Chilean Nitrate Sales Corp. v. the Nortuna

DAWSON, District Judge..The issue in this case is whether an arbitration clause contained in a charter party between the ship owner and the shipper of merchandise is binding upon the consignee of the. merchandise under the particular facts of this case and requires that a claim for damages for injury to the cargo be arbitrated.

The issue arises because respondent, Oceanwide Steamship Company, Inc., has moved to stay all proceedings pending an arbitration. Since the facts did not appear clearly from the papers submitted on the motion, I directed, by a memorandum dated December 9, 1954, that a…