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United States Court of Appeals for the Second Circuit
May 23, 1972, Argued ; June 23, 1972, Decided
No. 749, Docket No. 72-1150
[*674] TIMBERS, Circuit Judge:
The essential question on this appeal is whether, within the meaning of the Federal Arbitration Act, "the making of the arbitration agreement" 1 was in issue, thus requiring a trial of this question before directing appellants to proceed with the arbitration of a maritime dispute.
In July of 1971 Interocean Shipping Company, acting pursuant to the Federal Arbitration Act, 2 filed a petition in the district court to compel arbitration of a dispute arising under a charter party allegedly entered into by Interocean and appellants National Shipping [*675] and Trading Corporation and Hellenic International Shipping, S.A. The petition alleged that on March 17, 1971, National and Hellenic agreed to charter Interocean's vessel, the Oswego Reliance, for a period of approximately one year pursuant to the [**2] terms of the "Mobiltime" form charter, which included a clause providing for arbitration of "any dispute arising under [the] charter . . . ." Interocean further alleged that National and Hellenic repudiated this agreement on March 24, 1971. Appellants' answer denied the material allegations of the petition and demanded a trial. National's president, in an affidavit attached to the answer, stated that there had never been a meeting of the minds as to all the essential elements of a charter party. On December 30, 1971, without conducting a trial, the district court concluded that the making of the arbitration agreement was not in issue and granted the petition. 3 For the reasons stated below, we reverse and remand for a trial pursuant to § 4 of the Federal Arbitration Act, 9 U.S.C. § 4 (1970).
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462 F.2d 673 *; 1972 U.S. App. LEXIS 8805 **
INTEROCEAN SHIPPING COMPANY, Petitioner-Appellee, v. NATIONAL SHIPPING AND TRADING CORPORATION and Hellenic International Shipping, S.A., Respondents-Appellants
charter, charter party, Arbitration, fixture, arbitration agreement, parties, vessel, terms, dry-dock, essential terms, district court, appellants', messages, brokers
Business & Corporate Compliance, Arbitration, Federal Arbitration Act, Arbitration Agreements, International Trade Law, Dispute Resolution, International Commercial Arbitration, Arbitration, Civil Procedure, Alternative Dispute Resolution, General Overview, Contracts Law, Contract Conditions & Provisions, Arbitration Clauses, Admiralty & Maritime Law, Pretrial Matters, Contract Formation, Acceptance, Meeting of Minds, Contracts Law, Mistake, Charterparties, Maritime Contracts, Statute of Frauds, Charterparties, Charter Contracts, Party Liability, Types of Contracts, Negotiable Instruments, Enforcement, Joint & Several Instruments, Types of Contracts, Guaranty Contracts