Legal Opinion

Armada (Singapore) Pte Ltd. v. North China Shipping Co.

District Court, S.D. New York

Decided July 6, 2009No. 09 Civ. 5069 (WHP)Published

1Opinion of the Court

MEMORANDUM & ORDER

WILLIAM H. PAULEY III, District Judge:

Unable to obtain a Rule B maritime attachment, Plaintiff Armada (Singapore) Pte Ltd. (“Armada”) seeks an ex parte writ of attachment under New York state law. For the following reasons, Armada’s request is granted in part and denied in part.

BACKGROUND

On March 22, 2007, Armada and North China Shipping Co. Ltd. (BVI) (“North China”) entered into a forward freight swap agreement (the “Agreement”), which is a maritime contract. (Verified Complaint dated May 29, 2009 (“Compl.”) ¶ 3.) Forward freight agreements are commitments to perform…

2Cases cited8 opinions

  1. Capital Ventures International v. Republic of Argentina, No. 05-2591-CvCourt of Appeals for the Second Circuit · 2006
  2. STX Panocean (UK) Co. v. Glory Wealth Shipping Pte Ltd.Court of Appeals for the Second Circuit · 2009
  3. Consub Delaware LLC v. Schahin Engenharia LimitadaCourt of Appeals for the Second Circuit · 2008
  4. Bank of New York v. NickelAppellate Division of the Supreme Court of the State of New York · 2004
  5. Bahrain Telecommunications Co. v. Discoverytel, Inc.District Court, D. Connecticut · 2007

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