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9 U.S.C. § 8

Section 8 · Proceedings begun by libel in admiralty and seizure of vessel or property

Amended 1 time on record

Applied in 92 court decisions — leading case Cunard Steamship Company Limited v. Salen Reefer Services Ab, United Brands Company, Garnishee (1985)

Most recently applied in SCL Basilisk AG v. Agribusiness United Savannah Logistics LLC (November 2017)

How often courts cite this section

19271940196019802000201770Cunard Steamship Company Limited v. Salen Reefer Services Ab, United Brands Company, Garnisheeleading · 1985 · Cunard Steamship Company Limited v. Salen Reefer Services Ab, United Brands Company, Garnishee
citing decisions per year

Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

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.

Editorial notes U.S. Code · Office of the Law Revision Counsel

Derivation

Act Feb. 12, 1925, ch. 213, §8, 43 Stat 884.

Federal Rules of Civil Procedure

Admiralty and maritime rules of practice (which included libel procedures) were superseded, and civil and admiralty procedures in United States district courts were unified, effective July 1, 1966, see rule 1 and Supplemental Rules for Certain Admiralty and Maritime Claims, Title 28, Appendix, Judiciary and Judicial Procedure.

Cross References

Power of Supreme Court to prescribe rules of practice and procedure and rules of evidence for cases in United States district courts and courts of appeals, see section 2072 of Title 28, Judiciary and Judicial Procedure.

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