In re the Arbitration Between Pasch & Chemoleum Corp.

Petitioner moves against respondent for an order directing that arbitration proceed pursuant to contract entered into between the parties on March 4, 1953. Respondent in an affirmative defense set forth in its answer alleged that the “ petition fails to state facts sufficient to institute a course of action ” and moves to dismiss on that ground.

Petitioner charges respondent with breach of what has been called a “ dual rate contract arrangement” or “ exclusive patronage contract ” whereby a shipper such as respondent undertakes to ship exclusively by vessels which are members of a conference…