Steamship mutual underwriting association

United States District Court D. He seeks indemnification for amounts he paid to satisfy a judgment entered against him and a vessel which he owned in a case in which his vessel was adjudged at fault in a collision with another vessel. He also seeks to recover his loss of profits on the vessel during the time it was under arrest in that collision case. The following 22 numbered paragraphs are findings of fact.

Steamship mutual underwriting association

The district court premised its denial exclusively on our previous decision in Zimmerman v.

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Carlisle, released after Steamship filed this appeal, has effectively overruled Zimmerman. When the injury occurred, the ship was cruising along the Mississippi River in the state of Louisiana.

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InDelta Queen filed for bankruptcy protection, but Todd won approval from the bankruptcy court to proceed with a suit against Delta Queen. Eventually, Todd won a judgment against Delta Queen in Louisiana state court inbut Delta Queen has yet to satisfy this judgment.

InTodd filed suit in Louisiana state court against Steamship, attempting to collect on his judgment against Delta Queen. In response, Steamship removed this suit to federal district court. We have appellate jurisdiction over this case under 9 U. When we exercise this jurisdiction, we review denials of motions to compel arbitration de novo.

Before we begin our analysis, we provide some brief background to help orient the reader with respect steamship mutual underwriting association the relationship between the New York Convention and the primary domestic source of federal arbitration law, the FAA, 9 U.

In this case, Steamship must seek relief at least in part under the New York Convention, as Steamship seeks to compel Todd to arbitrate outside the United States.

For example, the Convention and its implementing legislation do not explicitly authorize staying litigation pending arbitration, and thus parties whose arbitration agreements fall under the Convention have had to seek authority for stays under 9 U.

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San Sebastian, F. With this prologue complete, we now turn to the issues raised by this case. We conclude that Carlisle effectively overrules Zimmerman, at least insofar as Zimmerman would apply in this case to prevent Steamship from compelling Todd to arbitrate his claims.

Nevertheless, we write to provide guidance for the steamship mutual underwriting association court on remand and to explain why we conclude that Carlisle invalidates Zimmerman and Big Foot.

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In both cases, we engaged in an analysis that largely focused on the FAA, 5 and we found that a stay was inappropriate. Instead, Steamship is seeking to compel a direct action plaintiff to arbitrate.

Despite these differences, however, if Zimmerman and Big Foot were still valid, their reasoning would sweep broadly enough to rule out arbitration under the facts of this case. The FAA does not require arbitration unless the parties to a dispute have agreed to refer it to arbitration. Likewise, the mandatory stay provision of the FAA does not apply to those who are not contractually bound by the arbitration agreement.

Thus, the FAA, the source of the federal policy favoring arbitration, has no application to require direct action plaintiffs to arbitrate or to stay their lawsuits during arbitration.

In Carlisle, however, the Supreme Court rejected the reasoning in Zimmerman and Big Foot, concluding instead that nonsignatories to arbitration agreements such as direct action plaintiffs may sometimes be compelled to arbitrate.

As such, Carlisle overrules our determination in Zimmerman and Big Foot that direct action plaintiffs need never arbitrate under federal law because they are not parties to the insurance policies creating an obligation to arbitrate.

It is true that the Convention and the FAA differ in certain important respects. We conclude that on remand, the district court is not bound by our statement in Zimmerman that direct action plaintiffs cannot be required to arbitrate as third party beneficiaries, as this conclusion was necessarily contingent on our now discredited view that federal arbitration law has no application to nonsignatories.

In Zimmerman, when we stated that direct action plaintiffs could not be compelled to arbitrate as third party beneficiaries, we justified this conclusion by finding that Louisiana law allows them to proceed without submitting to arbitration.

However, if we had found the FAA applicable in Zimmerman, we would have had to engage in a deeper analysis: Although state contract law principles control whether nonsignatories can be bound to arbitrate, see Carlisle, S.

As such, Carlisle has called into question our statement in Zimmerman that direct action plaintiffs cannot be required to arbitrate as third party beneficiaries of insurance contracts.

Therefore, the district court is not bound by it on remand. We leave this to be determined on remand. Since the district court, prior to Carlisle, properly held that Zimmerman controlled the outcome of this case, many of the issues raised by this case were not fully fleshed out in the proceedings below.

Therefore, we now remand this case to the district court and suggest several issues, among others, that should likely be considered below. Access to a complete copy on remand would be helpful, since if the terms of an agreement clearly address whether a nonsignatory can be bound to arbitrate, then courts need not inquire whether nonsignatories can be bound under third party beneficiary theory or other doctrines.

Second, during this appeal, the parties have not addressed what law should apply to determine whether Todd must arbitrate as a nonsignatory. In Carlisle, the Supreme Court made clear that state law controls whether an arbitration clause can apply to nonsignatories.

In conclusion, we stress that the issues raised above are nonexhaustive; we only suggest that these issues should be considered within the framework of a full analysis of whether Todd can be bound to arbitrate. However, it remanded the case to the civil district court for recalculation of the sum due Todd for wages lost due to his injury.

Delta Queen Steamboat Co. The clause provides that: Under the FAA, district courts may only refer cases to arbitration within their own district. The only reference to the Convention in either case is in a brief footnote in Big Foot.

As both Zimmerman and Big Foot involved foreign insurers, it is probable that the Convention did have some application in both cases.Exemption from Section Excise Tax Exemption from Section Excise Tax. English; More In File The Steamship Mutual Underwriting Association Limited Aquatical House 39 Bell Lane London E1 7LU The West of England Ship Owners Mutual Insurance Association (Luxembourg) 31 Grand Rue L Luxembourg.

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