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- Title
MARITIME CHARTER--CONFIRMATION OF AWARD--ARBITRATOR'S POWER UNDER SUBMISSION AGREEMENT.
- Abstract
This article focuses on the ruling of the court regarding the case "Federal Commerce & Navigation Company v. Kanematsu-Gosho Ltd." Where the parties to a maritime charter submitted a dispute to arbitration for determination of the validity of the master charter, and the award made findings with regard to two disputed cargo periods as well as to the validity of the master charter, the district court confirmed the award. The court held that "… it has long been the rule to resolve any doubt as to the submission agreement in favor of coverage." The court reasoned that an arbitrator is entitled to pass on every question of law or fact necessary to reach issues before him. In this case, the arbitrator in determining the validity of the master charter must necessarily decide the status of the individual charters. Since the intent of arbitration is to speedily resolve disputes, the court felt constrained to avoid overly technical review or review in the guise of interpreting the submission. The arbitrator did not have only an "all-or-nothing" choice and the award was a "practical, common-sense one."
- Subjects
ACTIONS &; defenses (Law); ARBITRATION &; award; FEDERAL Commerce &; Navigation Ltd.; KANEMATSU-Gosho Ltd.; COMMERCIAL arbitration agreements; DISTRICT courts; DISPUTE resolution
- Publication
Arbitration Journal, 1972, Vol 27, Issue 3, p200
- ISSN
0003-7893
- Publication type
Article