Maritime Respondent
Seattle, WA
Members: Adam Arce, Deepti Prabhakar
Coaches: Miranda Rowley & Cassie Shryock
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: Miranda Rowley (miranda.rowley@uchastings.edu)
Document(s):
DATE AND TIME ROOM JUDGE JUDGE JUDGE JUDGE JUDGE
Fri. February 9
2:00PM - 4:00PM MCR
Sat. February 10
12:00PM - 2:00PM K Irene Lee
Mon. February 12
3:30PM - 4:30PM E Brittany
Tue. February 13
6:30PM - 8:30PM MCR Jillian Kaltner
Wed. February 14
3:30PM - 4:30PM K Swetha Gopalakrishnan Paige Adaskaveg Carson Riley
Fri. February 16
1:00PM - 3:00PM F Madeline Landry
Sun. February 18
10:00AM - 12:00PM MCR Joint Practice
Mon. February 19
12:00PM - 1:00PM TBD Closed
Tue. February 20
6:30PM - 8:30PM H
Thu. February 22
12:00PM - 1:00PM TBD
Mon. February 26
12:00PM - 1:00PM C
Tue. February 27
6:30PM - 8:30PM 219
Wed. February 28
3:30PM - 4:30PM C
Thu. March 1
12:00PM - 1:00PM E
7:00PM - 9:00PM F
Fri. March 2
9:00AM - 11:00AM J
Mon. March 5
1:00PM - 3:00PM MCR Closed Closed Closed Closed Closed
Mon. March 12
12:00PM - 1:00PM MCR Swetha Gopalakrishnan
Wed. March 14
12:00PM - 1:00PM F
Thu. March 15
12:00PM - 1:00PM F
Fri. March 16
10:00AM - 12:00PM D
Sat. March 17
10:00AM - 12:00PM MCR
4:00PM - 6:00PM 410 FUN Practice
Mon. March 19
12:00PM - 1:00PM C