Eastern Marine Corporation, Owner of the S/s Eastern Argo v. Fukaya Trading Co., S.A.

WISDOM, Circuit Judge:

This case presents the question whether the arrival of a chartered vessel at the loading wharf is a condition precedent to the owner’s right of arbitration under a government form time charter. The district court granted the charterer’s motion for stay of arbitration on the ground that arrival at the wharf was a condition precedent. It denied summary judgment pending the outcome of this appeal. We reverse and remand for an order directing arbitration and other appropriate relief.

I

The libellant Fukaya Trading Co., S.A. “made and concluded” a charter party in- New York…