Legal Opinion

In re Arbitration between Cia De Navigacion "Julia" S.A. & P. D. Marchessini & Co.

District Court, S.D. New York

Decided January 29, 1959PublishedCited by 1 opinion

1Opinion of the Court

BICKS, District Judge.

This motion presents another instance of a disappointed suitor resisting confirmation of an award made by arbitrators. It would appear that arbitration is the panacea except when the award is contra to what the losing side believes would have been the result had the issue been submitted for judicial determination.

The controversy arises under a charter party, the term of which was for “about six to about seven months, fifteen (15) days more or less in Charterer’s option”. The vessel (S.S. Julia) was redelivered by the charterer-respondent on June 27, 1955, twenty-nine…

2Cases cited10 opinions

  1. Wilko v. SwanSupreme Court of the United States · 1953
  2. Marine Transit Corp. v. DreyfusSupreme Court of the United States · 1932
  3. American Almond Products Co. v. Consolidated Pecan Sales Co.Court of Appeals for the Second Circuit · 1944
  4. In re the Arbitration between Shirley Silk Co. & American Silk Mills, Inc.Appellate Division of the Supreme Court of the State of New York · 1939
  5. James Richardson & Sons, Ltd. v. W. E. Hedger Transp. Corp.Court of Appeals for the Second Circuit · 1938

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3Cited by1 opinion

  1. In Re the Arbitration Between Stef Shipping Corp. & Norris Grain Co.District Court, S.D. New York · 1962

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