Fleetzero Inc. v. M/V Atlantic Power et al.

Summary

The United States District Court for the Western District of Louisiana grants Atlantic Oceanic, LLC’s motion to vacate the arrest of the vessels M/V Atlantic Power and M/V Atlantic Wind. The court concludes that, under Fifth Circuit precedent, Section 8 of the Federal Arbitration Act does not provide a basis for an in rem maritime action under Supplemental Rule C(1)(b) in a proceeding to confirm an arbitration award.

Holdings

1. Federal Arbitration Act § 8 does not confer jurisdiction or create a right against a vessel in rem and therefore does not provide the statutory basis required for an action under Supplemental Rule C(1)(b) in this vessel-arrest proceeding.
2. The warrants arresting the M/V Atlantic Power and M/V Atlantic Wind must be vacated because Fleetzero lacked a valid Rule C(1)(b) statutory basis for proceeding in rem.

Questions Presented

1. Whether Federal Arbitration Act § 8 provides a statutory basis for an in rem maritime action under Supplemental Rule C(1)(b) to arrest vessels in an action seeking confirmation of an arbitration award.
2. Whether the arrest warrants for the M/V Atlantic Power and M/V Atlantic Wind should be vacated under Supplemental Rule E(4)(f).

Disposition

other