Legal Opinion

In Re the Arbitration Between Terminal Auxiliar Maritima, S. A. & Winkler Credit Corp.

New York Court of Appeals

Decided July 8, 1959PublishedCited by 10 opinions

1Opinion of the CourtFuld, J.

On November 14,1957, Terminal Auxiliar Marítima, as charterer, chartered a vessel from respondent Ocean Trading Corporation under a voyage charter agreement for the carriage of a cargo of sugar from Cuba to Europe. The agreement provided that11 Any dispute that may arise under this Charter [is] to be settled by arbitration, each party appointing an Arbitrator, and should they be unable to agree, the decision of an Umpire selected by them to be final.” Shortly thereafter, Terminal entered into an agreement with Gralban Lobo Trading Company whereby Gralban, as subcharterer, chartered the vessel…

2Cases cited4 opinions

  1. Matter of Lipman (Haeuser Shellac Co.)New York Court of Appeals · 1942
  2. Matter of Zimmerman v. . CohenNew York Court of Appeals · 1923
  3. Matter of Hosiery Mfrs. Corp. v. . GoldstonNew York Court of Appeals · 1924
  4. Matter of Haupt v. RoseNew York Court of Appeals · 1934

3Cited by10 opinions

  1. Primex International Corp. v. Wal-Mart Stores, Inc.New York Court of Appeals · 1997
  2. Sinva, Inc. v. Merrill, Lynch, Pierce, Fenner & Smith, Inc.District Court, S.D. New York · 1966
  3. Saul G. Tobin, as Trustee in Bankruptcy of A. Plein & Co. Inc. v. Aaron PleinCourt of Appeals for the Second Circuit · 1962
  4. Flynn v. Labor Ready, Inc.Appellate Division of the Supreme Court of the State of New York · 2004
  5. County of Suffolk v. NovoAppellate Division of the Supreme Court of the State of New York · 1983

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