Koch Fuel International Inc. v. M/V South Star

MEMORANDUM AND ORDER

DEARIE, District Judge*:

This admiralty claim, brought pursuant to 28 U.S.C. § 1333, requires the Court to revisit an issue that has attracted some controversy: whether discovery can be had on the subject matter of a dispute that is to be arbitrated. For the reasons stated below, the Court finds that this case presents the exceptional circumstances warranting the limited discovery now authorized.

BACKGROUND

On December 28, 1987, the plaintiff applied to this Court for an order of arrest and an order allowing expedited discovery of the defendant ship. This Court signed an…