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NEW ENGLAND POWER v. ASIATIC PETROLEUM CORP.

No. 71-1334.

456 F.2d 183 (1972)

NEW ENGLAND POWER COMPANY, Plaintiff-Appellant, v. ASIATIC PETROLEUM CORPORATION, Defendant-Appellee.

United States Court of Appeals, First Circuit.

Decided February 17, 1972.

Attorney(s) appearing for the Case

Lane McGovern, Boston, Mass., with whom Ropes & Gray, Boston, Mass., was on brief, for appellant.

James D. St. Clair, Boston, Mass., with whom Richard L. Levine and Hale & Dorr, Boston, Mass., were on brief, for appellee.

Before ALDRICH, Chief Judge, Mc-ENTEE and COFFIN, Circuit Judges.

COFFIN, Circuit Judge.

This case, but not this opinion, involves the efforts of a major oil supplier, Asiatic Petroleum Corporation ("Asiatic") to exact, because of events allegedly beyond its control, increased prices from its customer, the New England Power Company ("New England"). Upon New England's resisting such increases, Asiatic sought to initiate arbitration. Although the contract between the parties contains a commercial arbitration clause which covers the...

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