George M. Chalos and Briton P. Sparkman were recently published in Benedict’s Maritime Bulletin for their article, “Case of First Impression – Is an Agreement on Security a Maritime Contract?”  The article provides a detailed analysis of the Third Circuit Court of Appeals’ decision in Nederland Shipping Corporation v. United States of America, 2021 U.S. App. LEXIS 33920 (3d Cir. Nov. 16, 2021).  The Third Circuit reversed the district court’s dismissal for lack of subject matter jurisdiction in a landmark ruling, holding that the primary objective of the Agreement on Security was maritime commerce and therefore it was a maritime contract subject to the Court’s admiralty jurisdiction.  The Third Circuit also found that the vessel owner had the right to pursue the statutory cause of action for damages in the district court pursuant to 33 U.S.C. § 1904(h).

To read the article in full, please download here.  Reprinted from 20 BENEDICT’S MAR. BULL. [1] (First Quarter 2022) with permission.

For more information about the article and/or about the Court’s decision and how it may apply to specific facts and circumstances, please do not hesitate to contact us at info@chaloslaw.com.