Legal Opinion

Otto C. Hagen Corp. v. N. V. Nederlandsch-Amerikaansche Stoomvaart-Maatschappij

District Court, S.D. New York

Decided December 27, 1938PublishedCited by 1 opinion

1Opinion of the Court

MANDELBAUM, District Judge.

The respondents move for an order dismissing the action, or in the alternative for a stay of all proceedings and referring the dispute to a competent judge at Rotterdam for decision.

The clause upon which the respondents base their request for relief states in part that “all disputes be submitted to the determination of the competent court at Rotterdam”. The libelant concedes that agreements to arbitrate are valid, but claims that the clause in dispute is of no effect because it is not an arbitration clause, but rather one which attempts to oust this court of…

2Cases cited1 opinion

  1. Shanferoke Coal & Supply Corp. v. Westchester Service Corp.Supreme Court of the United States · 1935

3Cited by1 opinion

  1. The EdamDistrict Court, S.D. New York · 1938

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