Castro v. Tri Marine Fish Co., No. 17-35703 (9th Cir. 2019)Annotate this Case
Plaintiff filed suit against Tri Marine in Washington state court, seeking to recover additional expenses for a knee injury he experienced as a deck hand on one of Tri Marine's vessels. Tri Marine then removed the case to federal court and moved to confirm an order issued by an arbitrator in the Philippines as a foreign arbitral award. The district court denied plaintiff's motion to remand, confirmed the order, and dismissed the action.
The Ninth Circuit held that the parties' free-floating settlement agreement and order did not transform into an arbitral award simply because the parties convened with an arbitrator. The panel evaluated the award by looking to its essence and found several unique aspects of these proceedings that lead it to concluded that the order was not an arbitral award. In this case, there was no outstanding dispute to arbitrate by the time plaintiff and Tri Marine sat down with the arbitrator as the parties had already reached a settlement; the purported arbitration in no way followed the parties' prior agreements to arbitrate; and the procedure here deviated completely from typical Philippine procedures. The panel reversed in part and vacated in part, remanding for the district court to assess jurisdiction under the Convention Act and venue, as well as any defenses.
The court issued a subsequent related opinion or order on April 15, 2019.