanswered - Valuation in Maritime Chapter 11 Cases: Genco and “NAV” - Is the U.S. Prepared Legally and Operationally to Protect Its Arctic...more

Cooper v. Meridian Yachts – Complex International Maritime Case

In this complex international admiralty case, a sea captain sustained an injury as a result of a defective food lift on a ship. The ship owner, manager, and employer brought third-party claims against the ship designer and...more

New York Appeals Court Issues Important Rule B And Maritime Corporate Veil-Piercing Decision; Lenient U.S. Maritime Law...

For the past sixty years, and until January 11, 2013, U.S. federal courts routinely have applied the comparatively expansive (and potentially creditor-friendly) "maritime law of veil piercing" when examining veil-piercing...more

Geoffrey Scimone v. Carnival Corporation

Order Affirming Denial of Defendant's Motion for Removal

On July 1, 2013 the U.S. Court of Appeals for the 11th Circuit held that plaintiffs in separate lawsuits could not be joined together for purposes of complying with the Class Action Fairness Act (CAFA).The Court rejected...more

Update on Ship Arrest in Australia – Hidden Arrest Proceedings

This short note is to update our clients and contacts in relation to revised ship arrest filing procedures recently adopted by the Federal Court of Australia, which mean that arrest proceedings won't be known until the...more

Shipping Group Monthly Bulletin - July 2011

In This Issue: BIMCO...3 BIMCO publishes Wreckhire 2010...3 CIVIL PROCEDURE...4 High Court grants relief from sanctions where the deadline for service of a witness statement was a bank holiday,...more

Shipping Newsletter - December 2010, Issue 27

IN THIS ISSUE: 1. Can a Vessel be arrested for a Forward Freight Agreement claim in China? 2. Changes to Port State Controls 3. A Second Bite at the Litigation Cherry: “Collateral Attack” 4. The Maritime Labour...more

Poisoned Well Is a Poor Fate For Anyone

When bureaucrats decide to pile on the charges a seafarer stands little chance of justice.Bureaucracy trampled a seafarer because it could. New Zealand uses its Commission law as a barrier to justice just as effectively as...more

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