Brier v. Northstar Marine Inc.

1992 WL 350292 (1992)

From our private database of 46,300+ case briefs, written and edited by humans—never with AI.

Brier v. Northstar Marine Inc.

United States District Court for the District of New Jersey
1992 WL 350292 (1992)

Facts

On October 21, 1990, a yacht owned by John H. Brier (plaintiff) ran aground while travelling from Connecticut to Maryland. Brier contacted Northstar Marine Inc. (defendant) to ask for help refloating his yacht, and Northstar told Brier it could help refloat the yacht. Northstar’s owner, Captain Risko, read Brier the “Miranda Act for Salvors,” stating that Brier would allow Northstar Marine to conduct the operation without a prearranged price and that Northstar would subsequently submit a claim for payment. Brier later signed the Lloyd’s Standard Form document agreeing to the terms outlined by Risko on October 22, 1990. When Northstar later charged Brier for refloating and towing the yacht, Brier refused to pay. Brier sought a declaratory judgment finding that the agreement was an invalid adhesion contract. Northstar responded that the contract stated the parties would submit any disputes to arbitration by Lloyd’s of London’s Arbitration Panel in London. Northstar, therefore, sought to compel arbitration in London under the New York Convention. Brier argued that the New York Convention did not apply as the parties were American citizens and the parties’ relationship was not reasonably related to England. Northstar asserted that, under Fuller Co. v. Compagnie des Bauxites de Guinea, an agreement demonstrating a clear intent for arbitration under English law as part of an arbitration in London must be enforced under 9 U.S.C. § 202 and the New York Convention.

Rule of Law

Issue

Holding and Reasoning (Rosen, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 815,000 law students since 2011. Some law schools even subscribe directly to Quimbee for all their law students.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

Here's why 815,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 815,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,300 briefs - keyed to 988 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership