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OFFICE OF SUP., GOV. OF REP. OF KOREA v. NEW YORK NAV. CO., INC.

No. 85, Docket 72-1543.

469 F.2d 377 (1972)

OFFICE OF SUPPLY, GOVERNMENT OF the REPUBLIC OF KOREA, Petitioner-Appellant, v. NEW YORK NAVIGATION COMPANY, INC., Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided November 8, 1972.

Attorney(s) appearing for the Case

Haight, Gardner, Poor & Havens, New York City (R. Glenn Bauer, New York City, of counsel), for respondent-appellee.

Dunn & Zuckerman, New York City (Morton Zuckerman, New York City, of counsel), for petitioner-appellant.

Before MANSFIELD, OAKES and TIMBERS, Circuit Judges.

MANSFIELD, Circuit Judge:

This appeal raises the question whether arbitrators were entitled to decide that a claim for cargo damage was time-barred by application of the parties' agreement that the carrier and ship would be discharged from all liability unless suit were brought within one year after delivery of the goods. We hold that they had the power to do so and affirm.

On November 21, 1966, respondent New York Navigation Company, Inc. ("NYNCO"), a shipowner...

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