Legal Opinion
Instituto Cubano de Estabilizacion del Azucar v. The M V Driller
District Court, S.D. New York
Decided February 11, 1957PublishedCited by 3 opinions
1Opinion of the Court
DAWSON, District Judge.
This is a motion pursuant to § 5 of the United States Arbitration Act, 9 U.S.C. § 5, for an order designating an umpire arbitrator and for such other relief as may be proper.
The respondents contend (1) that there is no written agreement to arbitrate and (2) that they have not appointed an arbitrator and therefore there is no occasion to appoint an umpire arbitrator.
The issue of law is primarily whether the assignee of a charter party may avail himself of the right to arbitration contained in the charter party.
The facts show that on February 15, 1952, Cane Products…
2Cases cited2 opinions
- Matter of Lipman (Haeuser Shellac Co.)New York Court of Appeals · 1942
- Arnold Bernstein Shipping Co. v. Tidewater Commercial Co.District Court, D. Maryland · 1949
3Cited by3 opinions
- Fisser v. International BankCourt of Appeals for the Second Circuit · 1960
- Chatham Shipping Company, Warwick Corporation and Tsakalotos Navigation Corp., Libelants-Appellees v. Fertex Steamship CorporationCourt of Appeals for the Second Circuit · 1965
- Carl Fisser and Martha Fisser, Co-Partners Doing Business Under the Firm Name and Style of Fisser & v. Doornum, Libelants-Appellants v. International BankCourt of Appeals for the Second Circuit · 1960