In re the Arbitration between Tuttman & Kattan, Talamas Export Corp.

The contract between the parties provided: “ Any controversy arising under, or in relation to this contract shall be settled by arbitration.” In another clause of the contract it was agreed that “ All claims are to be made within 10 days of receipt of goods, and no claims or allowances can be made after the goods is [sic] cut or converted.” About twenty-seven days after the goods had been delivered by respondent to petitioners, the latter claimed to have discovered them to be defective and attempted to return the merchandise. The material had never been used, cut or converted by petitioners.…