Weyerhaeuser Co. v. Western Seas Shipping Co., No. 83-2411

CourtUnited States Courts of Appeals. United States Court of Appeals (9th Circuit)
Writing for the CourtBefore WALLACE, SKOPIL, and NORRIS; NORRIS
Citation743 F.2d 635
PartiesWEYERHAEUSER COMPANY, Petitioner-Appellant, v. WESTERN SEAS SHIPPING CO., Eastern Seas Shipping Co., and Karlander (Australia) Pty. Ltd., Respondent-Appellee.
Docket NumberNo. 83-2411
Decision Date26 November 1984

Page 635

743 F.2d 635
1985 A.M.C. 30
WEYERHAEUSER COMPANY, Petitioner-Appellant,
v.
WESTERN SEAS SHIPPING CO., Eastern Seas Shipping Co., and
Karlander (Australia) Pty. Ltd., Respondent-Appellee.
No. 83-2411.
United States Court of Appeals,
Ninth Circuit.
Argued and Submitted April 10, 1984.
Decided June 22, 1984.
Rehearing and Rehearing En Banc Denied Aug. 16, 1984.
Certiorari Denied Nov. 26, 1984.
See 105 S.Ct. 544.

Page 636

Richard H. Sommer, Kirlin, Campbell & Keating, New York City, for petitioner-appellant.

John A. Flynn, Graham & James, D. Thomas McCune, Lillick, McHose & Charles, San Francisco, Cal., for respondent-appellee.

Appeal from the United States District Court for the Northern District of California.

Before WALLACE, SKOPIL, and NORRIS, Circuit Judges.

NORRIS, Circuit Judge:

Appellant Weyerhaeuser Company (Weyerhaeuser) appeals the district court's denial of its petition to compel the consolidation of two maritime arbitrations into a single arbitration before five arbitrators.

I

Appellee Trans-Pacific Shipping Co. * (Trans-Pacific) owns two ships that were time chartered by Weyerhaeuser. Weyerhaeuser subsequently subchartered the ships to appellee Karlander Australia Party Ltd. (Karlander). During the pendency of the subcharter, a dispute arose concerning cargo stowage restrictions.

Under the standard arbitration clause in the subcharter, Karlander demanded arbitration with Weyerhaeuser before a board of three commercial arbitrators over the losses it claims to have suffered as a result of Weyerhaeuser's allegedly unreasonable refusals to permit underdeck container stowage. Subsequently, under an identical clause in the headcharter, Weyerhaeuser demanded arbitration before three arbitrators with Trans-Pacific over Weyerhaeuser's right to indemnity from Trans-Pacific for any losses that Karlander may recover in its arbitration.

Weyerhaeuser petitioned the district court to compel consolidation of the two arbitrations into a single arbitration before five arbitrators. Both Trans-Pacific and Karlander opposed the petition to compel consolidated arbitration. The district court denied the petition, 568 F.Supp. 1220 (N.D.C.Cal.1983), and Weyerhaeuser appealed. We have jurisdiction of Weyerhaeuser's appeal under 28 U.S.C. Sec. 1291.

II

Weyerhaeuser asserts that this Court has the power to compel consolidation under the United States Arbitration Act, 9 U.S.C. Secs. 1-14, and under Fed.R.Civ.P. 81(a)(3) and 42(a). The principal authority relied upon by Weyerhaeuser for this proposition is Compania Espanola de Petroleos, S.A. v. Nereus Shipping, S.A., 527 F.2d 966 (2d Cir.1975), cert. denied, 426 U.S. 936, 96 S.Ct. 2650, 49 L.Ed.2d 387 (1976).

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55 practice notes
  • Yellowcake, Inc. v. Hyphy Music, Inc., 1:20-CV-0988 AWI BAM
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Eastern District of California
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    ...conversion of tangible property involve actions different from those proscribed in the copyright laws and thus, are not preempted. Oddo, 743 F.2d at 635. “While conversion is generally immune from preemption because it involves tangible property, conversion actions seeking only damages for ......
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    ...Co., 754 F.2d 847, 850 (9th Cir.1985) (absence of third party no defense to enforcement); Weyerhaeuser Co. v. Western Seas Shipping Co., 743 F.2d 635, 637 (9th Cir.), cert. denied, 469 U.S. 1061, 105 S.Ct. 544, 83 L.Ed.2d 431 (1984) The district court also found it significant that Nicaragu......
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    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
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    ...Benefit Plan v. Nations Personnel of Texas, Inc., 343 F.3d 355, 363 (5th Cir.2003); Weyer-haeuser Co. v. Western Seas Shipping Co., 743 F.2d 635, 637 (9th Cir.), cert. denied, 469 U.S. 1061, 105 S.Ct. 544, 83 L.Ed.2d 431 (1984). Moreover, it must be borne in mind that any arbitrations invol......
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  • Yellowcake, Inc. v. Morena Music, Inc., CASE NO. 1:20-CV-0787 AWI BAM
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Eastern District of California
    • March 1, 2021
    ...conversion of tangible property involve actions different from those proscribed in the copyright laws and thus, are not preempted. Oddo, 743 F.2d at 635. "While conversion is generally immune from preemption because it involves tangible property, conversion actions seeking only damages for ......
  • Yellowcake, Inc. v. Hyphy Music, Inc., 1:20-CV-0988 AWI BAM
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Eastern District of California
    • July 20, 2021
    ...conversion of tangible property involve actions different from those proscribed in the copyright laws and thus, are not preempted. Oddo, 743 F.2d at 635. “While conversion is generally immune from preemption because it involves tangible property, conversion actions seeking only damages for ......
  • Republic of Nicaragua v. Standard Fruit Co., Nos. 88-2585
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    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
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    ...Co., 754 F.2d 847, 850 (9th Cir.1985) (absence of third party no defense to enforcement); Weyerhaeuser Co. v. Western Seas Shipping Co., 743 F.2d 635, 637 (9th Cir.), cert. denied, 469 U.S. 1061, 105 S.Ct. 544, 83 L.Ed.2d 431 (1984) The district court also found it significant that Nicaragu......
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    ...Benefit Plan v. Nations Personnel of Texas, Inc., 343 F.3d 355, 363 (5th Cir.2003); Weyer-haeuser Co. v. Western Seas Shipping Co., 743 F.2d 635, 637 (9th Cir.), cert. denied, 469 U.S. 1061, 105 S.Ct. 544, 83 L.Ed.2d 431 (1984). Moreover, it must be borne in mind that any arbitrations invol......
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