IN THE MATTER OF TRANSATLANTIC BULK SHIPPING v. Saudi Chartering, 84 Civ. 3054 (PNL).
Citation | 622 F. Supp. 25 |
Decision Date | 16 April 1985 |
Docket Number | No. 84 Civ. 3054 (PNL).,84 Civ. 3054 (PNL). |
Parties | In the Matter of the Arbitration between TRANSATLANTIC BULK SHIPPING LTD., Petitioner, and SAUDI CHARTERING S.A., Respondent. |
Court | United States District Courts. 2nd Circuit. United States District Courts. 2nd Circuit. Southern District of New York |
Poles, Tublin, Patestides & Stratakis, New York City, for petitioner.
Burlingham, Underwood & Lord, New York City, for respondent.
Petitioner, Transatlantic Bulk Shipping Ltd., moves, pursuant to 9 U.S.C. § 207, for confirmation of an arbitration award rendered in London against respondent, Saudi Chartering S.A.
Transatlantic is a corporation organized in Liberia engaged in ocean carriage. Saudi, a Panamanian corporation with its principal place of business in Greece, made a time charter party on January 27, 1984, with Transatlantic for transport of Saudi's cargo from the Gulf of Mexico to the Middle East on Transatlantic's vessel. Clauses 17 and 72 of the charter party provided for arbitration of disputes in London. On May 30, 1984, Transatlantic notified Saudi of its intention to arbitrate for Saudi's failure to pay the charter hire. Saudi sent a telex to the arbitration panel admitting liability for the claim. On August 1, 1984, the London arbitrators made a written award in favor of Transatlantic of $476,218.04 plus 12% interest and costs. Saudi has not paid any part of this award.
Transatlantic moves to confirm the arbitration award under the provisions of the U.N. Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 9 U.S.C. § 201 et seq. Saudi argues in opposition on three grounds: 1) the court lacks personal jurisdiction over Saudi; 2) Transatlantic is not the proper party to enforce the award; and 3) the imposition of attorneys fees and the rate of prejudgment interest under the award was improper.
Transatlantic contends that jurisdiction is conferred by the Convention on Recognition and Enforcement of Foreign Arbitral Awards and the implementing legislation, 9 U.S.C. §§ 201 et seq. It is not disputed that this arbitration agreement falls under the Convention. Concerning actions to enforce or recognize arbitral awards arising from such agreements, Section 203 provides:
Section 207 provides:
Although not disputing that the district court is empowered by the statutes quoted above to hear such actions affecting parties that are before the court, Saudi argues that the court has no personal jurisdiction over it. It acknowledges that process was served on it in Greece pursuant to Rule 4(e), F.R.Civ.P., but argues that its conduct furnishes no basis for a federal court in New York to exert power over it. It has no office, bank account, employee, agent or person authorized to receive process in New York. It does not transact business in New York, nor has it committed tortious acts in New York. The vessel did not call in New York. The charter party was not negotiated or made in New York nor does it consent to New York jurisdiction or adopt New York law.
I find that Transatlantic's reliance on the statutes implementing the Convention is misplaced and confuses two distinct issues of the court's power, both confusingly described by the word "jurisdiction."
The Act adopting and enforcing the Convention, in particular §§ 203 and 207, gives the district courts "original jurisdiction over such an action or proceeding." In this respect it is comparable to 28 U.S.C. §§ 1330, 1331 and 1332 which authorize federal courts to act in certain suits against a foreign state, in "actions...
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...presence in this district, and could have foreseen that it might be sued in this district"); Transatlantic Bulk Shipping Ltd., v. Saudi Chartering S.A., 622 F.Supp. 25, 27 (S.D.N.Y.1985) ("Some basis must be shown, whether arising from the respondent's residence, his conduct, his consent, t......
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...agreement to a jurisdiction that courts have found required in the New York Convention context. See Transatl. Bulk Shipping Ltd. v. Saudi Chartering S.A., 622 F.Supp. 25, 27 (S.D.N.Y.1985) (“Some basis must be shown, whether arising from the respondent's residence, his conduct, his consent,......
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Mobil Cerro Negro Ltd. v. Bolivarian Republic Venezuela, 14 Civ. 8163 (PAE)
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Frontera Resources Azerbaijan v. State Oil Company, Docket No. 07-1815-cv.
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