Navigating Maritime Arbitration: The Experts Speak - Second Edition
Navigating Maritime Arbitration: The Experts Speak - Second Edition continues to provide the most up-to-date and comprehensive guidance on the law and practice of maritime arbitration in the United States. This book 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.
In this completely revised and updated Second Edition, the scope of the work was expanded to include maritime salvage cases which are arbitrated not only in New York, but also in Miami. A range of new chapters were added that readers will find to be useful regarding sanctions, sealed offers, and recreational boat salvage practices.
PDF of Title Page and Table of Contents
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 Marie E. Larsen
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
CHAPTER 18 - Sanctions
Michael Frevola and F. Robert Denig
CHAPTER 19 - Sealed Offers
Noe Hamra
CHAPTER 20 - Recreational Boat Salvage Practice
John Fulweiler
EDITORS
John D. Kimball is Senior Counsel 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 (5th ed. 2022). In addition, he is a co-author of 3A Benedict on Admiralty, The Law of Salvage and has served as an arbitrator in numerous cases and his extensive mediation experience. He is on the Panel of Arbitrators and Mediators of the International Centre for Dispute Resolution. He is a Titulary Member of the Comité Maritime International. For more information and contact details, see www.blankrome.com. He can be contacted at john.kimball@blankrome.com.
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 (5th ed. 2022). He is on the Panel of Arbitrators and Mediators of the International Centre for Dispute Resolution. He can be reached at davemartowski@gmail.com and (347) 432-3334.
CONTRIBUTORS
Charles B. Anderson is a full-time Maritime Arbitrator and Consultant. From 1998 to 2021 he was Senior Vice President and the head of Skuld North America, New York representatives of the Skuld P&I Club. Previously he 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 is a graduate of Columbia University and received a master’s degree from Princeton University and a law degree from Columbia Law School, where he later taught admiralty and maritime law. Charles is a Titulary Member of the Comité Maritime International and a member of the Society of Maritime Arbitrators and the International Yacht Arbitration Council. He is the co-author of Shipping and the Environment (Lloyd’s Shipping Law Library), now in its third edition, and is an internationally recognized expert in the field of marine pollution. From 2012 to 2015 he served on the Board of Directors of the U.S. Maritime Law Association and is currently a member of the board of the American-Scandinavian Foundation, the Norwegian-American Chamber of Commerce, the National Maritime Historical Society and the SS United States Conservancy. While on active duty with the U.S. Navy he served on destroyers and in naval intelligence and retired with the rank of Commander. He can be reached at cbanderson1952@gmail.com.
Thomas H. Belknap, Jr. is co-Practice Group Leader of Blank Rome LLP’s Maritime Practice, based in New York. He is also an Adjunct professor teaching the Maritime Law class at NYU Law School. Tom’s practice focuses primarily on shipping and international commercial litigation and arbitration, and he has handled a wide range of matters including marine casualties, charterparty disputes, insurance coverage disputes, maritime bankruptcy, cargo claims, and attachment and arrest actions. Tom has been recognized in Chambers USA since 2009 as a leading U.S. shipping litigation attorney. He is co-author of Time Charters (7th ed. 2014) and also 3A Benedict on Admiralty, The Law of Salvage. He can be reached at thomas.belknap@blankrome.com.
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. She can be reached at lizabethlburrell@gmail.com.
Alice D. Colarossi is Counsel in the New York office of Reed Smith LLP. Alice has extensive transactional experience in the maritime sector. She frequently advises on the financing of vessels, the structuring of vessel ownership (including in compliance with the U.S. Jones Act), and the construction, sales and chartering of vessels. Additionally, Alice is a maritime litigator by background and continues to often represent clients in charter party and other maritime disputes. She can be reached at acolarossi@reedsmith.com.
F. Robert Denig is a Partner in the New York office of Holland & Knight LLP specializing in maritime law. Mr. Denig’s maritime practice focuses on charter party and contract of affreightment disputes, cargo claims, collisions and other marine casualties, oil spills and environmental damage claims, salvage and general average. He has extensive experience with Rule B maritime attachments, Rule C arrests and Rule F limitation of liability proceedings, and he regularly represents clients in Society of Maritime Arbitrators (SMA) and Houston Maritime Arbitration Association (HMAA) arbitrations. In addition, Mr. Denig frequently represents clients with respect to environmental claims arising under the Oil Pollution Act of 1990, and in all phases of dispute resolution with a focus on international arbitration involving international sale of goods, the raw materials sector and mining operations, and he frequently represents public utilities and energy companies with respect to disputes and casualties involving undersea utilities and power transmission systems. He can be reached at robert.denig@hklaw.com.
Louis Epstein is Senior Vice President and General Counsel of Trammo, Inc and a member of its 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 (ICDC) 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 and is a member of its Board of Governors. He can be reached at louis.epstein@trammo.com.
Michael J. Frevola is a Partner with the New York office of Holland & Knight LLP specializing in maritime law. He focuses on charter party disputes, bunker quality and claim disputes, Rule B maritime attachments and Rule C arrests, lien priority and maritime bankruptcy disputes, vessel sales and purchase disputes, and collision litigation. He has been published and has spoken multiple times internationally regarding vessel arrests and attachments, bunker quality disputes, sales and purchase disputes and U.S. maritime arbitration. Mr. Frevola has represented the prevailing parties in two of the largest to date (as far as amounts in dispute) arbitrations in the history of the Society of Maritime Arbitrators Inc.: the $137 million OVERSEAS DONNA arbitration, in which he represented the vessel seller in a dispute over the vessel’s material condition, and the $300 million Commodities & Minerals Enterprise Ltd. dispute in which he (and his co-author Mr. Denig) obtained the largest-ever pre-arbitration security award for approximately $63 million. Mr. Frevola is a Special Professor of Admiralty Law at Hofstra University. He is the chairman of the Subcommittee for Maritime Liens and Ship Mortgages for the Federal Practice and Procedure Committee of the Maritime Law Association of the United States. Mr. Frevola and Mr. Denig were counsel of record for the prevailing shipowner in the ALKIMOS arbitration award discussed below. He can be reached at Michael.Frevola@hklaw.com.
John K. Fulweiler is formerly a Partner in a New York maritime law firm, graduated from the University of Rhode Island with a Marine Affairs degree and the University of Arkansas at Little Rock School of Law. In addition to being recognized by the Maritime Law Association as a Proctor-In-Admiralty, he is a licensed merchant mariner and served as a staff captain with a New England towing and salvage firm prior to law school. John’s practice focuses on representing businesses and individuals in disputes in-court and out-of-court as well as before arbitration panels and agency proceedings. John draws on his practical maritime experience in representing litigants in maritime personal injury suits, cargo damage claims, salvage and towage claims, commercial disputes and vessel products liability and warranty actions before both trial and appellate courts. His advocacy has garnered attention in such publications as Sounding’s TradeOnly Today, the New York Times and the international shipping publication, TradeWinds. John also possesses significant experience litigating aviation claims and drafting commercial transportation documentation. John is a member of the Maritime Law Association, the Connecticut Maritime Association, the Southeastern Admiralty Law Institute and the American Salvage Association. He is the Chairman of the American Salvage Association’s Membership Committee. He is an author of numerous articles for maritime trade publications such as WorkBoat Magazine and has lectured across the country on maritime issues ranging from towing and salvage to maritime collection remedies. His can be reached at john@fulweilerlaw.com.
Noe S. Hamra is a Senior Associate at Blank Rome LLP in New York. Mr. Hamra concentrates his practice on international commercial and insurance litigation and arbitration, with particular emphasis on the maritime industry. He also focuses on maritime insurance claims and cases for FD&D and P&I clubs. His experience includes settling, mediating, arbitrating, and litigating a variety of civil disputed as well as negotiating contracts and charter parties. Mr. Hamra has served as the co-chair of the New York County Lawyer Association’s Admiralty Committee and as Secretary of the Maritime Law Association of the United States’ Membership Committee. Mr. Hamra earned a B.A. from South Bank University, his M.A. from Universidad Carlos III de Madrid and his J.D. from Tulane Law School where he served as the editor-in-chief of the Tulane Journal of International and Comparative Law. He can be reached at Noe.Hamra@blankrome.com.
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. From 2012 to 2015, he chaired the Admiralty Committee of the Association of the Bar of the City of New York. He is a member of the Connecticut Maritime Association and has served as 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. He can be reached at kwh@lmplaw.net.
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 (Harlan Fiske Stone Scholar). He 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. In addition, he co-authored a report on the effects of the Supplemental Admiralty Rules on proposed amendments to Rule 4 of the Federal Rules of Civil Procedure. Mr. Kailas has appeared as counsel in dozens of SMA arbitrations and has sat as an SMA arbitrator in five or six reported awards. He can be reached at lkailas@reitlerlaw.com.
Edward A. Keane is a Partner in Mahoney & Keane, LLC, based in New York and admitted to the Federal and State courts of New York and New Jersey. He received a B.A. Magna Cum Laude 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, private arbitrations and Federal Maritime Commission actions. He can be reached at ekeane@mahoneykeane.com.
LeRoy Lambert is the Society of Maritime Arbitrators (SMA) President, 2021 to present; Vice-President, 2019–21; Member, 2016 to present. Counsel to the American Steamship Owners Mutual Protection & Indemnity Association, Inc., 2021 to present. He was General Counsel at Charles Taylor P&I Management (Americas), Inc., New York, 2018 to 2021, and President/Regional Claims Director, 2009 to 2017. He was Partner at Blank Rome from 2006–2009; and Associate/Partner at Healy & Baillie, 1984–2006. He served as Clerk from 1983–84 for Chief Justice John A. Dixon, Jr., Louisiana Supreme Court. He received a J.D. in 1983, from Tulane University School of Law and did post-graduate studies at Tübingen University, Germany, from 1976–78. He received a B.A. in 1976 from Louisiana State University. Lambert is Co-author of Voyage Charters (5th ed. 2022). He was also a Member of the Board of Directors of the Maritime Law Association (MLA) from 2015–2018. He is a Member of the Maritime Law Association of the U.S., Houston Maritime Arbitrators Association, German Maritime Arbitration Association, and the American Arbitration Association (Commercial Panel). For more information and contact details, see www.lambertadr.com. He can be contacted at leroy@lambertadr.com.
Marie Larsen is a Partner at Holland & Knight LLP in New York. Ms. Larsen’s maritime practice includes a broad range of domestic and international maritime issues, including Rule B attachment and Rule C arrest proceedings; international and domestic judgment enforcement and asset discovery; maritime bankruptcy and cross-border insolvency; maritime contracts and commercial litigation and arbitration. Ms. Larsen has extensive experience in a wide range of issues relating to U.S. maritime liens. She can be contacted at: Marie.Larsen@hklaw.com.
Patrick F. Lennon is a Founding Partner of Lennon, Murphy & Phillips, LLC, a firm specializing in maritime/shipping, commodities trade, insurance, trusts, estates, probate, real estate and commercial litigation and arbitration, servicing international and domestic clientele. He routinely advises international commodity trading houses on transactional and dispute-oriented matters. His vast experience in domestic and international arbitration and mediation includes matters before the Society of Maritime Arbitrators of New York, American Arbitration Association, International Chamber of Commerce, London Court of International Arbitration, London Maritime Arbitrators Association, JAMS and the Hong Kong International Arbitration Centre. Mr. Lennon is rated “AV Preeminent” by Martindale-Hubble and is regularly recognized as a leading lawyer by Chambers; New York Super Lawyers 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 has served as an adjunct Professor of law at Quinnipiac University School of Law. He may be contacted at pfl@lmplaw.net.
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. She can be contacted at: Marisa.Marinelli@hklaw.com.
Don P. Murnane, Jr. is a Graduate of Georgetown University Law Center and the United States Merchant Marine Academy at Kings Point where he ranked second in his graduating class. He has practiced maritime law in New York for nearly 40 years (first with former Haight Gardner Poor & Havens, and since 1997 with Freehill Hogan & Mahar LLP) concentrating in all aspects of maritime litigation and arbitration. Mr. Murnane has testified in foreign litigation as a trial expert on aspects of U.S. maritime law and has served as an appointed arbitrator and chair in proceedings before the AAA/ICDR and Society of Maritime Arbitrators (SMA) at New York. He is the immediate past co-chair of the U.S. Maritime Law Association’s Liaison Committee to the SMA and currently serves as the U.S. Maritime Law Association’s co-opted member to BIMCO’s Documentary Committee. He has lectured and written extensively on maritime arbitration topics, is rated “AV Preeminent” by Martindale-Hubble, and has been consistently recognized as a leading maritime attorney, by Chambers; The International Who’s Who of Shipping and Maritime Lawyers; The Best Lawyers in America Guide; Expert Guide Best of the Best USA. In 2022 was selected as “Best Lawyers -Admiralty Lawyer of the Year” for New York. He can be reached at MURNANE@freehill.com.
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, shipyards, 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. He can be reached at jpare@mclaughlinstern.com.
Anthony J. Pruzinsky is Counsel to Hill Rivkins LLP, with offices in New York, New Jersey and Texas. Mr. 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. He can be reached at apruzinsky@hillrivkins.com.
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 U.S. 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 U.S. involving antitrust, price-fixing conspiracies, monopoly, commercial and real estate disputes, RICO actions and class actions, as well as arbitrations in both U.S. 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. He can be reached at john.reilly@squirepb.com.
Peter Skoufalos is a Partner with the New York law firm of Brown Gavalas & Fromm LLP, concentrating his practice in areas of maritime and commercial law with an 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; former Chairman of the U.S. Maritime Law Association’s Arbitration and ADR Committee; former 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. Mr. Skoufalos 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). He can be reached at pskoufalos@browngavalas.com.
James M. Textor is Shipping Counsel at Eversheds-Sutherland (U.S.) 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-U.S. 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. He can be reached at JimTextor@eversheds-sutherland.us.
"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 Senior Counsel 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 (5th ed. 2022). In addition, he is a co-author of 3A Benedict on Admiralty, The Law of Salvage and has served as an arbitrator in numerous cases and his extensive mediation experience. He is on the Panel of Arbitrators and Mediators of the International Centre for Dispute Resolution. He is a Titulary Member of the Comité Maritime International. For more information and contact details, see www.blankrome.com. He can be contacted at john.kimball@blankrome.com.
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 (5th ed. 2022). He is on the Panel of Arbitrators and Mediators of the International Centre for Dispute Resolution. He can be reached at davemartowski@gmail.com and (347) 432-3334.
CONTRIBUTORS
Charles B. Anderson is a full-time Maritime Arbitrator and Consultant. From 1998 to 2021 he was Senior Vice President and the head of Skuld North America, New York representatives of the Skuld P&I Club. Previously he 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 is a graduate of Columbia University and received a master’s degree from Princeton University and a law degree from Columbia Law School, where he later taught admiralty and maritime law. Charles is a Titulary Member of the Comité Maritime International and a member of the Society of Maritime Arbitrators and the International Yacht Arbitration Council. He is the co-author of Shipping and the Environment (Lloyd’s Shipping Law Library), now in its third edition, and is an internationally recognized expert in the field of marine pollution. From 2012 to 2015 he served on the Board of Directors of the U.S. Maritime Law Association and is currently a member of the board of the American-Scandinavian Foundation, the Norwegian-American Chamber of Commerce, the National Maritime Historical Society and the SS United States Conservancy. While on active duty with the U.S. Navy he served on destroyers and in naval intelligence and retired with the rank of Commander. He can be reached at cbanderson1952@gmail.com.
Thomas H. Belknap, Jr. is co-Practice Group Leader of Blank Rome LLP’s Maritime Practice, based in New York. He is also an Adjunct professor teaching the Maritime Law class at NYU Law School. Tom’s practice focuses primarily on shipping and international commercial litigation and arbitration, and he has handled a wide range of matters including marine casualties, charterparty disputes, insurance coverage disputes, maritime bankruptcy, cargo claims, and attachment and arrest actions. Tom has been recognized in Chambers USA since 2009 as a leading U.S. shipping litigation attorney. He is co-author of Time Charters (7th ed. 2014) and also 3A Benedict on Admiralty, The Law of Salvage. He can be reached at thomas.belknap@blankrome.com.
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. She can be reached at lizabethlburrell@gmail.com.
Alice D. Colarossi is Counsel in the New York office of Reed Smith LLP. Alice has extensive transactional experience in the maritime sector. She frequently advises on the financing of vessels, the structuring of vessel ownership (including in compliance with the U.S. Jones Act), and the construction, sales and chartering of vessels. Additionally, Alice is a maritime litigator by background and continues to often represent clients in charter party and other maritime disputes. She can be reached at acolarossi@reedsmith.com.
F. Robert Denig is a Partner in the New York office of Holland & Knight LLP specializing in maritime law. Mr. Denig’s maritime practice focuses on charter party and contract of affreightment disputes, cargo claims, collisions and other marine casualties, oil spills and environmental damage claims, salvage and general average. He has extensive experience with Rule B maritime attachments, Rule C arrests and Rule F limitation of liability proceedings, and he regularly represents clients in Society of Maritime Arbitrators (SMA) and Houston Maritime Arbitration Association (HMAA) arbitrations. In addition, Mr. Denig frequently represents clients with respect to environmental claims arising under the Oil Pollution Act of 1990, and in all phases of dispute resolution with a focus on international arbitration involving international sale of goods, the raw materials sector and mining operations, and he frequently represents public utilities and energy companies with respect to disputes and casualties involving undersea utilities and power transmission systems. He can be reached at robert.denig@hklaw.com.
Louis Epstein is Senior Vice President and General Counsel of Trammo, Inc and a member of its 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 (ICDC) 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 and is a member of its Board of Governors. He can be reached at louis.epstein@trammo.com.
Michael J. Frevola is a Partner with the New York office of Holland & Knight LLP specializing in maritime law. He focuses on charter party disputes, bunker quality and claim disputes, Rule B maritime attachments and Rule C arrests, lien priority and maritime bankruptcy disputes, vessel sales and purchase disputes, and collision litigation. He has been published and has spoken multiple times internationally regarding vessel arrests and attachments, bunker quality disputes, sales and purchase disputes and U.S. maritime arbitration. Mr. Frevola has represented the prevailing parties in two of the largest to date (as far as amounts in dispute) arbitrations in the history of the Society of Maritime Arbitrators Inc.: the $137 million OVERSEAS DONNA arbitration, in which he represented the vessel seller in a dispute over the vessel’s material condition, and the $300 million Commodities & Minerals Enterprise Ltd. dispute in which he (and his co-author Mr. Denig) obtained the largest-ever pre-arbitration security award for approximately $63 million. Mr. Frevola is a Special Professor of Admiralty Law at Hofstra University. He is the chairman of the Subcommittee for Maritime Liens and Ship Mortgages for the Federal Practice and Procedure Committee of the Maritime Law Association of the United States. Mr. Frevola and Mr. Denig were counsel of record for the prevailing shipowner in the ALKIMOS arbitration award discussed below. He can be reached at Michael.Frevola@hklaw.com.
John K. Fulweiler is formerly a Partner in a New York maritime law firm, graduated from the University of Rhode Island with a Marine Affairs degree and the University of Arkansas at Little Rock School of Law. In addition to being recognized by the Maritime Law Association as a Proctor-In-Admiralty, he is a licensed merchant mariner and served as a staff captain with a New England towing and salvage firm prior to law school. John’s practice focuses on representing businesses and individuals in disputes in-court and out-of-court as well as before arbitration panels and agency proceedings. John draws on his practical maritime experience in representing litigants in maritime personal injury suits, cargo damage claims, salvage and towage claims, commercial disputes and vessel products liability and warranty actions before both trial and appellate courts. His advocacy has garnered attention in such publications as Sounding’s TradeOnly Today, the New York Times and the international shipping publication, TradeWinds. John also possesses significant experience litigating aviation claims and drafting commercial transportation documentation. John is a member of the Maritime Law Association, the Connecticut Maritime Association, the Southeastern Admiralty Law Institute and the American Salvage Association. He is the Chairman of the American Salvage Association’s Membership Committee. He is an author of numerous articles for maritime trade publications such as WorkBoat Magazine and has lectured across the country on maritime issues ranging from towing and salvage to maritime collection remedies. His can be reached at john@fulweilerlaw.com.
Noe S. Hamra is a Senior Associate at Blank Rome LLP in New York. Mr. Hamra concentrates his practice on international commercial and insurance litigation and arbitration, with particular emphasis on the maritime industry. He also focuses on maritime insurance claims and cases for FD&D and P&I clubs. His experience includes settling, mediating, arbitrating, and litigating a variety of civil disputed as well as negotiating contracts and charter parties. Mr. Hamra has served as the co-chair of the New York County Lawyer Association’s Admiralty Committee and as Secretary of the Maritime Law Association of the United States’ Membership Committee. Mr. Hamra earned a B.A. from South Bank University, his M.A. from Universidad Carlos III de Madrid and his J.D. from Tulane Law School where he served as the editor-in-chief of the Tulane Journal of International and Comparative Law. He can be reached at Noe.Hamra@blankrome.com.
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. From 2012 to 2015, he chaired the Admiralty Committee of the Association of the Bar of the City of New York. He is a member of the Connecticut Maritime Association and has served as 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. He can be reached at kwh@lmplaw.net.
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 (Harlan Fiske Stone Scholar). He 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. In addition, he co-authored a report on the effects of the Supplemental Admiralty Rules on proposed amendments to Rule 4 of the Federal Rules of Civil Procedure. Mr. Kailas has appeared as counsel in dozens of SMA arbitrations and has sat as an SMA arbitrator in five or six reported awards. He can be reached at lkailas@reitlerlaw.com.
Edward A. Keane is a Partner in Mahoney & Keane, LLC, based in New York and admitted to the Federal and State courts of New York and New Jersey. He received a B.A. Magna Cum Laude 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, private arbitrations and Federal Maritime Commission actions. He can be reached at ekeane@mahoneykeane.com.
LeRoy Lambert is the Society of Maritime Arbitrators (SMA) President, 2021 to present; Vice-President, 2019–21; Member, 2016 to present. Counsel to the American Steamship Owners Mutual Protection & Indemnity Association, Inc., 2021 to present. He was General Counsel at Charles Taylor P&I Management (Americas), Inc., New York, 2018 to 2021, and President/Regional Claims Director, 2009 to 2017. He was Partner at Blank Rome from 2006–2009; and Associate/Partner at Healy & Baillie, 1984–2006. He served as Clerk from 1983–84 for Chief Justice John A. Dixon, Jr., Louisiana Supreme Court. He received a J.D. in 1983, from Tulane University School of Law and did post-graduate studies at Tübingen University, Germany, from 1976–78. He received a B.A. in 1976 from Louisiana State University. Lambert is Co-author of Voyage Charters (5th ed. 2022). He was also a Member of the Board of Directors of the Maritime Law Association (MLA) from 2015–2018. He is a Member of the Maritime Law Association of the U.S., Houston Maritime Arbitrators Association, German Maritime Arbitration Association, and the American Arbitration Association (Commercial Panel). For more information and contact details, see www.lambertadr.com. He can be contacted at leroy@lambertadr.com.
Marie Larsen is a Partner at Holland & Knight LLP in New York. Ms. Larsen’s maritime practice includes a broad range of domestic and international maritime issues, including Rule B attachment and Rule C arrest proceedings; international and domestic judgment enforcement and asset discovery; maritime bankruptcy and cross-border insolvency; maritime contracts and commercial litigation and arbitration. Ms. Larsen has extensive experience in a wide range of issues relating to U.S. maritime liens. She can be contacted at: Marie.Larsen@hklaw.com.
Patrick F. Lennon is a Founding Partner of Lennon, Murphy & Phillips, LLC, a firm specializing in maritime/shipping, commodities trade, insurance, trusts, estates, probate, real estate and commercial litigation and arbitration, servicing international and domestic clientele. He routinely advises international commodity trading houses on transactional and dispute-oriented matters. His vast experience in domestic and international arbitration and mediation includes matters before the Society of Maritime Arbitrators of New York, American Arbitration Association, International Chamber of Commerce, London Court of International Arbitration, London Maritime Arbitrators Association, JAMS and the Hong Kong International Arbitration Centre. Mr. Lennon is rated “AV Preeminent” by Martindale-Hubble and is regularly recognized as a leading lawyer by Chambers; New York Super Lawyers 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 has served as an adjunct Professor of law at Quinnipiac University School of Law. He may be contacted at pfl@lmplaw.net.
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. She can be contacted at: Marisa.Marinelli@hklaw.com.
Don P. Murnane, Jr. is a Graduate of Georgetown University Law Center and the United States Merchant Marine Academy at Kings Point where he ranked second in his graduating class. He has practiced maritime law in New York for nearly 40 years (first with former Haight Gardner Poor & Havens, and since 1997 with Freehill Hogan & Mahar LLP) concentrating in all aspects of maritime litigation and arbitration. Mr. Murnane has testified in foreign litigation as a trial expert on aspects of U.S. maritime law and has served as an appointed arbitrator and chair in proceedings before the AAA/ICDR and Society of Maritime Arbitrators (SMA) at New York. He is the immediate past co-chair of the U.S. Maritime Law Association’s Liaison Committee to the SMA and currently serves as the U.S. Maritime Law Association’s co-opted member to BIMCO’s Documentary Committee. He has lectured and written extensively on maritime arbitration topics, is rated “AV Preeminent” by Martindale-Hubble, and has been consistently recognized as a leading maritime attorney, by Chambers; The International Who’s Who of Shipping and Maritime Lawyers; The Best Lawyers in America Guide; Expert Guide Best of the Best USA. In 2022 was selected as “Best Lawyers -Admiralty Lawyer of the Year” for New York. He can be reached at MURNANE@freehill.com.
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, shipyards, 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. He can be reached at jpare@mclaughlinstern.com.
Anthony J. Pruzinsky is Counsel to Hill Rivkins LLP, with offices in New York, New Jersey and Texas. Mr. 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. He can be reached at apruzinsky@hillrivkins.com.
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 U.S. 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 U.S. involving antitrust, price-fixing conspiracies, monopoly, commercial and real estate disputes, RICO actions and class actions, as well as arbitrations in both U.S. 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. He can be reached at john.reilly@squirepb.com.
Peter Skoufalos is a Partner with the New York law firm of Brown Gavalas & Fromm LLP, concentrating his practice in areas of maritime and commercial law with an 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; former Chairman of the U.S. Maritime Law Association’s Arbitration and ADR Committee; former 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. Mr. Skoufalos 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). He can be reached at pskoufalos@browngavalas.com.
James M. Textor is Shipping Counsel at Eversheds-Sutherland (U.S.) 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-U.S. 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. He can be reached at JimTextor@eversheds-sutherland.us.
"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 Table of Contents
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 Marie E. Larsen
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
CHAPTER 18 - Sanctions
Michael Frevola and F. Robert Denig
CHAPTER 19 - Sealed Offers
Noe Hamra
CHAPTER 20 - Recreational Boat Salvage Practice
John Fulweiler