On February 2, 2005, the M/V Cape Flattery ran aground on a submerged coral reef off Barbers Point, Oahu, Hawai’i. Cape Flattery Ltd. v. Titan Maritime LLC, 607 F. Supp. 2d 1179, 1181 (D. Hawai’i 2009). In response, the U.S. Coast Guard issued a Notice of Federal Interest in connection with the vessel’s grounding and activated Unified Command to respond to the threat of potential oil discharge. Id. Under 33 U.S.C. § 2702, Cape Flattery, as the vessel’s owner, was liable for the cost of removing the vessel from the reef. 33 U.S.C. §§ 2701(32)(A); 2702(a). Cape Flattery entered into an agreement with Titan Maritime to salvage the vessel (the “Agreement”). Cape Flattery, 607 F. Supp. 2d at 1181.
Under the Agreement, Titan agreed:
to use its best endeavors to salve, as quickly as reasonably practicable, the [M/V Cape Flattery] by means of the personnel and equipment specified in Schedule 2, and/or such other personnel and/or equipment as may from time to time be agreed between Titan and the on-site Owners’ Representative . . . and deliver the [M/V Cape Flattery] to a Place of Safety.
Schedule 2 provides a list of Titan’s “Typical Daily Personnel & Equipment Rates.”
The Agreement also contains an arbitration clause. The clause, titled “Arbitration,” provides:
Any dispute arising under this Agreement shall be settled by arbitration in London, England, in accordance with the English Arbitration Act 1996 and any amendments thereto, English law and practice to apply.
Judge(s): William A. Fletcher
Jurisdiction: U.S. Court of Appeals, Ninth Circuit
Related Categories: ADR , International , Maritime , Torts
|Circuit Court Judge(s)|
|Trial Court Judge(s)|
|Appellant Lawyer(s)||Appellant Law Firm(s)|
|John Lacy||Keesal Young & Logan|
|James Marissen||Keesal Young & Logan|
|Albert Peacock||Keesal Young & Logan|
|Appellee Lawyer(s)||Appellee Law Firm(s)|
|Steven Egesdal||Carlsmith Ball LLP|
|Nenad Krek||Carlsmith Ball LLP|
|Erika Lewis||Carlsmith Ball LLP|
|Duane Miyashiro||Carlsmith Ball LLP|
|Eugene Oâ€™Connor||Chalos O'Connor & Duffy LLP|