Fedmet Corp. v. M/V Buyalyk, 194 F.3d 674 (5th Cir. 1999). · Go Syfert
Fedmet Corp. v. M/V Buyalyk, 194 F.3d 674 (5th Cir. 1999). Cases Citing This Book View Copy Cite
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cited 4× by 4 distinct cases, 2023–2024 · 2 courts · …istrict courts have discretion to dismiss cases in favor of arbitration. at p. 676
81 citation events (79 in the last 25 years) across 17 distinct courts.
Strongest positive: Jefferson-James v. Toyota Motor Credit Corp (lawd, 2024-08-01)
Treatment trajectory · 2000 → 2026 · click a year to view as-of
2000 2013 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Jefferson-James v. Toyota Motor Credit Corp
W.D. La. · 2024 · signal: see also · quote attribution · 1 verbatim quote · confidence high
istrict courts have discretion to dismiss cases in favor of arbitration.
discussed Cited as authority (verbatim quote) Hughes v. Uber Technologies, Inc.
E.D. La. · 2024 · signal: see also · quote attribution · 1 verbatim quote · confidence high
istrict courts have discretion to dismiss cases in favor of arbitration.
discussed Cited as authority (verbatim quote) Manheim v. Independent Specialty Insurance Company
E.D. La. · 2023 · signal: see also · quote attribution · 1 verbatim quote · confidence high
istrict courts have discretion to dismiss cases in favor of arbitration.
discussed Cited as authority (verbatim quote) Jean Lafitte Condominium, LLC v. Certain Underwriters at Lloyd's, London
E.D. La. · 2023 · signal: see also · quote attribution · 1 verbatim quote · confidence high
istrict courts have discretion to dismiss cases in favor of arbitration.
discussed Cited as authority (verbatim quote) Parrott v. DCG Inc
N.D. Tex. · 2020 · quote attribution · 1 verbatim quote · confidence high
we have previously held that district courts have discretion to dismiss cases in favor of arbitration under 9 u.s.c. 3.
discussed Cited as authority (rule) Gracie Faye Harris Finley v. AmeriCredit Financial Services, Inc., doing business as GM Financial, and Gulfport Capital, LLC, doing business as Champion Chrysler Dodge Jeep Ram (2×) also: Cited "see"
S.D. Miss. · 2025 · confidence medium
“If all of the issues raised before the district court are arbitrable, dismissal of the case is not inappropriate.” Fedmet Corp. v. M/V BUYALYK, 194 F.3d 674, 678 (5th Cir. 1999).10 Dismissal in this circumstance is without prejudice.
discussed Cited as authority (rule) Dean v. JPMorgan Chase Bank, N.A.
E.D. La. · 2024 · confidence medium
District courts have discretion in deciding whether to dismiss cases in favor of arbitration under 9 U.S.C. § 3.26 The Fifth Circuit has held that “[t]he weight of authority clearly supports dismissal of the case when all of the issues raised in the district court must be submitted to arbitration.”27 Defendant, however, fails to address whether “[a]ny post- arbitration remedies sought by the parties will not entail renewed consideration and adjudication of the merits of the controversy [and] would be circumscribed to a judicial review of the arbitrator’s award in the limited 24 See Do…
discussed Cited as authority (rule) Brundage Management Company, Inc. v. Certain Underwriters LLoyd's London
E.D. La. · 2024 · confidence medium
Servs., 2019 WL 1715832 , at *6). 39 Fedmet Corp. v. M/V BUYALYK, 194 F.3d 674, 676 (5th Cir. 1999) (citing Alford v. Dean Witter Reynolds, Inc., 975 F.2d 1161, 1164 (5th Cir. 1992) (“We have previously held that district courts have discretion to dismiss cases in favor of arbitration under 9 U.S.C. § 3 .”). dismissal, rather than a stay, is warranted, this matter must be stayed pending resolution of the arbitration proceedings.
discussed Cited as authority (rule) StoneX Commodity Solutions, LLC fka FCStone Merchant Services, LLC v. Garcia
S.D. Tex. · 2023 · confidence medium
APPLICATION Plaintiff does not dispute the enforceability of the arbitration clause and the Court agrees that the parties have effectively agreed to arbitrate “[a]ny controversy or claim arising out of or relating to [the parties’] Guaranty or any breach [t]hereof . . . .”26 However, Plaintiff argues that Defendant has waived his right to arbitration “because Defendant has substantially invoked the judicial process by participating in discovery, specifically requesting a jury trial, participating in discovery [sic] and engaging in extensive motion practice.”27 Specifically, Plaintiff…
cited Cited as authority (rule) West v. Pate
S.D. Miss. · 2023 · confidence medium
The Fifth Circuit has “held that district courts have discretion to dismiss cases in favor of arbitration under 9 U.S.C. § 3 .” Fedmet Corp. v. M/V BUYALYK, 194 F.3d 674, 676 (5th Cir. 1999).
discussed Cited as authority (rule) Noble Capital Fund Management, LLC v. US Capital Investment Management LLC
W.D. Tex. · 2023 · confidence medium
See Apache Bohai Corp., LDC v. Texaco China, B.V., 330 F.3d 307 , 310 n.9 (5th Cir. 2003); Fedmet Corp. v. M/V Buyalyk, 194 F.3d 674, 676 (5th Cir. 1999) (holding that “district courts have discretion to dismiss cases in favor of arbitration” but not implying any obligation to do so).
cited Cited as authority (rule) Palumbo v. AT&T Inc
N.D. Tex. · 2023 · confidence medium
Fedmet Corp. v. M/V BUYALYK, 194 F.3d 674, 678 (5th Cir. 1999).
discussed Cited as authority (rule) Hair v. RCJD Motors LLC
N.D. Tex. · 2022 · confidence medium
Dismissal of Hair’s Claims Is Appropriate Although the FAA provides that a stay is mandatory when a plaintiff brings suit upon an issue referable to arbitration under a valid arbitration agreement, if “all of the issues raised before the district court are arbitrable, dismissal of the case is not inappropriate.” Fedmet Corp. v. M/V BUYALYK, 194 F.3d 674, 678 (5th Cir. 1999) (noting that staying the case would serve no purpose where any post-arbitration remedies sought by the parties would not entail renewed consideration and adjudication of the merits).
cited Cited as authority (rule) Lowery v. Republic Finance, LLC
S.D. Miss. · 2022 · confidence medium
The Fifth Circuit has “held that district courts have discretion to dismiss cases in favor of arbitration under 9 U.S.C. § 3 .” Fedmet Corp. v. M/V BUYALYK, 194 F.3d 674, 676 (5th Cir. 1999).
discussed Cited as authority (rule) LLOG Exploration Offshore, LLC v. Samson Contour Energy E & P LLC
E.D. La. · 2022 · confidence medium
Additionally, as LLOG points out, a stay allows the Court to reopen and restore this case to its trial docket upon a motion from any party should circumstances change, such as the arbitrators deeming a claim or party non-arbitrable.17 Accordingly, this Court grants Defendants’ Motion insofar as it seeks to compel arbitration but denies the request for dismissal. 14 Apache Bohai Corp., LDC v. Texaco China, B.V., 330 F.3d 307 , 311 n.9 (5th Cir. 2003). 15 See Fedmet Corp. v. M/V Buyalyk, 194 F.3d 674, 676 (5th Cir. 1999) (holding that “district courts have discretion to dismiss cases in favo…
cited Cited as authority (rule) Espinoza v. CareerStaff Unlimited Inc
N.D. Tex. · 2022 · confidence medium
If all of the issues raised before the district court are arbitrable, dismissal of the case is not inappropriate.” Fedmet Corp. v. M/V Buyalyk, 194 F.3d 674, 678 (5th Cir. 1999).
discussed Cited as authority (rule) Scutt v. Thomas J. Henry Law pllc doing business as Thomas J. Henry Injury Attorneys
W.D. Tex. · 2022 · confidence medium
Apache Bohai Corp. v. Texaco China, 330 F.3d 307 , 311 & n.9 (5th Cir. 2003); Fedmet Corp. v. M/V Buyalyk, 194 F.3d 674, 679 (5th Cir. 1999) (holding that district court did not abuse its discretion by dismissing the case without prejudice in favor of arbitration).
discussed Cited as authority (rule) Corsaro v. Columbia Hospital At Medical City Dallas Subsidiary LP
N.D. Tex. · 2021 · confidence medium
Dismissal of Corsaro’s Claims Is Appropriate Although the FAA provides that a stay is mandatory when a plaintiff brings suit upon an issue referable to arbitration under a valid arbitration agreement, if “all of the issues raised before the district court are arbitrable, dismissal of the case is not inappropriate.” Fedmet Corp. v. M/V BUYALYK, 194 F.3d 674, 678 (5th Cir. 1999) (noting that staying the case would serve no purpose where any post-arbitration remedies sought by the parties would not entail renewed consideration and adjudication of the merits).
cited Cited as authority (rule) Stonegate Insurance Company v. Fletcher Reinsurance Company
N.D. Ill. · 2021 · confidence medium
Corp., 91 F. App’x 832, 835 (4th Cir. 2004); Fedmet Corp. v. M/V BUYALYK, 194 F.3d 674, 678 (5th Cir. 1999).
cited Cited as authority (rule) Pirzada v. AAA Texas, LLC
S.D. Tex. · 2021 · confidence medium
Fedmet Corp. v. M/V BUYALYK, 194 F.3d 674, 678 (5th Cir. 1999); Alford v. Dean Witter Reynolds, Inc., 975 F.2d 1161, 1164 (Sth Cir. 1992).
discussed Cited as authority (rule) Shaw v. Peraton, Inc.
S.D. Tex. · 2021 · confidence medium
No. 11 at 1. 56 Fedmet Corp. v. M/V BUYALYK, 194 F.3d 674, 676 (5th Cir. 1999) (citing Alford v. Dean Witter Reynolds, Inc., 975 F.2d 1161, 1164 (5th Cir. 1992)). 57 Fedmet Corp., 194 F.3d at 676 (citing Alford, 975 F.2d at 1164 ). 58 Fedmet Corp., 194 F.3d at 68–69 (citing Alford, 975 F.2d at 1164 ); Sea–Land Service, Inc. v. Sea–Land of Puerto Rico, Inc., 636 F.Supp. 750, 757 (D.Puerto Rico 1986). 59 Dkt.
discussed Cited as authority (rule) Morel v. U.S. Xpress, Inc. (2×) also: Cited "see"
E.D. La. · 2020 · confidence medium
Doc. 15-3 at pp. 13-14. 104 Id. at p. 13 (citing Fedmet Corp. v. M/V Buyalyk, 194 F.3d 674, 678 (5th Cir. 1999); Alford v. Dean Witter Reynolds, Inc., 975 F.2d 1161, 1164 (5th Cir. 1992)). 105 See, generally, R.
cited Cited as authority (rule) Trujillo v. Volt Management Corp.
W.D. Tex. · 2020 · confidence medium
Fedmet Corp. v. M/V BUYALYK, 194 F.3d 674, 678 (Sth Cir. 1999).
discussed Cited as authority (rule) R AND C OILFIELD SERVICES, LLC v. AMERICAN WIND TRANSPORT GROUP, LLC
W.D. Pa. · 2020 · confidence medium
Appx. 972, 975 (6th Cir. 2009) (disposing a party’s challenge to the dismissal of a suit on the basis that the district court must stay rather than dismiss the action); Choice Hotels Int’l, Inc. v. BSR Tropicana Resort, Inc., 252 F.3d 707 , 709— 10 (4th Cir. 2001) (acknowledging that “dismissal is a proper remedy when all of the issues presented in a lawsuit are arbitrable”); Fedmet Corp. v. M/V BUYALYK, 194 F.3d 674, 678 (Sth Cir. 1999) (finding that if all issues raised before the district court are arbitrable, dismissal of the case is not inappropriate); Sparling v. Hoffman Const.…
cited Cited as authority (rule) Rich v. Columbia Medical Center of Plano Subsidiary, L.P.
E.D. Tex. · 2020 · confidence medium
Fedmet Corp., 194 F.3d at 678 (citations omitted).
cited Cited as authority (rule) Goodwin v. Guaranty Bank and Trust Company
N.D. Miss. · 2019 · confidence medium
Phillips, 2013 WL 832306 , at *4 (citing Fedmet Corp. v. M/V BUYALYK, 194 F.3d 674, 676 (5th Cir. 1999).
discussed Cited as authority (rule) First United Methodist Church of Corinth, Inc. v. Certain Underwriters at Lloyds Subscribing to Policy No. PG197716
N.D. Miss. · 2019 · confidence medium
Alford v. Dean Witter Reynolds, Inc., 975 F.2d 1161, 1164 (Sth Cir.1992) (holding that retaining jurisdiction and staying an action “serve[s] no purpose” when all issues in the case are arbitrable); Fedmet Corp. v. M/V Buyalyk, 194 F.3d 674, 678 (5th Cir. 1999).
cited Cited as authority (rule) L2 Wireless v. Sprint Solutions Inc
N.D. Tex. · 2019 · confidence medium
If all of the issues raised before the district court are arbitrable, dismissal of the case is not inappropriate.” Fedmet Corp. v. M/V Buyalyk, 194 F.3d 674, 678 (5th Cir. 1999).
discussed Cited as authority (rule) American Family Mutual Insurance v. Tamko Building Products, Inc.
D. Colo. · 2016 · confidence medium
See, e.g., Choice Hotels International, Inc. v. BSR Tropicana Resort, Inc., 252 F.3d 707, 709-10 (4th Cir.2001); Green v. Ameritech Corp., 200 F.3d 967, 973 (6th Cir.2000); Fedmet Corp. v. M/V BUYA-LYK, 194 F.3d 674, 678 (5th Cir.1999); Bercovitch v. Baldwin School, Inc., 133 F.3d 141 , 156 & n. 21 (1st Cir.1998); Spar-ling v. Hoffman Construction Co., 864 F.2d 635 , 638 (9th Cir.1988); Black and Veatch International Co. v. Wartsila NSD North America, Inc., 1998 WL 953966 at *4 (D.Kan.
discussed Cited as authority (rule) Grasso Enters., LLC v. CVS Health Corp.
W.D. Tex. · 2015 · confidence medium
Apache Bohai Corp. v. Texaco China, 330 F.3d 307 , 311 & n. 9 (5th Cir.2003) (finding that the decision of the district court to stay the case pending arbitration was not an abuse of discretion); Fedmet Corp. v. M/V Buyalyk, 194 F.3d 674, 679 (5th Cir.1999) (holding that district court did not abuse its discretion by dismissing the case without prejudice in favor of arbitration).
discussed Cited as authority (rule) Johnson v. Orkin, LLC
N.D. Ill. · 2013 · confidence medium
Corp., 91 Fed.Appx. 832, 835 (4th Cir.2004) (“Accordingly, we vacate the court’s order denying [the defendant’s] motion to compel and remand with instructions to grant the motion to compel arbitration and dismiss the action.”); Choice Hotels Int’l, 252 F.3d at 709-10 (“Notwithstanding the terms of § 3, however, dismissal is a proper remedy when all of the issues presented in a lawsuit are arbitrable.”); Fedmet Corp. v. M/V BUYALYK, 194 F.3d 674, 678 (5th Cir.1999) (“If all of the issues raised before the district court are arbitrable, dismissal of the case is not inappropriate…
discussed Cited as authority (rule) Bridgestone Firestone North American Tire, LLC v. J & J Tire Co.
S.D. Miss. · 2009 · confidence medium
The Fifth Circuit has explicitly held that “district courts have discretion to dismiss cases in favor of arbitration under 9 U.S.C. § 3 .” Fedmet Corp. v. M/V BUYALYK, 194 F.3d 674, 676 (5th Cir.1999) (citing Alford v. Dean Witter Reynolds, Inc., 975 F.2d 1161, 1164 (5th Cir.1992)); Westervelt v. Bayou Management, L.L.C., 2003 WL 22533672 , *3-4 (E.D.La.2003) (“While § 3 of the FAA states that a court shall ‘stay’ judicial proceedings where the dispute is referable to arbitration, it does not expressly prohibit or even reference dismissal!,] [and] [a]s such, it has been held that d…
cited Cited as authority (rule) Armstrong v. Associates International Holdings Corp.
5th Cir. · 2007 · confidence medium
Fedmet Corp. v. M/V Buyalyk, 194 F.3d 674, 679 (5th Cir.1999); Alford v. Dean Witter Reynolds, Inc., 975 F.2d 1161, 1164 (5th Cir.1992).
discussed Cited as authority (rule) Gray v. Sage Telecom, Inc.
N.D. Tex. · 2006 · confidence medium
See Alford v. Dean Witter Reynolds, Inc., 975 F.2d 1161, 1164 (5th Cir.1992) (“The weight of authority clearly supports dismissal of the case when all of the issues raised in the district court must be submitted to arbitration.”) (emphasis in original); Fedmet Corporation v. M/V Buyalyk, 194 F.3d 674, 676 (5th Cir.1999) (upholding dismissal on arbitration grounds even though the plaintiff would have no remedy because the statute of limitations had run).
cited Cited as authority (rule) Hanson Pipe & Products, Inc. v. BRIDGE TECHNOLOGIES LLC
E.D. Tex. · 2004 · confidence medium
Alford v. Dean Witter Reynolds, Inc., 975 F.2d 1161, 1164 (5th Cir.1992) (citations omitted); Fedmet Corp. v. M/V BUYALYK, 194 F.3d 674, 678 (5th Cir.1999).
discussed Cited as authority (rule) Pride v. Ford Motor Co.
N.D. Miss. · 2004 · confidence medium
See Alford v. Dean Witter Reynolds, Inc., 975 F.2d 1161, 1164 (5th Cir.1992) (holding that retaining jurisdiction and staying an action “serve[s] no purpose” when all issues are arbitrable); Fedmet Corp. v. M/V Buyalyk, 194 F.3d 674, 678 (5th Cir.1999).
discussed Cited as authority (rule) Walter Oil & Gas Corp. v. Teekay Shipping (2×) also: Cited "see"
S.D. Tex. · 2003 · confidence medium
Further, although Section 3 of the FAA does not explicitly reference dismissal of a lawsuit, the Fifth Circuit has explained that “[i]f all of the issues raised before the district court are arbitrable, dismissal of the case is not inappropriate.” Fedmet Corp. v. M/V BUYALYK, 194 F.3d 674, 678 (5th Cir.1999); see also Alford v. Dean Witter Reynolds, Inc., 975 F.2d 1161, 1164 (5th Cir.1992).
discussed Cited as authority (rule) In Re: Apache Bohai
5th Cir. · 2003 · confidence medium
In Alford, we concluded that “the weight of 194 F.3d 674, 676 (5th Cir. 1999) (holding that authority clearly supports dismissal of a case when “district courts have discretion to dismiss cases in all of the issues raised in the district court must be favor of arbitration,” but not implying any submitted to arbitration.” Id. at 1164 (emphasis obligation to do so). omitted).
discussed Cited as authority (rule) Cybertek, Inc. v. Bentley Systems, Inc.
D. Neb. · 2002 · confidence medium
See, e.g., Alford v. Dean Witter Reynolds, Inc., 975 F.2d 1161, 1164 (5th Cir.1992) (Section 3 of FAA does not preclude dismissal when all of the claims must be submitted to arbitration); Fedmet Corp. v. M/V BUYALYK, 194 F.3d 674, 676 (5th Cir.1999) (district courts have discretion to dismiss cases in favor of arbitration under 9 U.S.C. § 3 ).
discussed Cited as authority (rule) Ellefson Plumbing Co. v. Holmes & Narver Constructors, Inc.
N.D. Miss. · 2000 · confidence medium
See Alford v. Dean Witter Reynolds, Inc., 975 F.2d 1161, 1164 (5th Cir.1992) (holding that retaining jurisdiction and staying an action “serve[s] no purpose” when all issues are arbitrable); Fedmet Corp. v. M/V Buyalyk, 194 F.3d 674, 678 (5th Cir.1999) (same).
discussed Cited as authority (rule) Klocek v. Gateway, Inc.
D. Kan. · 2000 · confidence medium
Accordingly, the Court concludes that dismissal is appropriate if plaintiffs claims are arbitrable. 3 Accord Fedmet Corp. v. *1336 M/V BUYALYK, 194 F.3d 674, 678 (6th Cir.1999) (dismissal appropriate if all issues raised before court are arbitrable); Sparling v. Hoffman Constr.
discussed Cited "see" Hill v. J P Morgan Chase Bank
E.D. La. · 2024 · signal: see · confidence high
See Fedmet Corp. v. M/V BUYALYK, 194 F.3d 674, 678 (5th Cir. 1999) (quoting Alford v. Dean Witter Reynolds, Inc., 975 F.2d 1161 , 1164 3 (Sth Cir. 1992) (“The weight of authority clearly supports dismissal of the case when all of the issues raised in the district court must be submitted to arbitration.”)).
cited Cited "see" Galvez v. Arandas Bakery No. 3, Inc.
S.D. Tex. · 2023 · signal: see · confidence high
See Fedmet Corp v M/V BUYALYK, 194 F3d 674, 679 (5th Cir 1999). 4.
cited Cited "see" Robinson-Williams v. C H G Hospital
5th Cir. · 2022 · signal: see · confidence high
See Fedmet Corp. v. M/V Buyalyk, 194 F.3d 674, 676, 679 (5th Cir. 1999).
discussed Cited "see" Priebe v. Advanced Structural Technologies, Inc.
E.D. La. · 2021 · signal: see · confidence high
The FAA further provides that, “[U]pon being satisfied that the issue involved in [a] suit or proceeding is referable to arbitration under such an agreement, [the court] shall on application of one of the parties stay the trial of the action until such arbitration has been had in accordance with the terms of the agreement . . . .”32 The Fifth Circuit has construed this provision as providing for a mandatory stay of litigation.33 While a court may not deny a stay in such a situation, the Fifth Circuit has clarified that, “This rule, however, was not intended to limit dismissal of a case i…
discussed Cited "see" Hardee v. CMH Homes, Inc
E.D. La. · 2021 · signal: see · confidence high
Pa. 1991)) (emphasis in original). 20 Apache Bohai Corp., LDC v. Texaco China, B.V., 330 F.3d 307 , 311 n.9 (5th Cir. 2003) (citing Alford, 975 F.2d at 1164 ). 21 Alford, 975 F.2d at 1164 ; See Fedmet Corp. v. M/V BUYALYK, 194 F.3d 674, 676 (5th Cir. 1999) (interpreting Alford to mean “district courts have discretion to dismiss cases in favor of arbitration”).
discussed Cited "see" Reed v. Royal Sonesta, Inc.
E.D. La. · 2020 · signal: see · confidence high
Pa. 1991)) (emphasis in original). 54 Alford, 975 F.2d at 1164 ; See Fedmet Corp. v. M/V BUYALYK, 194 F.3d 674, 676 (5th Cir. 1999 (interpreting Alford to mean “district courts have discretion to dismiss cases in favor of arbitration”). 55 Sherer v. Green Tree Servicing LLC, 548 F.3d 379, 381 (5th Cir. 2008) (citation omitted). 56 Id. (citation omitted). 57 Id. (quotation and quotation marks omitted). 58 Iheanacho v. Air Liquide Large Industries U.S. L.P., Civ.
cited Cited "see" Hampton v. McDermott International Inc
W.D. La. · 2019 · signal: see · confidence high
See Fedmet Corp. v. M/V BUYALYK, 194 F.3d 674, 679 (5th Cir. 1999).
discussed Cited "see" Tupper v. Bally Total Fitness Holding Corp. (2×)
E.D. Wis. · 2002 · signal: see · confidence high
See Fedmet Corp. v, M/V Buyalyk, 194 F.3d 674, 678 (5th Cir.1999).
cited Cited "see" PaineWebber Inc. v. Chase Manhattan Private Bank (Switzerland)
5th Cir. · 2001 · signal: see · confidence high
See Fedmet Corp. v. M/V Buyalyk, 194 F.3d 674, 676 (5th Cir.1999). 22 .
Retrieving the full opinion text from the archive…
FEDMET CORPORATION, Plaintiff-Appellant,
v.
M/V BUYALYK, Etc.; Et Al., Defendants, Noble Seafarer Ltd.; Combined Atlantic Carriers, Defendants-Appellees
99-20017.
Court of Appeals for the Fifth Circuit.
Nov 11, 1999.
194 F.3d 674
George Francis Chandler, III (argued), Robert Glen Moll, Hill, Rivkins & Hayden, Houston, TX, for Plaintiff-Appellant., Chester Joseph Makowski (argued), Royston, Rayzor, Vickery, Novak & Druce, San Antonio, TX, John F. Unger, Royston, Rayzor, Vickery & Williams, Houston, TX, for Noble Seafarer Ltd., Alan G. Sampson (argued), Benckenstein & Oxford, Beaumont, TX, for Combined Atlantic Carriers.
Smith, Barksdale, Parker.
Cited by 63 opinions  |  Published
ROBERT M. PARKER, Circuit Judge:

In this maritime cargo case, Plaintiff-Appellant Fedmet Corporation (“Fedmet”) brought suit against the M/V Buyalyk; her owner, Noble Seafarer Ltd. (“Noble”); and the charterer and bill of lading issuer, Combined Atlantic Carriers GmbH (“COMBAC”), for damage to a shipment of steel coils. Defendants-Appellees moved separately for dismissal or abatement of the action pending arbitration based on provisions in the bill of lading. The district court granted the motions and dismissed the case without prejudice to refiling. On appeal, Plaintiff-Appellant argues that the district court erred when it[*676] failed to stay rather than dismiss the case. We affirm.

I.

Defendant-Appellee COMBAC issued a bill of lading for a shipment of steel coils that were loaded onto the ocean-going vessel M/V Buyalyk at Sczecin, Poland in February 1997. The M/V Buyalyk traveled to the United States and discharged its cargo in Houston, Texas, and New Orleans, Louisiana in March and April 1997, respectively.

Plaintiff-Appellant Fedmet alleges that the coils arrived in damaged condition. On March 16, 1998, Fedmet commenced this suit in the United States District Court for the Southern District of Texas, Houston Division, seeking to recover approximately $125,000 for damage to the cargo. Although Fedmet named the M/V Buyalyk as a defendant in this action, Fed-met did not arrest the vessel. Accordingly, the action proceeded solely against COMBAC and Noble in personam.

On June 5, 1998, COMBAC moved to dismiss and/or abate or stay the case primarily on the basis that the terms of the bill of lading required the parties to resolve any dispute through arbitration in Germany pursuant to the German Maritime Arbitration Association (“GMAA”) Rules. Noble filed a similar motion on June 30, 1998. Fedmet opposed these motions on the basis that the arbitration clause was ambiguous and unworkable for three parties under GMAA rules.

The district court determined that the arbitration clause was enforceable and that all issues raised in the action were arbitra-ble. The district court granted both motions on September 28, 1998, and dismissed the ease without prejudice in favor of arbitration in Germany. On October 5, 1998, Fedmet moved to alter or amend the judgment, pursuant to Federal Rule of Civil Procedure 59(e), arguing that the case should have been stayed rather than dismissed. Fedmet protested that a dismissal left it with no effective remedy since the arbitration would likely be subject to a one-year statute of limitations. [1] For the first time, Fedmet argued that the matter was governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. § 1 (1994) et seq., and that pursuant to § 3 of the FAA, the court should have exercised its discretion to retain jurisdiction over the case pending arbitration. The district court denied Fedmet’s motion and Fedmet appealed. This appeal does not challenge the validity of the arbitration clause; the only question before us is whether the district court erred in its decision to dismiss without prejudice rather than stay the case pending arbitration.

II.

We have previously held that district courts have discretion to dismiss cases in favor of arbitration under 9 U.S.C. § 3. See Alford v. Dean Witter Reynolds, Inc., 975 F.2d 1161, 1164 (5th Cir.1992). Because a district court is afforded discretion in this determination, we review the decision to dismiss for abuse of that discretion. See id.

III.

A.

From the outset, it bears repeating that we remain “mindful of the strong federal policy favoring arbitration.” United Offshore Company v. Southern Deepwater Pipeline Co., 899 F.2d 405, 408 (5th Cir.1990). The preference for arbitration is such that any “[djoubts as to the availability of arbitration must be resolved in favor of arbitration.” Id. This partiality is reflected in § 3 of the FAA which provides:

[*677] If any suit or proceeding be brought in any of the courts of the United States upon any issue referable to arbitration under an agreement in writing for such arbitration, the court in which such suit is pending, upon being satisfied that the issue involved in such suit or proceeding is referable to arbitration under such an agreement, shall on application of one of the parties stay the trial of the action until such arbitration has been had in accordance with the terms of the agreement, providing the applicant for the stay is not in default in proceeding with such arbitration.

9 U.S.C. § 3 (1994).

In its Rule 59(e) motion, Plaintiff-Appellant argued that § 3 governed this litigation. Now on appeal, Fedmet introduces a new argument, namely that this is an admiralty case commenced in rem, and therefore, it is § 8 of the FAA not § 3, that controls. [2] Previously, Fedmet argued that under § 3 the district court should not have dismissed the case; Fedmet now argues that under § 8 the district court could not dismiss the case. [3]

Under the FAA, a party is entitled to commence legal proceedings by libel and seizure of the vessel or other property. See 9 U.S.C. § 8. Specifically, Section 8 of the FAA provides:

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.

9 U.S.C. § 8 (1994). The purpose of this section is to afford a measure of protection to the aggrieved party by providing a means of obtaining security for arbitration. See The Anaconda v. American Sugar Refining Co., 322 U.S. 42, 46, 64 S.Ct. 863, 88 L.Ed. 1117 (1944). Under the FAA scheme, the federal district court where the action is brought retains jurisdiction over the vessel or other property until an arbitration award is rendered and the award is satisfied. The important distinction between § 3 and § 8 is that the latter does not appear to afford the district court discretion to dismiss when the case is referred to arbitration. [4]

Of course, in this case there was no arrest of the vessel. Therefore, Plaintiff-Appellant has failed to satisfy the basic requirement found in the first portion of § 8 that the aggrieved party “begin [its] proceeding hereunder by libel and seizure of the vessel.” 9 U.S.C. § 8 (1994). Plaintiff-Appellant acknowledges this fact but explains that it “was unable to arrest the vessel” or otherwise “obtain jurisdiction over the vessel in this case.” It is Fed-met’s position that its failure to arrest the vessel is not fatal to its argument because “this Court has held in E.A.S.T., Inc. of Stamford, Conn. v. M/V ALAIA, 876 F.2d 1168, 1177-78 (5th Cir.1989), that a lack of in rem jurisdiction over the vessel does not[*678] affect the operation of Section 8 in an admiralty case.” We disagree.

In E.A.S.T., the parties agreed to charter the M/V ALAIA, but upon inspection of the vessel, the charterer, E.A.S.T., determined that she was unfit and unseawor-thy. E.A.S.T. rejected the ship and filed an action in rem under 9 U.S.C. § 8 in federal district court to compel arbitration and to obtain security for the arbitration award by arrest of the vessel. See id. at 1169-70. The vessel’s owners claimed that in rem jurisdiction was an insufficient basis upon which to refer the parties to arbitration. We held that the owners had submitted to the district court’s in person-am jurisdiction, and therefore there was no need to reach the question of whether in rem jurisdiction was in fact an adequate basis for referral. See id. at 1178. We did not hold that parties were free to invoke § 8 without first satisfying its in rem jurisdiction requirement.

Plaintiff-Appellant’s argument is based on a misreading of our holding in E.A.S.T. Yet, even if a narrow equitable exception were available, the facts of this case would not support its application. This is not a case in which an aggrieved plaintiff was left standing on the dock, complaint in hand, as the vessel escaped to sea. The plaintiff in this case waited approximately 12 months to commence this lawsuit. The fact that the M/V Buyalyk was not still waiting in port should not have been a surprise.

Having discarded § 8 as inapplicable to the case before us, we turn to the question of whether dismissal of the case was proper under § 3 of the FAA.

B.

Although the express terms of § 3 provide that “a stay is mandatory upon a showing that the opposing party has commenced suit upon any issue referable to arbitration under an agreement in writing for such arbitration ...,” Alford v. Dean Witter Reynolds, Inc., 975 F.2d 1161, 1164 (5th Cir.1992), we have interpreted this language to mean only that the district court cannot deny a stay when one is properly i*equested. Id. “This rule, however, was not intended to limit dismissal of a case in the proper circumstances.” Id. If all of the issues raised before the district court are arbitrable, dismissal of the case is not inappropriate. Id. As we explained in Alford:

Although we understand that plaintiffs motion to compel arbitration must be granted, we do not believe the proper course is to stay the action pending arbitration. Given our ruling that all issues raised in this action are arbitrable and must be submitted to arbitration, retaining jurisdiction and staying the action will serve no purpose. Any post-arbitration remedies sought by the parties will not entail renewed consideration and adjudication of the merits of the controversy but would be circumscribed to a judicial review of the arbitrator’s award in the limited manner prescribed by law.

Id. (quoting Sea-Land Service, Inc. v. Sea-Land of Puerto Rico, Inc., 636 F.Supp. 750, 757 (D.Puerto Rico 1986)).

In this case, any dispute arising from the shipment of the steel coils was governed by the provisions of the bill of lading and the contract of carriage. The bill of lading expressly provided that all claims were to be brought and decided in Bremen, Germany by arbitration under GMAA rules. Rather than comply with this provision, Fedmet chose to file suit in federal court approximately one year after the allegedly damaged cargo arrived at its destination ports. The prospect that the arbitration may now be time-barred is simply a consequence of Fedmet’s own making. Had Fedmet not waited a year to act, and then to act in circumvention of the express provisions of the bill of lading, the consequences of a dismissal without prejudice would not be so potentially harmful. At this late juncture, neither equity nor judicial economy favor Fedmet’s position.

[*679] In the case at hand, the district court determined that all of the claims and issues presented were subject to arbitration under the provisions of the bill of lading. In light of this determination, the district court concluded that dismissal without prejudice was the preferred means of enforcing the governing provisions of the bill of lading and permitting the parties to conduct arbitration in Germany. The district court acted well within its discretion when it dismissed this case without prejudice to re-filing.

IV.

Accordingly, for the reasons set forth above, we AFFIRM the judgment dismissing without prejudice Fedmet’s claims.

1

. Although Fedmet did not originally invoke the Carriage of Goods by Sea Act (“COSGA”), 46 U.S.C. § 1300 (1994) et seq., all parties agreed that provisions of the bill of lading mandated that COSGA governed the dispute. COSGA imposes a one-year statute of limitations on cargo damage actions. See 46 U.S.C. § 1303(6).

2

. Initially, Fedmet argued that the arbitration clause was defective and should not be enforced at all.

3

. Naturally, defendants-appellees object to the injection of this new argument as a breach of the long standing rule that "a party may not present a wholly new issue in a reviewing court.” Crawford v. Falcon Drilling Co., 131 F.3d 1120, 1123 (5th Cir.1997) (quoting 9A Charles Alan Wright & Arthur R. Miller, Federal Practice And Procedure § 2558, at 599 (2d ed. 1995)). Plaintiff-appellant claims that it argued broadly for a stay rather than dismissal, and that we are free to review any legal theory upon which the district could have relied. In this instance, the timeliness of Plaintiff-Appellant's argument has no affect on the outcome of this appeal since § 8 is inapplicable to this action.

4

.This circuit has yet to address the question of whether a district court retains some measure of discretion under § 8 and we need not take a definitive position on the issue today.