Legal Opinion

The RICE COMPANY (SUISSE) v. Precious Flowers Ltd.

Court of Appeals for the Fifth Circuit

Decided April 2, 2008No. 07-20063PublishedCited by 24 opinions

1Opinion of the Court

PATRICK E. HIGGINBOTHAM, Circuit Judge:

Precious Flowers Limited (“Precious Flowers,” or the “vessel owner”) owned a vessel, the M/V NALINEE NAREE, and time chartered the vessel to IBN Agrotrading GmbH (“IBN”). The time charter included a London arbitration clause. The Rice Company 1 (or “the shipper”) bought rice to ship to Togo. It voyage chartered the vessel from IBN to ship the rice, but the vessel allegedly had unseaworthy hatch covers and the rice was damaged. The voyage charter required arbitration in New York, and the bill of lading 2 that would have issued, had the vessel not sailed…

2Cases cited31 opinions

  1. Moses H. Cone Memorial Hospital v. Mercury Construction Corp.Supreme Court of the United States · 1983
  2. Volt Info. Sciences, Inc. v. Bd. of Trustees of Leland Stanford Jr. U.Supreme Court of the United States · 1989
  3. Dean Witter Reynolds Inc. v. ByrdSupreme Court of the United States · 1985
  4. Bridas S.A.P.I.C. v. Government of TurkmenistanCourt of Appeals for the Fifth Circuit · 2003
  5. Southern Pacific Transportation Co. v. Commercial Metals Co.Supreme Court of the United States · 1982

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3Cited by24 opinions

  1. Century Indemnity Co. v. Certain Underwriters at Lloyd's, LondonCourt of Appeals for the Third Circuit · 2009
  2. Innova Hospital San Antonio, L.P. v. Blue Cross & Blue Shield of Georgia, Inc.District Court, N.D. Texas · 2014
  3. Auto Parts Manufacturing Mississippi, Inc. v. King Construction of Houston, L.L.C.Court of Appeals for the Fifth Circuit · 2015
  4. Rasheed Al Rushaid v. National Oilwell VarcCourt of Appeals for the Fifth Circuit · 2014
  5. Polyflow v. Spclt RTPCourt of Appeals for the Fifth Circuit · 2021

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