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- Title
INTERNATIONAL--UN. CONVENTION--SERVICE--WAIVER--IN REM JURISDICTION--IN PERSONAM JURISDICTION--FEDERAL RULES OF CIVIL PROCEDURE--RESERVATION vs. RESTRICTION OF DEFENSES.
- Abstract
This article focuses on the civil case Sembawang versus Charger in 1991, which deals with issues arising under the United Nations (UN) Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Plaintiff Sembawang filed an action against the vessel M/V Charger and her owner Charger Inc. to enforce a maritime lien. Sembawang asserted in rem jurisdiction and seized the vessel. When Sembawang moved to confirm pursuant to the UN Convention, Charger moved to lift the stay and quash the service of the process. Because of a party's failure to show why improper service necessitated a refusal to recognize and enforce an arbitration award, the court granted the opposing party's motion to confirm the arbitration award.
- Subjects
INTERNATIONAL arbitration; ARBITRATION &; award; UNITED Nations; MARITIME liens; JURISDICTION (International law)
- Publication
Arbitration Journal, 1991, Vol 46, Issue 3, p72
- ISSN
0003-7893
- Publication type
Article