· 7/29/2009
Triton Marine Fuels Ltd. v. M/V Pacific Chukotka
Citations
- 575 F.3d 409
- 2009 A.M.C. 1885
- 2009 U.S. App. LEXIS 16682
- 2009 WL 2341980
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that in an in rem maritime lien action, the choice-of-law clause in the underlying contract was enforceable
- “concludefing] ERL had the authority to bind the Vessel to the provisions of the Bunker Confirmation.... ”
- rejecting the owner’s argument that it should not be bound by the choice-of-law provision in the bunker confirmation because the owner was not a party to the supply contract
- explaining that, “[p]rior to 1910, a maritime lien arose under United States law when necessaries were provided to a vessel in a port of a foreign country or state, but no such lien arose ... in a port of the vessel’s home state, unless a lien was authorized by local state law”
- “[M]aritime liens are stricti juris and cannot be created by agreement between the parties; instead, they arise by operation of law.” (citation omitted)
- \It is a fundamental tenet of maritime law that '[c]harterers and their agents are presumed to have authority to bind the vessel by the ordering of necessaries.' \
Source: CourtListener parenthetical corpus (CC0).
Judges: Shedd, Anderson, Reidinger, Western
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.