App. It adds that its parent does not, and has not, engaged in any business in the Virgin Islands. The retrofitting of the refinery is expected to create 1,200 temporary construction jobs. Lloyd argues that the District Court erred in not considering his request to conduct discovery, but he does not cite any motion that the court denied or allege that he was deprived of the opportunity to conduct discovery on his own. The US Virgin Islands, which were purchased from Denmark for $25 million in gold in 1917, lie east of Puerto Rico and form part of the same archipelago as the British Virgin Islands. If any suit or proceeding be brought in any of the courts of the United States upon any issue referable to arbitration under an agreement in writing for such arbitration, the court in which such suit is pending, upon being satisfied that the issue involved in such suit or proceeding is referable to arbitration under such an agreement, shall on application of one of the parties stay the trial of the action until such arbitration has been had in accordance with the terms of the agreement, providing the applicant for the stay is not in default in proceeding with such arbitration. We exercise plenary review over questions regarding the validity and enforceability of an agreement to arbitrate. See Blair v. Scott Specialty Gases, 283 F.3d 595, 602 (3d Cir. § 16(b) (1) & (2), however, an appeal may not be taken (except as provided by 28 U.S.C. 2002) (holding that the jurisdictional ruling in Green Tree, where the action had been dismissed with prejudice, applies equally to a case that was dismissed without prejudice). The islands, which include St. Croix, St. Thomas and St. John, are a US territory and its 106,000 residents, who elect a governor and a 15-member senate, are US citizens. Hydrocarbon Processing’s Construction Boxscore Database has been serving the global HPI with timely and reliable data of active construction projects for more than 60 years. Third, it must be likely, as opposed to merely speculative, that the injury will be redressed by a favorable decision. Lloyd's primary argument on appeal is that Wyatt used the DRA in a discriminatory manner as part of a "purposeful scheme to contravene unambiguous Virgin Islands public policy, as reflected by the V.I. § 16(a) (3) provides that "an appeal may be taken from a final decision with respect to an arbitration that is subject to this title. The directive that the Court "shall" enter a stay simply cannot be read to say that the Court shall enter a stay in all cases except those in which all claims are arbitrable and the Court finds dismissal to be the preferable approach. of Third Circuit opinions. Hess Corp. built the refinery in 1966 and formed a joint venture with Petroleos de Venezuela SA in 1998 to create Hovensa. Indeed may be compensated by these employers, helping keep Indeed free for jobseekers. 2001) ("Notwithstanding the terms of § 3, however, dismissal is a proper remedy when all of the issues presented in a lawsuit are arbitrable. Invoking the provisions of an arbitration agreement entered into as a condition of Lloyd's application, Appellees filed a motion to compel arbitration of Lloyd's claims and to stay the proceedings pending arbitration. However, "to the extent that the district court predicated its decision on findings of fact, our standard of review is whether those findings were clearly erroneous." The St. Croix refinery in the US Virgin Islands, which went from being the world’s largest to being closed, is poised to see new life, capitalizing on the US shale boom that has boosted oil supply in the region. Although we agree with Wyatt that the District Court's order dismissing Lloyd's case must be reversed, we reject the argument that reversal would, in turn, deprive us of jurisdiction to hear the merits of Lloyd's appeal. The DRA states, in relevant part: I recognize that differences may arise between Wyatt and me in relation to my application for employment. Finally, the District Court severed the confidentiality provisions of AAA Rules 17, 18 and 34 from the DRA and granted Wyatt and HOVENSA's motion to compel arbitration. 2d 351 (1992) (citations and internal quotations and footnote omitted). Nov. 27, 2001 — A change in the maintenance contractor at the Hovensa refinery on St. Croix will likely result in layoffs of about 250 workers at the end of the year. (emphasis added). Lloyd thereafter filed this action against both Wyatt and HOVENSA. Kenneth Mapp unveiled a sweeping plan Monday morning to restart refining efforts at the former HOVENSA plant, inject millions of … The District Court further held that the most Lloyd had shown was that Wyatt differentiated between applicants on the basis of residency and nothing more. Asia and Europe join the feedstock evolution with steam crackers. Lloyd, accordingly, had ample opportunity to dispute HOVENSA's status as an intended beneficiary of the DRA and to challenge the arbitrability of his claims against it, As we have noted, the DRA allows HOVENSA, as an intended beneficiary, to compel arbitration of claims arising out of Lloyd's employment and employment application. The factual circumstances in this case are substantially the same as those in Parilla and the parties have also presented substantially the same arguments that were presented in that case. 1994); Frank v. Colt Indus., Inc., 910 F.2d 90, 99-100 (3d Cir. § 7. Appellant's Br. 1999) ("The party challenging a contract provision as unconscionable generally bears the burden of proving unconscionability. 1998) and Blair, 283 F.3d at 601. It is true that our case law, as well as the decisions of other courts, has often referred to a party's "standing" to compel arbitration. Lloyd argues before us for the first time that HOVENSA failed to demonstrate that it was an intended third party beneficiary of the DRA. Here, Lloyd has failed to present any evidence in attempting to meet this burden. 1998); Britton v. Co-op Banking Group, 916 F.2d 1405, 1413 (9th Cir. This agreement extends to disputes with or claims against Wyatt V.I., Inc., HOVENSA, L.L.C., and any of their related or affiliated companies, entities, or individuals (as intended third party beneficiaries). § 16(a) (3). The District Court exercised supplemental jurisdiction over Lloyd's Virgin Islands claims pursuant to 28 U.S.C. "), and Bercovitch v. Baldwin School, Inc., 133 F.3d 141, 156 & n. 21 (1st Cir. It is the only database to cover active, global construction projects for the refining, petrochemical, natural gas and LNG industries. Retail gasoline prices across the US could fall when the refinery restarts, because they are based on futures contracts that hinge on supplies in the New York Harbor. The refinery will be positioned to supply refined products to the US East Coast, the Caribbean, South America and other markets, Eckard said. He therefore preserved the argument for appeal and we will address it on the merits, Lloyd further cites, for the first time on appeal, 24 V.I.Code Ann. The Youth, Sports, Parks and Recreation Committee advanced legislation on Tuesday that would, if signed into law, allocate $375,000 toward the construction of Americans with Disabilities Act-compliant ramps or walkways on at least two beaches in each island district. Harris v. Green Tree Fin. In neither of those cases, however, did a party argue that a stay rather than a dismissal should have been entered and the Court accordingly had no occasion to decide whether Section 3 is mandatory. Rather than stay the proceedings pending arbitration, however, the District Court dismissed the action with prejudice because it found all of Lloyd's claims to be arbitrable and thus left no claims for adjudication by the District Court.2  Lloyd filed a timely notice of appeal and Wyatt subsequently filed a notice of cross-appeal. 1994) (holding that where a defendant moved for a stay pending arbitration under 9 U.S.C. Subscribe to Justia's Free Summaries To celebrate the 15th anniversary of the prestigious St. Croix Food and Wine Experience, organizers have enhanced events and found a “restaurant fairy” to ease the financial burden of participating restaurants. Alexander v. Anthony Int'l, L.P., 341 F.3d 256, 263 (3d Cir. Hess expanded the plant to 650,000 bpd in 1974, making it the largest in the world. The islands will ultimately gain more than $100 million in annual tax revenues from the. Co. of Am. The District Court's order was therefore "a final decision with respect to an arbitration" within the meaning of § 16(a) (3), and an appeal may be taken. Second, there must be a causal connection between the injury and the conduct complained of — the injury has to be fairly ... trace [able] to the challenged action of the defendant, and not ... th [e] result [of] the independent action of some third party not before the court. We note that although the District Court's order in this case granted the dismissal with prejudice, the District Court's opinion stated that the matter would be dismissed without prejudice. jobs in Saint Croix, VI. The effect of that stay is twofold: it relieves the party entitled to arbitrate of the burden of continuing to litigate the issue while the arbitration process is on-going, and it entitles that party to proceed immediately to arbitration without the delay that would be occasioned by an appeal of the District Court's order to arbitrate. In that case, the Supreme Court noted that " [h]ad the District Court entered a stay instead of a dismissal ..., that order would not be appealable." If everybody who appreciates our reporting efforts were to help fund it for as little as $1, our future would be much more secure. § 74a(b), which provides that " [a]n employer subject to this chapter may not require an employee to arbitrate a dispute as a condition of employment."

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