Maritime Team K
Seattle
Members: Ross Kirkbaumer, Chad Weeks, and Emily Uhlig
Coaches: Student Coach: Kyle McLean Alumni Coach: Mike LaFond
Description of Issues:

This is an action by a seaman, Taras Shevchenko, seeking recovery of compensatory damages from his employer, Carousel Cruise Lines, Inc., for an alleged breach of the warranty of seaworthiness. Carousel owned and operated the vessel aboard which Shevchenko was working when the injury in suit occurred.The case is procedurally complicated by an arbitration decision rejecting Shevchenko’s claim. Carousel sought to enforce the arbitral award, but the district court refused to do so pursuant to the public policy defense in the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards.

By declining to enforce the arbitral award, the district court was free to reach the merits of the case. On the merits, the district court concluded after a bench trial that Carousel had breached its warranty of seaworthiness and awarded Shevchenko $254,174 in damages. On appeal, Carousel first contends that the district court should have enforced the arbitral award, thus making it unnecessary to reach the merits. If the arbitral award is not enforced, Carousel contends that the district court nevertheless erred in concluding that Shevchenko’s injury was proximately caused by a condition of transitory unseaworthiness rather than by an isolated act of operational negligence. 

Questions Presented: 

I. Whether this Court should enforce the arbitration award in accordance with the Federal Arbitration Act and the New York Convention because the public policy exception was intended to protect more fundamental and explicit rights.

II. Whether a misinterpretation of controlling law can render the Glacier Explorer liable for an injury resulting from an isolated act of operational negligence that did not make the vessel unreasonably fit for its intended service.

Scheduling Contact: Kyle McLean (kylemclean11@gmail.com)
Document(s): Bench memo will be emailed to judges.
DATE AND TIME ROOM JUDGE JUDGE JUDGE JUDGE JUDGE
Wed. February 7
7:00PM - 8:30PM F Jonathan Klaren clo CLOSED CLOSED CLOSED
Fri. February 9
11:00AM - 12:30PM 307B
Sun. February 11
12:00PM - 1:30PM K
Fri. February 16
11:00AM - 12:30PM 307B Sierra Luther Deepti Prabhakar
Sun. February 18
10:00AM - 1:00PM MCR
Mon. February 19
10:00AM - 11:30AM Tower 404
Wed. February 21
7:00PM - 8:30PM B
Fri. February 23
11:00AM - 12:30PM 307B
Mon. February 26
1:30PM - 3:00PM MCR
Tue. February 27
12:00PM - 1:00PM F
Fri. March 9
11:00AM - 12:30PM D
Sat. March 10
12:00PM - 1:00PM C
Sun. March 11
1:00PM - 4:00PM MCR
Mon. March 12
1:30PM - 3:00PM MCR
Fri. March 16
3:30PM - 5:00PM J
Sat. March 17
7:00PM - 9:00PM 410
Sun. March 18
2:00PM - 5:00PM MCR
Mon. March 19
1:30PM - 3:00PM MCR