Navieros Inter-Americanos, S.A. v. M/V Vasilia Express

How courts have described this case

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

• holding a delay of a month “long and prejudicial” where expedited schedule meant delay “lasted from the filing of the complaint to the eve of trial”
• moving for arbitration the day before trial considered as part of waiver analysis
• considering “the fact that trial was expedited” in holding that a motion to intervene was timely even when made on the day the trial court issued its opinion
• finding prejudice, despite only one month delay from filing of complaint to request to arbitrate, where the request came on the eve of trial after the parties had “scrambled to prepare their cases”
• requiring “[t]he party opposing the motion to compel arbitration” to show prejudice
• prejudice found as a result of expenses related to litigation that would not have been incurred in arbitration proceedings

Source: CourtListener parenthetical corpus (CC0).