Legal Opinion

North Pacific International, Inc. v. American Lines/American Lines, Inc.

District Court, S.D. New York

Decided June 6, 1995No. 95 Civil 1322 (DAB)Published

1Opinion of the Court

MEMORANDUM AND ORDER

BATTS, District Judge.

Petitioner has moved this Court for an Order compelling arbitration and ordering the Respondent to appoint an arbitrator. For the following reasons, the motion is granted.

On December 6, 1994, Petitioner and Respondent entered into a Contract of Transportation (“Contract”) whereby Petitioner agreed to hire and Respondent agreed to let the M/V ZODIAK for an agreed rate. Petitioner alleges that there are sums of money due and owing under the Contract which Respondent has refused to pay. The final clause of the Contract states:

In case of a dispute between…

2Cases cited6 opinions

  1. Moses H. Cone Memorial Hospital v. Mercury Construction Corp.Supreme Court of the United States · 1983
  2. The Bremen v. Zapata Off-Shore Co.Supreme Court of the United States · 1972
  3. Robert L. Bense v. Interstate Battery System of America, Inc.Court of Appeals for the Second Circuit · 1982
  4. Weiss v. Columbia Pictures Television, Inc.District Court, S.D. New York · 1992
  5. Elite Parfums, Ltd. v. RiveraDistrict Court, S.D. New York · 1995

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