Cape Flattery Ltd v Titan Maritime LLC (The “Cape Flattery”) – US District Court for the District of Hawaii (J Michael Seabright DJ) – 19 March 2009
Arbitration – Salvage agreement - Vessel running aground on submerged reef – Shipowners entering into salvage agreement containing London arbitration clause – Shipowners held liable for oil spill under Oil Pollution Act 1990 – Shipowners alleging that salvors acted with gross negligence – Shipowners seeking indemnity or contribution from salvors – Whether dispute fell within scope of arbitration clause
On 2 February 2005 the vessel Cape Flattery ran aground on a submerged reef off Hawaii. On 4 February 2005 the plaintiff shipowners signed a salvage agreement with the defendant. The agreement contained a London arbitration clause providing that “Any dispute arising under this Agreement” should be settled by London arbitration.
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Michael Daiches, Barrister
Oct 13 2009
