INSTITUTO CUBANO DE ESTABLIZACION v. THE S/S RODESTAR


143 F.Supp. 599 (1956)

INSTITUTO CUBANO DE ESTABLIZACION DEL AZUCAR, Libelant, v. THE S/S RODESTAR, her engines, etc. and Compania Naviera Costanera, Claimants-Respondents.

United States District Court S. D. New York.

June 25, 1956.


Attorney(s) appearing for the Case

Bigham, Englar, Jones & Houston, New York City, for libelant. Owen C. Torrey, Jr., New York City, of counsel.

Crowell & Rouse, New York City, for respondents. William T. Foley, Jr., New York City, of counsel.


DIMOCK, District Judge.

Respondents move to stay any further proceedings in this suit pending arbitration of the dispute. This procedure is authorized by section 3 of title 9, United States Code, where, as here, the dispute arises out of an agreement which contains an arbitration clause. Libelant contends that respondents have waived their rights to arbitration.

As a defense in the answer, respondents set up libelant's failure to resort to arbitration. Such...

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