Legal Opinion

Essex Cement Co. v. Italmare, S.P.A.

District Court, S.D. New York

Decided May 13, 1991No. 90 Civ. 3875 (JES)Published

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

SPRIZZO, District Judge.

Petitioner in the above-captioned action moves to confirm an arbitration award and respondent cross-moves to vacate that award. For the reasons that follow, petitioner’s motion is granted and the arbitration award is confirmed and respondent’s motion is denied.

FACTS

On or about August 13, 1986, Italmare, S.p.A. (“Italmare” or “Owner”) agreed to charter the vessel M.Y. MARINA DI ALI-MURI to Essex Cement Company (“Essex” or “Charterer”) for the carriage of cement from Eleusis, Greece, to Berth No. 28, Port Newark, New Jersey. See Verified…

2Cases cited7 opinions

  1. Wilko v. SwanSupreme Court of the United States · 1953
  2. Merrill Lynch, Pierce, Fenner & Smith, Inc. v. Jack BobkerCourt of Appeals for the Second Circuit · 1986
  3. Fed. Sec. L. Rep. P 93,679 in the Matter of the Arbitration Between Herbert Sobel, and Hertz, Warner & Co.Court of Appeals for the Second Circuit · 1972
  4. Swift Industries, Inc., in No. 71-1420 v. Botany Industries, Inc., in No. 71-1421Court of Appeals for the Third Circuit · 1972
  5. Kurt Orban Co. v. Angeles Metal Systems and Newman Iron & Metal Co., as Co-Venturers, Newman Iron & Metal Co.Court of Appeals for the Second Circuit · 1978

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