By Victoria McKenzie (Oct 18, 2021, 10:01 p.m. EDT) – An Indian sailor who was burned in a ship incinerator accident more than 20 years ago urged the Fifth Circuit to rehear an award confirmation barring him from sue companies that were not a party to the arbitration or the underlying contract, claiming the ruling contradicts US Supreme Court precedent.
In a petition filed Friday, Vinod Kumar Dahiya said he should be granted a new bench hearing because the courts lack jurisdiction to determine whether his claims against non-parties could be arbitrated – and that for the same reason, a decision of a state court cannot prevent him from pleading these claims …
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