Cargill International S.A., and Cargill, B v. V. M/t Pavel Dybenko, Her Engines, Tackle, Etc., in Rem Novorossiysk Shipping Co., in Personam

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that an implied waiver of sovereign immunity “will not be implied absent strong evidence of the sovereign’s intent”
• finding that an agreement to arbitrate in a foreign country ought not to operate as a waiver of sovereign immuniiy in United States courts
• warning that “a broader interpretation would result in a vast increase in the jurisdiction of the federal courts over matters involving sensitive foreign relations”
• noting that courts ought not “extend” an implied “waiver in favor of third parties . . . absent strong evidence of the sovereign’s intent”
• “if [the plaintiff] is found to be a third party beneficiary to the Charter Party, it may be proper for the district court to enforce the arbitration agreement against [the defendant]”
• “[A]n agreement to arbitrate in a foreign country, without more, ought not to operate as a waiver of sovereign immunity in United States courts, especially in favor of a non-party to the agreement.”

Source: CourtListener parenthetical corpus (CC0).