Moonpath Enterprises Ltd. v. Joint Stock Holding Co. Dalmoreproduct

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 *389 wrongful attachment was viable, the district court correctly granted the motion to compel arbitration submitted by Appellees Moonpath Enterprises Ltd. and Lavinia Corp. (collectively “Lavinia”). Under the Contract of Affreightment and companion Master Agreement (collectively “Agreement”) between Lavinia and DMP, the parties were bound to arbitrate “any matters, disputes or issues arising hereunder or in connection herewith.” Recognizing the strong federal policy favoring arbitration, we have interpreted arbitration clauses in accordance with the breadth of the…