Notable Decisions
The Shipping Corporation of India v. Jaldhi Overseas Pte, Ltd., a Second Circuit decision which changed the law of Rule B attachments utilized by claimants to restrain funds of adverse companies within the jurisdiction by serving the relevant bank with process. In 2009, the Court of Appeals overruled the seven year old decision in Winter Storm Shipping, and its progeny and with the consent of all of the judges of the Court in active service, held that electronic fund transfers (EFTs) being processed by an intermediary banks are not subject to attachment under Rule B.
To read the full opinion, please click here.
In Greatship (India) Limited v. Marine Logistics Solutions (Marsol), LLC, the Second Circuit dismissed a petition to enforce an arbitral award for lack of personal jurisdiction. The Court noted that, to enforce a foreign arbitral award under the New York Convention, the enforcing court must have in personam or quasi in rem jurisdiction. The Court concluded that Greatship had not “suggested that the present cause of action arose from any New York activity”; or that assertion of personal jurisdiction comported with due process. Thus, the Court granted Marine Logistics’ motion to dismiss and dismissed Greatship’s petition.
To read the full opinion, please click here.
