Legal Opinion
Pan American Tankers Corporation v. Republic of Vietnam
District Court, S.D. New York
Decided October 11, 1968No. 68 Civil 3079PublishedCited by 4 opinions
1Opinion of the Court
OPINION
HERLANDS, District Judge:
Plaintiffs, owners and operators of three American flag vessels, petition for an order to compel arbitration, presumably under the Federal Arbitration Act, 9 U.S.C. §§ 4, 8 (1964). Defendant The Republic of Vietnam, appearing specially, contests the motion by interposing a plea of sovereign immunity.
Plaintiffs, through agents, on January 27, 1968 entered into a contract of shipment entitled “Fixture Note” with the Director of Commercial Aid, Ministry of Economy of the Republic of Vietnam, Hatien Cement Plant, and Vixico. Article 13 of this contract refers to…
2Cases cited9 opinions
- Ex Parte Republic of PeruSupreme Court of the United States · 1943
- Republic of Mexico v. HoffmanSupreme Court of the United States · 1945
- Victory Transport Incorporated, Owner of the S.S. Hudson v. Comisaria General De Abastecimientos Y Transportes, Voyage Charterer of thes.s. HudsonCourt of Appeals for the Second Circuit · 1964
- Compania Espanola De Navegacion Maritima, SA v. the NavemarSupreme Court of the United States · 1938
- Petition of Petrol Shipping Corporation, as Owner of Tanker Atlantis, for an Order Directing the Kingdom of Greece, Ministry of Commerce, Purchase Directorate, to Proceed to ArbitrationCourt of Appeals for the Second Circuit · 1966
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3Cited by4 opinions
- Jet Line Services, Inc. v. M/V Marsa El HarigaDistrict Court, D. Maryland · 1978
- Pan American Tankers Corp. v. Republic of VietnamDistrict Court, S.D. New York · 1969
- In Re the Arbitration Between Premier Steamship Corp. v. Embassy of AlgeriaDistrict Court, S.D. New York · 1971
- United States v. Pangang Group Company, Ltd.Court of Appeals for the Ninth Circuit · 2025