Moonpath Enterprises Ltd. v. Joint Stock Holding Co. Dalmoreproduct
Moonpath Enterprises Ltd. v. Joint Stock Holding Co. Dalmoreproduct
Opinion of the Court
MEMORANDUM
The claim of appellant Joint Stock Holding Co. Dalmoreproduct (“DMP”) for wrongful attachment is not precluded by the subsequent assignment of the subject of that attachment. Because the attachment had already taken place at the time that DMP assigned the cause of action to Mitsui, Inc. (“Mitsui”), the onus was on the parties to the assignment to explicitly include the right to challenge the attachment in their agreement. The language of the assignment clause is insufficient to absorb rights with regard to the preceding attachments, including any action for wrongful attachments. While DMP’s claim for
Although the wrongful attachment claim had to be litigated before the arbitration board if at all, DMP failed to raise it and the final arbitration award provides no relief on that claim. DMP also failed to contest the resulting arbitration award and the motion to confirm that award presented to the district court.
AFFIRMED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
. DMP’s response to the motion to confirm was to contest the validity of the writ of attachment, not the substance of the award itself.
Reference
- Full Case Name
- MOONPATH ENTERPRISES LIMITED Lavinia Corporation, and Mitsui & Company Ltd., Intervenor v. JOINT STOCK HOLDING COMPANY DALMOREPRODUCT
- Status
- Published