Navigating Maritime Arbitration: The Experts Speak
Navigating Maritime Arbitration: The Experts Speak provides the most up-to-date and comprehensive guidance on the law and practice of maritime arbitration in the United States. Navigating Maritime Arbitration brings together a collection of essays concerning virtually all aspects of maritime arbitration which will be of assistance to those who are engaged in the process. It will be helpful to parties who participate in the process, as well as their counsel, to other advisers and to the courts.
A wide range of experienced arbitrators and attorneys who are recognized as being among the leading experts in maritime arbitration contributed to this publication. The focus of Navigating Maritime Arbitration is maritime arbitration in the United States, with a strong tilt towards New York since that is where by far the greatest number of arbitrations are heard and decided. New York maritime arbitration has a worldwide reputation of being fair and supported by laws and courts which fully encourage arbitration and other alternative forms of dispute resolution. With its practical insight on issues unique to maritime practice and coverage of thorny matters of arbitral process, this book is an excellent resource for all involved with maritime disputes.
PDF of Title Page and TOC
Foreword
Biographies
CHAPTER 1 - The Society of Maritime Arbitrators of New York and Proceeding Under Its Rules
David W. Martowski
CHAPTER 2 - Compelling Arbitration
Marisa A. Marinelli and K. Blythe Daly
CHAPTER 3 - Parties
Edward A. Keane
CHAPTER 4 - Arbitrators’ Dilemma: Stick Your Head in The Sand?
John D. Kimball
CHAPTER 5 - Conducting Arbitration Proceedings
Leo G. Kailas
CHAPTER 6 - Discovery in U.S. Maritime Arbitration: Fairness, Balance, and Proportion
Lizabeth L. Burrell
CHAPTER 7 - Arbitral Subpoenas
Anthony J. Pruzinsky
CHAPTER 8 - Pre-Award Security and Other Interim Remedies in New York Maritime Arbitrations
Peter Skoufalos and David W. Martowski
CHAPTER 9 - Consolidation
Keith W. Heard
CHAPTER 10 - Attorneys’ Fees
LeRoy Lambert and David W. Martowski
CHAPTER 11 - Enforcing and Challenging Arbitral Awards
Thomas H. Belknap, Jr.
CHAPTER 12 - The Respective Cases for and Against Applying a Comparative Fault Analysis to the Safe Port/Safe Berth Warranty
Armand M. Paré, Jr. and Don P. Murnane, Jr.
CHAPTER 13 - Force Majeure
Patrick F. Lennon
CHAPTER 14 - Tanker and Terminal Vetting
James M. Textor
CHAPTER 15 - Drafting Arbitration Clauses for Shipbuilding Contracts
John J. Reilly and Alice D. Colarossi
CHAPTER 16 - Commodities Arbitration Under SMA Rules
Louis Epstein
CHAPTER 17 - Using Maritime Arbitration to Resolve Natural Resource Damage Claims – Time for a Change?
Charles B. Anderson
EDITORS
John D. Kimball is Partner of Blank Rome LLP. He also is an Adjunct Professor at New York University Law School. Mr. Kimball is a co-author of Time Charters (7th ed. 2014) and Voyage Charters (4th ed. 2014). In addition, he is a co-author of 3A Benedict on Admiralty, The Law of Salvage (2017) and has served as an arbitrator many cases.
David W. Martowski is the former President of the Society of Maritime Arbitrators (2001-2005) and currently serves on its Board of Governors. He is retired as Chairman of Thomas Miller (Americas) Inc. (1996-2004), where he served as a Miller partner and previously as President of TMA’s predecessor, Transport Mutual Services, Inc. (1979-1996). In addition, Mr. Martowski is a former partner in the New York admiralty firm Kirlin Campbell & Keating. He graduated from Boston College, Fordham School of Law and New York University Law School (LL.M. International Law). Mr. Martowski trained as a mediator at Harvard Law School and the Straus Institute of Dispute Resolution at Pepperdine University School of Law. He is co-author of Voyage Charters (4th ed. 2014).
CONTRIBUTORS
Charles B. Anderson is Senior Vice President, Skuld North America Inc., New York based representatives of the Skuld P&I Club. Previously, Mr. Anderson was a partner in Holland & Knight, where he practiced in all areas of maritime law, including marine casualties, carriage of goods and charterparty disputes. He was educated at Columbia College and received a Master’s degree from Princeton University and a law degree from Columbia Law School. He is co-author of Shipping and the Environment (Informa by Routledge), now in its second edition, and an adjunct professor of law at Columbia University where he teaches admiralty and marine environmental law. He is a Titulary Member of the Comité Maritime International and a member of the Society of Maritime Arbitrators in New York. Mr. Anderson has participated in numerous natural resource damage assessments involving marine oil and hazardous substance spills. In June 2010, he testified on behalf of the International Group of P&I Clubs before the House Committee on Transportation and Infrastructure on liability and financial responsibility under the Oil Pollution Act of 1990 following the Deepwater Horizon oil spill.
Thomas H. Belknap, Jr. is Partner in the New York office of Blank Rome LLP. He earned his B.A. from Tufts University in 1991 and J.D. (with distinction) from Emory University School of Law in 1996. Mr. Belknap’s practice focuses primarily on shipping and international commercial litigation and arbitration. He has handled a wide range of matters including marine casualty and salvage, charterparty disputes, insurance coverage disputes, maritime bankruptcy, cargo claims, and attachment and arrest actions. Mr. Belknap has been recognized in Chambers USA since 2009 as a leading U.S. shipping litigation attorney. He is co-author with partner John Kimball of Time Charters (7th ed. 2014) and of the annual revisions to Benedict on Admiralty Vol. 3A – The Law of Salvage. In addition, he is Editor of Blank Rome’s quarterly maritime newsletter, Mainbrace.
Lizabeth L. Burrell has represented and advised clients in international and domestic shipping and commercial matters, including chartering, insurance, carriage, casualties, and spot and long-term transactions for thirty-seven years. Ms. Burrell’s expertise includes public as well as private international law affecting commerce and shipping. She has practiced in several arbitration tribunals, from maritime to ICSID and is the first woman to be elected President of the Maritime Law Association of the United States. Ms. Burrell is a member of United States Secretary of State’s Advisory Committee on Private International Law.
Alice D. Colarossi is an Associate in the New York office of Squire Patton Boggs. She is a litigator who concentrates her practice on shipping, transportation and energy, as well as submarine cables and pipelines related areas. She advises vessel, cargo and submarine cables owners on various contractual, contentious and regulatory matters. Alice draws on her international background to help corporate and governmental clients solve their cross-border disputes.
K. Blythe Daly is Senior Counsel at Holland & Knight LLP in New York. Ms. Daly’s practice encompasses a broad range of domestic and international commercial shipping and private yacht matters on behalf of vessel owners, vessel charterers, commodities traders, freight forwarders, insurers, and cargo interests. Her experience includes settling, mediating, arbitrating, and litigating a variety of civil disputes as well as negotiating contracts and charter parties. Ms Daly has served as chair of the young lawyers committees of both the U.S. Maritime Law Association and the Comite Maritime International. Ms. Daly earned her B.A. from the University of Virginia and her J.D. from Tulane Law School where she served as the editor-in-chief of the Tulane Maritime Law Journal.
Louis Epstein is Senior Vice President and General Counsel of Trammo, Inc., an international commodities trading company, and is a member of Trammo’s Board of Directors. Prior to joining Trammo in 1992, Mr. Epstein worked at the law firm Reid & Priest, specializing in international arbitration and litigation. He is a graduate of Columbia University and of the University of Pennsylvania Law School. From September 2012 to September 2015, Mr. Epstein was Chair of the Arbitration Committee of the New York City Bar Association. He has served multiple terms as a member of the City Bar's International Commercial Disputes Committee and is a founding member of the International Arbitration Club of New York. Mr. Epstein has been a member of the SMA since May 2017.
Keith W. Heard is a 1977 graduate of Yale University and a 1980 graduate of the Vanderbilt University School of Law. He has practiced maritime law in New York since 1980 and is an Attorney in the firm of Lennon, Murphy & Philips LLC, concentrating on cargo damage, charter party and casualty work. Mr. Heard is a long-time member of the Maritime Law Association of the United States, having served for four years as Chairman of its Committee on Arbitration and ADR and for seven years as its delegate to the BIMCO Documentary Committee. In addition, he is a member of the Association of the Bar of the City of New York, where he chaired the Admiralty Committee from 2012 to 2015, and the Connecticut Maritime Association and he is an Editor of American Maritime Cases. Mr. Heard is a founder and director of NYMAR – New York Maritime Inc., a non-profit organization dedicated to promoting the transaction of maritime business and the resolution of maritime disputes in New York.
Leo G. Kailas is a Member of Reitler Kailas & Rosenblatt LLC. He earned his B.A. from Columbia College (cum laude) in 1970 and J.D. from Columbia Law School in 1973. Mr. Kailas was Chairman of the Admiralty Committee of the Association of the Bar of the City of New York from 1985 through 1988 and Secretary from 1984 through 1985. Mr. Kailas was Chair of the ADR and Arbitration Committee of the Maritime Law Association from 2014-2018. In addition, he co-authored a report on the effects on the Supplemental Admiralty Rules on proposed amendments to Rule 4 of the Federal Rules of Civil Procedure.
Edward A. Keane is a Partner in Mahoney & Keane, located in New York City. Mr. Keane received a B.A. from SUNY at Buffalo and a J.D. from Boston University. He has practiced in the field of admiralty for over 40 years, being active in court litigations and private arbitrations.
LeRoy Lambert is General Counsel, Charles Taylor P&I Management (Americas), Inc. (Jan 2018 to present) and was President/Regional Claims Director (2009-2017). He is a member of The Society of Maritime Arbitrators and German Maritime Arbitration Association. Mr. Lambert was partner, Blank Rome LLP (2006-2009) as well as partner (1991-2006) and associate (1984-2000), Healy & Baillie LLP. He was a judicial clerk for Chief Justice John A. Dixon, Jr. of the Louisiana Supreme Court (1983-1984) and received J.D., 1983, Tulane University School of Law where he was the Editor-in-Chief of The Maritime Lawyer (now The Tulane Maritime Law Journal) (1982-83). His graduate studies were at the University of Tuebingen, Tuebingen, Germany (1976-1978). In addition, Mr. Lambert was on The Board of Directors of the Maritime Law Association of the United States (2015-18); The Board of Directors of the Hellenic American Chamber of Commerce since 2001 and President from 2009 to 2011. Mr. Lambert is co-editor, The Arbitrator (newsletter of the SMA) and co-author of Voyage Charters (4th ed 2014).
Patrick F. Lennon is a founding Partner of Lennon, Murphy & Phillips, LLC, a firm specializing in maritime/shipping, commodities, insurance, trusts, estates, probate, real estate and commercial litigation and arbitration, servicing international and domestic clientele. He has diverse experience in litigation, trial, appeals, in the state and federal courts of New York, Connecticut, New Jersey, Rhode Island, Texas, Florida and other jurisdictions. His vast experience in domestic and international arbitration and mediation includes matters before the SMA, AAA, ICC, LCIA, LMAA, JAMS and the HKIAC. Mr. Lennon is rated “AV Preeminent” by Martindale-Hubble and is regularly recognized as a leading lawyer by Chambers; New York Super Lawyers Magazine and The International Who’s Who Legal. He earned his B.S. from West Chester University of Pennsylvania in 1987 and J.D. (magna cum laude) from Quinnipiac University School of Law in 1992. He is an adjunct Professor of law at Quinnipiac University School of Law.
Marisa A. Marinelli is a partner at Holland & Knight LLP in New York. Ms. Marinelli’s practice emphasizes litigation and arbitration of international commercial contracts and transactions, issues involving the international sale of goods and insurance coverage disputes. She represents clients in matters concerning marine casualties, transportation contracts, environmental claims, the Oil Pollution Act of 1990, CERCLA, and shipping company workouts. She has written extensively on cross-border arbitration topics. Ms. Marinelli graduated from the University of Virginia and Hofstra University School of Law, where she was the Editor-in-Chief of the Law Review. She also studied in Madrid, Spain and is fluent in Spanish.
Don P. Murnane, Jr. is a graduate of the United States Merchant Marine Academy at Kings Point where he ranked second in his graduating class. He earned his law degree at Georgetown University Law Center in Washington D.C. and has practiced maritime law in New York for more than 30 years (first with former Haight, Gardner Poor & Havens and then Freehill Hogan & Mahar LLP where he has been a partner since 1997) concentrating in all aspects of maritime litigation and arbitration. Mr. Murnane has testified in foreign litigation as a trial expert on U.S. maritime law and has served as an American Arbitration Association / International Centre for Dispute Resolution arbitrator. He serves as the current Chair of the U.S. Maritime Law Association’s Liaison Committee to the Society of Maritime Arbitrators, Inc., New York, and has written extensively on maritime arbitration topics. Mr. Murnane is rated “AV Preeminent” by Martindale-Hubble and has been consistently recognized for many years as a leading maritime attorney by Chambers; The Best Lawyers in America Guide; Expert Guide Best of the Best USA; New York Super Lawyers Magazine and The International Who’s Who of Shipping and Maritime Lawyers.
Armand M. Paré, Jr. began private practice in 1974, first as an Associate and later as a Partner with the firm of Kirlin, Campbell & Keating. In 1987, he became a partner with the firm of Nourse & Bowles, LLP and, in 2013, he became a partner with the firm of McLaughlin & Stern, LLP. The general focus of his practice has been wide ranging issues involved with the international sale and carriage of goods by sea. He has represented oil companies, commodity traders, insurance companies, government entities, ship yards, ship owners and vessel charterers. Mr. Paré has been the lead attorney in over 50 reported arbitration awards and over 50 reported decisions in the United States District Court for the Southern District of New York and has won 6 cases in the Court of Appeals for the Second Circuit. He successfully argued a case in the United States Supreme Court which, in a unanimous opinion, reversed a long standing maritime precedent concerning admiralty contract jurisdiction. Mr. Paré is the immediate past chairman of the Admiralty Committee of the New York City Bar Association, past chairman and vice chairman of the Arbitration and ADR Committee of the United States Maritime Law Association and a past director of that Association.
Anthony J. Pruzinsky is a Partner with Hill Rivkins LLP, with offices in New York, New Jersey, California and Texas. Mr. Anthony Pruzinsky’s career has been devoted primarily to the practice of admiralty and maritime law. His practice is concentrated largely in the marine transportation and insurance fields with an emphasis on cargo, charter party, multimodal transit and related matters. In addition, his work extends to commercial and international trading matters.
John J. Reilly is a Senior Partner in the New York office of Squire Patton Boggs. He earned his B.A. and J.D. from Fordham University in 1964 and 1967 respectively. John served as a captain in the US Marine Corps from 1967 to 1971, with a tour of duty in the Republic of Vietnam in 1968 and 1969. He is a trial lawyer who has served as lead counsel in federal trial and appellate litigation throughout the US involving antitrust, price-fixing conspiracies, monopoly, commercial and real estate disputes, RICO actions and class actions, as well as arbitrations in both US and global forums. In addition, John has been an arbitrator (including panel chairman) and counsel in numerous arbitrations involving commercial disputes, international disputes, maritime disputes and New York Stock Exchange proceedings relating to securities and other investments. He has advised and counseled clients regarding joint venture arrangements in several industries, including airline and shipping, and with respect to re-sale price maintenance programs, as well as in grand jury antitrust investigations into the shipping industry. He has served as a monitor in the New York City Integrity Monitoring Program and in the NY/NJ Port Authority Monitoring Program.
Peter Skoufalos is a Partner at Brown Gavalas & Fromm LLP, concentrating his practice in areas of commercial and maritime law with emphasis on complex arbitration, litigation and other forms of dispute resolution. He is a graduate of New York University and the Boston University School of Law; Chairman of the U.S. Maritime Law Association’s Arbitration and ADR Committee; Director, International Refrigerated Transport Association. Mr. Skoufalos has presented papers at the International Congress of Maritime Arbitrators, the Connecticut Maritime Association, the Association of Shipbrokers & Agents (ASBA) and the Society of Maritime Arbitrators. He is co-author of a published article on mediation of shipping disputes [26 Tul. Mar. L.J. 515 (2002)]; and co-author of Ship Agency: A Guide to Tramp Ship Agency Practice (3rd Ed. Witherby 2013).
James M. Textor is Shipping Counsel at Eversheds-Sutherland (US) LLP New York City office. He has a B.S., U.S. Merchant Marine Academy and J.D., Franklin Pierce Law Center. Mr. Textor is admitted to practice in New York and Texas. He is an ex-US Flag tanker deck officer. He represents maritime clients in shipping and chartering disputes, breach of liquid commodity sales contracts and related commercial arbitrations. In addition, he advises multinational energy companies, financing banks and trading institutions on complex coverage disputes arising from alleged damage to energy-related assets. His years as maritime counsel provide him with extensive experience in the petroleum and chemical industry, including hedging business risks through derivatives.
"Arbitration has been employed in the resolution of maritime disputes from the earliest times. The enormous complexities of building, operating and chartering modern vessels and trading arrangements and the disputes which often ensue require that arbitrators and counsel draw upon deep wells of practical experience and specialist knowledge. In Navigating Maritime Arbitration indeed the experts have spoken. The collected essays and articles, many by stalwarts of The Maritime Law Association, address today’s most important substantive areas of maritime dispute resolution, in the context of complex technical operations. This volume belongs within easy reach of any lawyer, arbitrator or commercial manager engaged in or affected by maritime arbitration." Francis X. Nolan, III, President, The Maritime Law Association of the United States
"Navigating Maritime Arbitration: The Experts Speak provides the most up-to-date and comprehensive guidance on the law and practice of maritime arbitration in the United States. Those needing to navigate these particular swirls and eddies of dispute resolution can have no better company than the distinguished authors of this magisterial commentary on current issues in this important field of commercial jurisprudence." Joe Hughes, Chairman and CEO, Shipowners Claims Bureau, Inc., Managers for The American P&I Club
"Whether embarking on one’s maiden voyage through maritime arbitration or sailing as an old hand, legal practitioners should chart their course using Navigating Maritime Arbitration: The Experts Speak. Practical and well-organized, this work will prove itself essential to inside counsel and their representatives. Unique features and pitfalls of this specialized field are called out usefully by subject matter." David H. Burt, DuPont Company Corporate Counsel (retired), International Commercial Arbitrator
"This book is a comprehensive guide to the most frequently recurring legal topics in maritime arbitrations in the U.S. The authors are among the most experienced arbitrators and lawyers specializing in this area of dispute resolution. The chapters are all informative and well-written and should be a standard reference work for any professional interested in maritime arbitration." Robert Shaw, President, Society of Maritime Arbitrators
"David Martowski and John Kimball, both distinguished maritime practitioners with vast arbitration experience, and members of the Society of Maritime Arbitrators, have edited Navigating Maritime Arbitration, a uniquely valuable collection of essays by the experts – those of us who have the knowledge and expertise to teach what they have learned in their multiple lives. My immediate reaction was: 'Wow… I wish this book had been available in my long-ago years as a novice admiralty lawyer!' One of many factors that favor New York maritime arbitration, under the rules of the Society of Maritime Arbitrators, is the availability of the process at a reasonable expense to the parties, the technical knowledge of the arbitrators themselves, and the speed and efficiency of the entire process. Navigating Maritime Arbitration, by some of the experts themselves, discusses many of the 'what you should know' issues of importance in modern maritime arbitration here in New York and, indeed, elsewhere. It is a 'must read' and 'must have' reference work for the parties’ to any arbitral proceeding involving our industry." Clay Maitland, Managing Partner, International Registries, Inc. and Chairman, NYMAR
"This is a book that all arbitrators involved in maritime matters need to read! David and John are outstanding arbitrators in maritime matters and it is a privilege to learn from their knowledge in this book." Camila Mendes Vianna Cardoso, Partner at Kincaid Mendes Vianna Advogados, Rio De Janeiro, Brazil
"Navigating Maritime Arbitration brings together an impressive cast of maritime arbitrators and counsel to provide a tour d’horizon of the field. With its practical insight on issues unique to maritime practice (like "tanking and terminal vetting”), and coverage of thorny matters of arbitral practice (such as the arbitrator’s subpoena power), this book is sure to appeal to the seasoned maritime arbitrator or counsel and the uninitiated alike." Stephanie Cohen, FCIArb, ICC/ICDR/AAA Arbitrator, Vice-Chair of the Chartered Institute of Arbitrators New York Branch
"Written by key and prime players in international maritime arbitration, this book will be a valuable and practical guide to all practitioners involved in this area. The insight, guidance and tactical considerations provided, covering the arbitration process from cradle to grave, from a client’s, lawyer’s and arbitrator’s perspective, make this book essential reading for everyone involved in maritime arbitration." Magne Andersen, Advokat M.N.A., Nordisk Legal Services
EDITORS
John D. Kimball is Partner of Blank Rome LLP. He also is an Adjunct Professor at New York University Law School. Mr. Kimball is a co-author of Time Charters (7th ed. 2014) and Voyage Charters (4th ed. 2014). In addition, he is a co-author of 3A Benedict on Admiralty, The Law of Salvage (2017) and has served as an arbitrator many cases.
David W. Martowski is the former President of the Society of Maritime Arbitrators (2001-2005) and currently serves on its Board of Governors. He is retired as Chairman of Thomas Miller (Americas) Inc. (1996-2004), where he served as a Miller partner and previously as President of TMA’s predecessor, Transport Mutual Services, Inc. (1979-1996). In addition, Mr. Martowski is a former partner in the New York admiralty firm Kirlin Campbell & Keating. He graduated from Boston College, Fordham School of Law and New York University Law School (LL.M. International Law). Mr. Martowski trained as a mediator at Harvard Law School and the Straus Institute of Dispute Resolution at Pepperdine University School of Law. He is co-author of Voyage Charters (4th ed. 2014).
CONTRIBUTORS
Charles B. Anderson is Senior Vice President, Skuld North America Inc., New York based representatives of the Skuld P&I Club. Previously, Mr. Anderson was a partner in Holland & Knight, where he practiced in all areas of maritime law, including marine casualties, carriage of goods and charterparty disputes. He was educated at Columbia College and received a Master’s degree from Princeton University and a law degree from Columbia Law School. He is co-author of Shipping and the Environment (Informa by Routledge), now in its second edition, and an adjunct professor of law at Columbia University where he teaches admiralty and marine environmental law. He is a Titulary Member of the Comité Maritime International and a member of the Society of Maritime Arbitrators in New York. Mr. Anderson has participated in numerous natural resource damage assessments involving marine oil and hazardous substance spills. In June 2010, he testified on behalf of the International Group of P&I Clubs before the House Committee on Transportation and Infrastructure on liability and financial responsibility under the Oil Pollution Act of 1990 following the Deepwater Horizon oil spill.
Thomas H. Belknap, Jr. is Partner in the New York office of Blank Rome LLP. He earned his B.A. from Tufts University in 1991 and J.D. (with distinction) from Emory University School of Law in 1996. Mr. Belknap’s practice focuses primarily on shipping and international commercial litigation and arbitration. He has handled a wide range of matters including marine casualty and salvage, charterparty disputes, insurance coverage disputes, maritime bankruptcy, cargo claims, and attachment and arrest actions. Mr. Belknap has been recognized in Chambers USA since 2009 as a leading U.S. shipping litigation attorney. He is co-author with partner John Kimball of Time Charters (7th ed. 2014) and of the annual revisions to Benedict on Admiralty Vol. 3A – The Law of Salvage. In addition, he is Editor of Blank Rome’s quarterly maritime newsletter, Mainbrace.
Lizabeth L. Burrell has represented and advised clients in international and domestic shipping and commercial matters, including chartering, insurance, carriage, casualties, and spot and long-term transactions for thirty-seven years. Ms. Burrell’s expertise includes public as well as private international law affecting commerce and shipping. She has practiced in several arbitration tribunals, from maritime to ICSID and is the first woman to be elected President of the Maritime Law Association of the United States. Ms. Burrell is a member of United States Secretary of State’s Advisory Committee on Private International Law.
Alice D. Colarossi is an Associate in the New York office of Squire Patton Boggs. She is a litigator who concentrates her practice on shipping, transportation and energy, as well as submarine cables and pipelines related areas. She advises vessel, cargo and submarine cables owners on various contractual, contentious and regulatory matters. Alice draws on her international background to help corporate and governmental clients solve their cross-border disputes.
K. Blythe Daly is Senior Counsel at Holland & Knight LLP in New York. Ms. Daly’s practice encompasses a broad range of domestic and international commercial shipping and private yacht matters on behalf of vessel owners, vessel charterers, commodities traders, freight forwarders, insurers, and cargo interests. Her experience includes settling, mediating, arbitrating, and litigating a variety of civil disputes as well as negotiating contracts and charter parties. Ms Daly has served as chair of the young lawyers committees of both the U.S. Maritime Law Association and the Comite Maritime International. Ms. Daly earned her B.A. from the University of Virginia and her J.D. from Tulane Law School where she served as the editor-in-chief of the Tulane Maritime Law Journal.
Louis Epstein is Senior Vice President and General Counsel of Trammo, Inc., an international commodities trading company, and is a member of Trammo’s Board of Directors. Prior to joining Trammo in 1992, Mr. Epstein worked at the law firm Reid & Priest, specializing in international arbitration and litigation. He is a graduate of Columbia University and of the University of Pennsylvania Law School. From September 2012 to September 2015, Mr. Epstein was Chair of the Arbitration Committee of the New York City Bar Association. He has served multiple terms as a member of the City Bar's International Commercial Disputes Committee and is a founding member of the International Arbitration Club of New York. Mr. Epstein has been a member of the SMA since May 2017.
Keith W. Heard is a 1977 graduate of Yale University and a 1980 graduate of the Vanderbilt University School of Law. He has practiced maritime law in New York since 1980 and is an Attorney in the firm of Lennon, Murphy & Philips LLC, concentrating on cargo damage, charter party and casualty work. Mr. Heard is a long-time member of the Maritime Law Association of the United States, having served for four years as Chairman of its Committee on Arbitration and ADR and for seven years as its delegate to the BIMCO Documentary Committee. In addition, he is a member of the Association of the Bar of the City of New York, where he chaired the Admiralty Committee from 2012 to 2015, and the Connecticut Maritime Association and he is an Editor of American Maritime Cases. Mr. Heard is a founder and director of NYMAR – New York Maritime Inc., a non-profit organization dedicated to promoting the transaction of maritime business and the resolution of maritime disputes in New York.
Leo G. Kailas is a Member of Reitler Kailas & Rosenblatt LLC. He earned his B.A. from Columbia College (cum laude) in 1970 and J.D. from Columbia Law School in 1973. Mr. Kailas was Chairman of the Admiralty Committee of the Association of the Bar of the City of New York from 1985 through 1988 and Secretary from 1984 through 1985. Mr. Kailas was Chair of the ADR and Arbitration Committee of the Maritime Law Association from 2014-2018. In addition, he co-authored a report on the effects on the Supplemental Admiralty Rules on proposed amendments to Rule 4 of the Federal Rules of Civil Procedure.
Edward A. Keane is a Partner in Mahoney & Keane, located in New York City. Mr. Keane received a B.A. from SUNY at Buffalo and a J.D. from Boston University. He has practiced in the field of admiralty for over 40 years, being active in court litigations and private arbitrations.
LeRoy Lambert is General Counsel, Charles Taylor P&I Management (Americas), Inc. (Jan 2018 to present) and was President/Regional Claims Director (2009-2017). He is a member of The Society of Maritime Arbitrators and German Maritime Arbitration Association. Mr. Lambert was partner, Blank Rome LLP (2006-2009) as well as partner (1991-2006) and associate (1984-2000), Healy & Baillie LLP. He was a judicial clerk for Chief Justice John A. Dixon, Jr. of the Louisiana Supreme Court (1983-1984) and received J.D., 1983, Tulane University School of Law where he was the Editor-in-Chief of The Maritime Lawyer (now The Tulane Maritime Law Journal) (1982-83). His graduate studies were at the University of Tuebingen, Tuebingen, Germany (1976-1978). In addition, Mr. Lambert was on The Board of Directors of the Maritime Law Association of the United States (2015-18); The Board of Directors of the Hellenic American Chamber of Commerce since 2001 and President from 2009 to 2011. Mr. Lambert is co-editor, The Arbitrator (newsletter of the SMA) and co-author of Voyage Charters (4th ed 2014).
Patrick F. Lennon is a founding Partner of Lennon, Murphy & Phillips, LLC, a firm specializing in maritime/shipping, commodities, insurance, trusts, estates, probate, real estate and commercial litigation and arbitration, servicing international and domestic clientele. He has diverse experience in litigation, trial, appeals, in the state and federal courts of New York, Connecticut, New Jersey, Rhode Island, Texas, Florida and other jurisdictions. His vast experience in domestic and international arbitration and mediation includes matters before the SMA, AAA, ICC, LCIA, LMAA, JAMS and the HKIAC. Mr. Lennon is rated “AV Preeminent” by Martindale-Hubble and is regularly recognized as a leading lawyer by Chambers; New York Super Lawyers Magazine and The International Who’s Who Legal. He earned his B.S. from West Chester University of Pennsylvania in 1987 and J.D. (magna cum laude) from Quinnipiac University School of Law in 1992. He is an adjunct Professor of law at Quinnipiac University School of Law.
Marisa A. Marinelli is a partner at Holland & Knight LLP in New York. Ms. Marinelli’s practice emphasizes litigation and arbitration of international commercial contracts and transactions, issues involving the international sale of goods and insurance coverage disputes. She represents clients in matters concerning marine casualties, transportation contracts, environmental claims, the Oil Pollution Act of 1990, CERCLA, and shipping company workouts. She has written extensively on cross-border arbitration topics. Ms. Marinelli graduated from the University of Virginia and Hofstra University School of Law, where she was the Editor-in-Chief of the Law Review. She also studied in Madrid, Spain and is fluent in Spanish.
Don P. Murnane, Jr. is a graduate of the United States Merchant Marine Academy at Kings Point where he ranked second in his graduating class. He earned his law degree at Georgetown University Law Center in Washington D.C. and has practiced maritime law in New York for more than 30 years (first with former Haight, Gardner Poor & Havens and then Freehill Hogan & Mahar LLP where he has been a partner since 1997) concentrating in all aspects of maritime litigation and arbitration. Mr. Murnane has testified in foreign litigation as a trial expert on U.S. maritime law and has served as an American Arbitration Association / International Centre for Dispute Resolution arbitrator. He serves as the current Chair of the U.S. Maritime Law Association’s Liaison Committee to the Society of Maritime Arbitrators, Inc., New York, and has written extensively on maritime arbitration topics. Mr. Murnane is rated “AV Preeminent” by Martindale-Hubble and has been consistently recognized for many years as a leading maritime attorney by Chambers; The Best Lawyers in America Guide; Expert Guide Best of the Best USA; New York Super Lawyers Magazine and The International Who’s Who of Shipping and Maritime Lawyers.
Armand M. Paré, Jr. began private practice in 1974, first as an Associate and later as a Partner with the firm of Kirlin, Campbell & Keating. In 1987, he became a partner with the firm of Nourse & Bowles, LLP and, in 2013, he became a partner with the firm of McLaughlin & Stern, LLP. The general focus of his practice has been wide ranging issues involved with the international sale and carriage of goods by sea. He has represented oil companies, commodity traders, insurance companies, government entities, ship yards, ship owners and vessel charterers. Mr. Paré has been the lead attorney in over 50 reported arbitration awards and over 50 reported decisions in the United States District Court for the Southern District of New York and has won 6 cases in the Court of Appeals for the Second Circuit. He successfully argued a case in the United States Supreme Court which, in a unanimous opinion, reversed a long standing maritime precedent concerning admiralty contract jurisdiction. Mr. Paré is the immediate past chairman of the Admiralty Committee of the New York City Bar Association, past chairman and vice chairman of the Arbitration and ADR Committee of the United States Maritime Law Association and a past director of that Association.
Anthony J. Pruzinsky is a Partner with Hill Rivkins LLP, with offices in New York, New Jersey, California and Texas. Mr. Anthony Pruzinsky’s career has been devoted primarily to the practice of admiralty and maritime law. His practice is concentrated largely in the marine transportation and insurance fields with an emphasis on cargo, charter party, multimodal transit and related matters. In addition, his work extends to commercial and international trading matters.
John J. Reilly is a Senior Partner in the New York office of Squire Patton Boggs. He earned his B.A. and J.D. from Fordham University in 1964 and 1967 respectively. John served as a captain in the US Marine Corps from 1967 to 1971, with a tour of duty in the Republic of Vietnam in 1968 and 1969. He is a trial lawyer who has served as lead counsel in federal trial and appellate litigation throughout the US involving antitrust, price-fixing conspiracies, monopoly, commercial and real estate disputes, RICO actions and class actions, as well as arbitrations in both US and global forums. In addition, John has been an arbitrator (including panel chairman) and counsel in numerous arbitrations involving commercial disputes, international disputes, maritime disputes and New York Stock Exchange proceedings relating to securities and other investments. He has advised and counseled clients regarding joint venture arrangements in several industries, including airline and shipping, and with respect to re-sale price maintenance programs, as well as in grand jury antitrust investigations into the shipping industry. He has served as a monitor in the New York City Integrity Monitoring Program and in the NY/NJ Port Authority Monitoring Program.
Peter Skoufalos is a Partner at Brown Gavalas & Fromm LLP, concentrating his practice in areas of commercial and maritime law with emphasis on complex arbitration, litigation and other forms of dispute resolution. He is a graduate of New York University and the Boston University School of Law; Chairman of the U.S. Maritime Law Association’s Arbitration and ADR Committee; Director, International Refrigerated Transport Association. Mr. Skoufalos has presented papers at the International Congress of Maritime Arbitrators, the Connecticut Maritime Association, the Association of Shipbrokers & Agents (ASBA) and the Society of Maritime Arbitrators. He is co-author of a published article on mediation of shipping disputes [26 Tul. Mar. L.J. 515 (2002)]; and co-author of Ship Agency: A Guide to Tramp Ship Agency Practice (3rd Ed. Witherby 2013).
James M. Textor is Shipping Counsel at Eversheds-Sutherland (US) LLP New York City office. He has a B.S., U.S. Merchant Marine Academy and J.D., Franklin Pierce Law Center. Mr. Textor is admitted to practice in New York and Texas. He is an ex-US Flag tanker deck officer. He represents maritime clients in shipping and chartering disputes, breach of liquid commodity sales contracts and related commercial arbitrations. In addition, he advises multinational energy companies, financing banks and trading institutions on complex coverage disputes arising from alleged damage to energy-related assets. His years as maritime counsel provide him with extensive experience in the petroleum and chemical industry, including hedging business risks through derivatives.
"Arbitration has been employed in the resolution of maritime disputes from the earliest times. The enormous complexities of building, operating and chartering modern vessels and trading arrangements and the disputes which often ensue require that arbitrators and counsel draw upon deep wells of practical experience and specialist knowledge. In Navigating Maritime Arbitration indeed the experts have spoken. The collected essays and articles, many by stalwarts of The Maritime Law Association, address today’s most important substantive areas of maritime dispute resolution, in the context of complex technical operations. This volume belongs within easy reach of any lawyer, arbitrator or commercial manager engaged in or affected by maritime arbitration." Francis X. Nolan, III, President, The Maritime Law Association of the United States
"Navigating Maritime Arbitration: The Experts Speak provides the most up-to-date and comprehensive guidance on the law and practice of maritime arbitration in the United States. Those needing to navigate these particular swirls and eddies of dispute resolution can have no better company than the distinguished authors of this magisterial commentary on current issues in this important field of commercial jurisprudence." Joe Hughes, Chairman and CEO, Shipowners Claims Bureau, Inc., Managers for The American P&I Club
"Whether embarking on one’s maiden voyage through maritime arbitration or sailing as an old hand, legal practitioners should chart their course using Navigating Maritime Arbitration: The Experts Speak. Practical and well-organized, this work will prove itself essential to inside counsel and their representatives. Unique features and pitfalls of this specialized field are called out usefully by subject matter." David H. Burt, DuPont Company Corporate Counsel (retired), International Commercial Arbitrator
"This book is a comprehensive guide to the most frequently recurring legal topics in maritime arbitrations in the U.S. The authors are among the most experienced arbitrators and lawyers specializing in this area of dispute resolution. The chapters are all informative and well-written and should be a standard reference work for any professional interested in maritime arbitration." Robert Shaw, President, Society of Maritime Arbitrators
"David Martowski and John Kimball, both distinguished maritime practitioners with vast arbitration experience, and members of the Society of Maritime Arbitrators, have edited Navigating Maritime Arbitration, a uniquely valuable collection of essays by the experts – those of us who have the knowledge and expertise to teach what they have learned in their multiple lives. My immediate reaction was: 'Wow… I wish this book had been available in my long-ago years as a novice admiralty lawyer!' One of many factors that favor New York maritime arbitration, under the rules of the Society of Maritime Arbitrators, is the availability of the process at a reasonable expense to the parties, the technical knowledge of the arbitrators themselves, and the speed and efficiency of the entire process. Navigating Maritime Arbitration, by some of the experts themselves, discusses many of the 'what you should know' issues of importance in modern maritime arbitration here in New York and, indeed, elsewhere. It is a 'must read' and 'must have' reference work for the parties’ to any arbitral proceeding involving our industry." Clay Maitland, Managing Partner, International Registries, Inc. and Chairman, NYMAR
"This is a book that all arbitrators involved in maritime matters need to read! David and John are outstanding arbitrators in maritime matters and it is a privilege to learn from their knowledge in this book." Camila Mendes Vianna Cardoso, Partner at Kincaid Mendes Vianna Advogados, Rio De Janeiro, Brazil
"Navigating Maritime Arbitration brings together an impressive cast of maritime arbitrators and counsel to provide a tour d’horizon of the field. With its practical insight on issues unique to maritime practice (like "tanking and terminal vetting”), and coverage of thorny matters of arbitral practice (such as the arbitrator’s subpoena power), this book is sure to appeal to the seasoned maritime arbitrator or counsel and the uninitiated alike." Stephanie Cohen, FCIArb, ICC/ICDR/AAA Arbitrator, Vice-Chair of the Chartered Institute of Arbitrators New York Branch
"Written by key and prime players in international maritime arbitration, this book will be a valuable and practical guide to all practitioners involved in this area. The insight, guidance and tactical considerations provided, covering the arbitration process from cradle to grave, from a client’s, lawyer’s and arbitrator’s perspective, make this book essential reading for everyone involved in maritime arbitration." Magne Andersen, Advokat M.N.A., Nordisk Legal Services
PDF of Title Page and TOC
Foreword
Biographies
CHAPTER 1 - The Society of Maritime Arbitrators of New York and Proceeding Under Its Rules
David W. Martowski
CHAPTER 2 - Compelling Arbitration
Marisa A. Marinelli and K. Blythe Daly
CHAPTER 3 - Parties
Edward A. Keane
CHAPTER 4 - Arbitrators’ Dilemma: Stick Your Head in The Sand?
John D. Kimball
CHAPTER 5 - Conducting Arbitration Proceedings
Leo G. Kailas
CHAPTER 6 - Discovery in U.S. Maritime Arbitration: Fairness, Balance, and Proportion
Lizabeth L. Burrell
CHAPTER 7 - Arbitral Subpoenas
Anthony J. Pruzinsky
CHAPTER 8 - Pre-Award Security and Other Interim Remedies in New York Maritime Arbitrations
Peter Skoufalos and David W. Martowski
CHAPTER 9 - Consolidation
Keith W. Heard
CHAPTER 10 - Attorneys’ Fees
LeRoy Lambert and David W. Martowski
CHAPTER 11 - Enforcing and Challenging Arbitral Awards
Thomas H. Belknap, Jr.
CHAPTER 12 - The Respective Cases for and Against Applying a Comparative Fault Analysis to the Safe Port/Safe Berth Warranty
Armand M. Paré, Jr. and Don P. Murnane, Jr.
CHAPTER 13 - Force Majeure
Patrick F. Lennon
CHAPTER 14 - Tanker and Terminal Vetting
James M. Textor
CHAPTER 15 - Drafting Arbitration Clauses for Shipbuilding Contracts
John J. Reilly and Alice D. Colarossi
CHAPTER 16 - Commodities Arbitration Under SMA Rules
Louis Epstein
CHAPTER 17 - Using Maritime Arbitration to Resolve Natural Resource Damage Claims – Time for a Change?
Charles B. Anderson