Federal Arbitrability Law Applies to Vessel Dispute, 9th Circuit Rules

SAN FRANCISCO - Federal, rather than foreign, arbitrability law applies to a dispute arising from the salvage of a grounded vessel because there is no "clear and unmistakable evidence" that the parties agreed to apply non-federal arbitrability law, a federal appellate court affirmed. Cape Flattery Limited v. Titan Maritime LLC, No. 09-15682 (9th Cir.).

On July 26, the 9th Circuit U.S. Court of Appeals further ruled that under federal arbitrability law, the dispute is not arbitrable because it does not does not turn on an interpretation of the contract.

Cape Flattery Limited sued Titan Maritime LLC in the U.S. District …