In Re the Arbitration Between South Ionian Shipping Co. & Hugo Neu & Sons International Sales Corp.

KEVIN THOMAS DUFFY, District Judge:

Petitioner brings this action to compel arbitration of a claim for demurrage on a load of scrap steel discharged in Pireaus, Greece in 1977. The respondent objects to arbitration on the ground that a final decision with res judicata effect was rendered in favor of respondent and against the petitioner on the very issue of demurrage on August 2,1977 in the Single Judge Court of First Instance of Athens, Greece. That decision provides in pertinent part:

petitioner is culpable for the delay in discharging its vessel and consequently its claim is denied, as…