On June 2, the U.S. Court of Appeals for the Third Circuit reversed a district court’s order vacating the attachment of property under Rule B of the Supplemental Rules of Admiralty. The property at issue was seized in support of a time charterer’s claims pending in UK arbitration. The Third Circuit found that, in order to qualify as facially valid maritime claims for purposes of Rule B, the claims must be actually asserted and ready for adjudication. Applying English law to the claims, the Court held that while a claim for the breach of a charter party qualified, a claim for implied indemnity and a contingent breach of charter party claim did not.
Continue Reading Third Circuit Restores Rule B Attachment Based On Breach of Contract Claim Under English Law, Implied Indemnity Claim Not Enough
