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VIMAR SEGUROS Y REASEGUROS, S.A. v. M/V SKY REEFER

No. 93-2179.

29 F.3d 727 (1994)

VIMAR SEGUROS Y REASEGUROS, S.A., Plaintiffs, Appellants, v. M/V SKY REEFER, Her Engines, etc., and M.H. Maritima, S.A., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided July 7, 1994.

Attorney(s) appearing for the Case

Stanley McDermott, III with whom Sharyn Bernstein, Varet & Fink, P.C., Alexander Peltz, and Peltz Walker & Dubinsky, New York City, were on brief, for appellants.

John J. Finn with whom Thomas H. Walsh, Jr., Jeffrey S. King, and Bingham, Dana & Gould, Boston, MA, were on brief, for appellees.

Before BREYER, Chief Judge, BOWNES, Senior Circuit Judge, and STAHL, Circuit Judge.

BOWNES, Senior Circuit Judge.

This appeal asks us to decide whether a foreign arbitration clause in a maritime bill of lading governed by the Carriage of Goods by Sea Act, 46 U.S.C. § 1300 et seq. (COGSA), is invalid under that statute, or whether such a clause is enforceable under the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (FAA). We conclude that the FAA controls, and that the arbitration clause is valid. Accordingly, the order of the...

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