Legal Opinion

In Re the Arbitration Between Lobo & Co. & Plymouth Navigation Co.

District Court, S.D. New York

Decided September 16, 1960PublishedCited by 12 opinions

1Opinion of the Court

DAWSON, District Judge.

This is a motion to compel arbitration brought under the provisions of 9 U.S.C. § 4.

There appears to be no dispute between the parties as to the existence of the arbitration agreement, the existence of an arbitrable dispute and the willingness of the parties to arbitrate that dispute. The only question which arises is as to the appointment of arbitrators.

The facts are simple. The dispute grows out of a claim for demurrage in connection with a steamship voyage. On June 23, 1960, Northern Ships Agency, Inc., sent to petitioner a letter which reads in part as follows:

“Under…

2Cases cited1 opinion

  1. In Re Utility Oil CorporationDistrict Court, S.D. New York · 1934

3Cited by12 opinions

  1. CMH HOMES v. PerezTexas Supreme Court · 2011
  2. Universal Reinsurance Corporation v. Allstate Insurance CompanyCourt of Appeals for the Seventh Circuit · 1994
  3. In Re Louisiana Pacific Corp.Texas Supreme Court · 1998
  4. New England Reinsurance Corp. v. Tennessee InsuranceDistrict Court, D. Massachusetts · 1991
  5. In Re the Arbitration Between Compania Portorafti Commerciale, S.A. & Kaiser International Corp.District Court, S.D. New York · 1985

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