9 U.S.C. § 8 — Proceedings begun by libel in admiralty and seizure of vessel or property

submitted 79 years ago by ch. 392 to r/title-9-ARBITRATION · 81 words · no verdicts yet

in plain englishAI-generated · not legal advice

If an arbitration case could also be brought as an admiralty lawsuit, a party can start it by seizing the other side's vessel or property instead. The court then still sends the case to arbitration. The court keeps jurisdiction to enter the final judgment.

If the basis for a court's jurisdiction is a claim that could also be brought in admiralty court, then — despite anything else this title says — the party who feels wronged may start the case the traditional admiralty way: by filing a libel and seizing the other party's vessel or other property, following the usual admiralty court procedure. Even so, the court still has the power to order the parties to go through arbitration, and it keeps jurisdiction so it can later enter its own judgment based on the arbitration award.

the actual law source: uscode.house.gov ↗public domain

If the basis of jurisdiction be a cause of action otherwise justiciable in admiralty, then, notwithstanding anything herein to the contrary, the party claiming to be aggrieved may begin his proceeding hereunder by libel and seizure of the vessel or other property of the other party according to the usual course of admiralty proceedings, and the court shall then have jurisdiction to direct the parties to proceed with the arbitration and shall retain jurisdiction to enter its decree upon the award.

Source credit: (July 30, 1947, ch. 392, 61 Stat. 672.)

history & why it existsrecord from the source credit

1947Enacted · Act of July 30, 1947, ch. 392 · 61 Stat. 672

A history note hasn’t been published yet. The record shows enactment by ch. 392 on 1947-07-30.

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