Keystone Shipping Co. v. New England Power Co.

Defendant, New England Power Company (“NEP”) moves to dismiss this complaint on the ground that all the claims are subject to a binding arbitration agreement. After holding a hearing on this matter and reviewing the voluminous materials submitted, the motion is granted.

At heart, the question is whether the plaintiff Keystone Shipping is bound by the arbitration clause (clause 41) of the Time Charter Agreement executed between Keystone’s nominee Interstate Bulk Container, Inc. (“IBC”) and NEP. The plaintiff relies upon the well established rule that “arbitration is a matter of contract and a…