Amicizia Societa Nav. v. CHILEAN NITRATE & I. SALES CORP.
Decision Date | 22 June 1959 |
Citation | 184 F. Supp. 116 |
Parties | In the Matter of the Arbitration between AMICIZIA SOCIETA NAVEGAZIONE, Petitioner, v. CHILEAN NITRATE AND IODINE SALES CORPORATION, Respondent. |
Court | U.S. District Court — Southern District of New York |
Zock, Petrie, Sheneman & Reid, New York City, for petitioner.
Maclay, Morgan & Williams, New York City, for respondent.
Petitioner is here moving for an order to confirm the award of the arbitrators and for entry of judgment thereon pursuant to Title 9 U.S.C. § 9, and respondent moves to vacate, modify and correct the award under Sections 10 and 11. Respondent also moves that in the event the court does not modify the award, the court should then declare the contract in which the arbitration clause appears void for want of a meeting of the minds.
On April 3, 1959 respondent moved in the Supreme Court of New York for an order vacating or modifying the arbitrators' award under Sections 1462 and 1462-a of the Civil Practice Act. On April 6, 1959 the petitioner started this present action to confirm the award and the respondent acquiesced in the jurisdiction and filed its motion to vacate, modify or correct.*
Petitioner, an Italian corporation, is the owner of two ships which, while still under construction, it chartered to respondent, a corporation of Chile. The two charter parties were negotiated in New York City and dated September 6, 1955. Clause 29 of the charter party provided that hatches 2, 3 and 5 should be "double-rigged". It was later provided by Addendum No. 1 that all six hatches should be "double-rigged". The controversy arises over the meaning of "double-rigged". Petitioner-owner claims that "double-rigged" means two winches and two booms at each hatch and this is how the ship was outfitted. Respondent-charterer claims that "double-rigged" means four winches and four booms at each hatch. Pursuant to the arbitration clause of the charter parties the controversy went before three arbitrators—one selected by each side, and the third selected by the two first chosen. The arbitrators, one dissenting, found that the express "double-rigged" has two meanings in New York City and found in favor of the petitioner-owner.
It should be noted that New York law is cited because of the scarcity of federal cases directly in point, and because 9 U.S.C. §§ 9, 10 and 11 were taken from Sections 1461, 1462 and 1462-a of the New York Civil Practice Act.
"The federal act in respect to the sections now under consideration is almost verbatim like the corresponding provisions of the New York statute, so that the state practice may be regarded as highly persuasive, if not controlling." The Hartbridge, 2 Cir., 1932, 57 F.2d 672, 673.
Respondent-charterer's claim that the arbitrators believed that they had to rule in favor of the petitioner-owner because it was the respondent who inserted the term "double-rigged" into the contract. They base this claim on the language of the arbitration award, which is:
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