Federal Court Grants HM&B’s Motion to Compel Arbitration and Dismisses Suit in Favor of Luxury Small Cruise Ship Operator

Cheruvoth v. SeaDream Yacht Club Inc. et al, Case 1:19-cv-24416-DPG (In the US District Court, Southern District of Florida, 2019)

SeaDream Yacht Club operates small luxury cruise ships offered for charter.  Saleh Abdullah Kamel entered into a charterparty with SeaDream to sail on the SeaDream II throughout the Mediterranean.  After failing to go forward with the charter, Kamel sued SeaDream for return of his nonrefundable installment payment.  The agreement required all disputes to be resolved via binding arbitration in Oslo, Norway.  Nevertheless Kamel brought his claim in federal court.  The court agreed with HM&B’s analysis under the U.N. New York Convention and dismissed all claims against SeaDream.  The Motion was written by HM&B partner Evan Gutwein.