Instituto Cubano De Establizacion Del Azucar v. The S/S Rodestar

DIMOCK, District Judge.

Respondents move to stay any further proceedings in this suit pending arbitration of the dispute. This procedure is authorized by section 3 of title 9, United States Code, where, as here, the dispute arises out of an agreement which contains an arbitration clause. Libelant contends that respondents have waived their rights to arbitration.

As a defense in the answer, respondents set up libelant’s failure to resort to arbitration. Such a plea has no place in an answer since, under section 6 of the same act, any application to the court under that act must be “made and…