Titan Marine, LLC v. Cape Flattery Limited

Issue: (1) Whether the general rule that a contract must be interpreted to fulfill the parties intentions applies with respect to an arbitration agreement when discerning whether the parties intended that foreign law should govern the threshold question whether the dispute is subject to arbitration; and (2) when parties agree to arbitrate “any disputes arising under this Agreement,” whether that restricts arbitration to only those disputes about the “interpretation and performance” of a contract, or it also includes disputes that would not have arisen but for their contract.

Briefs and Documents

Certiorari-stage documents

• Opinion below (9th Cir.)
• Petition for certiorari
• Brief in opposition
• Motion for leave to file and amicus brief of Law Professors
• Motion for leave to file and amicus brief of Chicago International Dispute Resolution Association
• Motion for leave to file and amicus brief of American Salvage Association et al.
• Motion for leave to file and amicus brief of California Bankers Association et al.
• Opposition of respondent to motion of Law Professors for leave to file amicus brief
• Opposition of respondent to motion of Chicago International Dispute Resolution Association for leave to file amicus brief
• Opposition of respondent to motion of American Salvage Association et al. for leave to file amicus brief
• Opposition of respondent to motion of California Bankers Association et al. for leave to file amicus brief
• Reply of petitioner