The United States Court of Appeals for the Fifth Circuit has dismissed a company’s appeal from a lower court’s order confirming the selection of a panel of arbitrators due to lack of subject matter jurisdiction. In Bordelon Marine, LLC v. Bibby Subsea ROV, LLC, No. 16-30847 (5th Cir. Apr. 14, 2017), two companies, Bordelon and Bibby, were ordered to arbitrate a contract dispute related to the charter of an offshore vessel. Before the dispute could be arbitrated, however, the two companies disagreed over the appointment of the arbitrators who would consider the case.
Bordelon filed a “Motion to Re-Open Case to Enforce the Method of Appointment of Arbitrators,” with the trial court and Bibby responded by asking the court to confirm the arbitrability of the matter and compel Bordelon to engage in arbitration proceedings before the selected arbitrators. The trial court granted Bibby’s request and denied Bordelon’s motion. After that, Bordelon filed an appeal with the nation’s Fifth Circuit Court of Appeals.
