American President Lines, Ltd. v. Subra Kabushiki Kaisha
Tokyo District Court
10 Kakyū Minshū 2232 (1959)
- Written by David Bloom, JD
Facts
American President Lines, Ltd. (APL) (plaintiff) was the owner of a ship charted by Subra Kabushiki Kaisha (Subra) (defendant), a Japanese citizen. The charter contract contained an arbitration clause that required any disputes to be resolved via arbitration in New York. After a dispute arose, APL initiated an arbitration proceeding in New York. One member of the arbitration panel was chosen by APL, one member was chosen by Subra, and a third member was chosen by both APL and Subra. The three-member arbitration panel awarded APL damages totaling $48,396.76. The United States district court confirmed the arbitration award and directed Subra to pay interest. Subra partially satisfied the arbitration award. APL commenced an action in Japan, seeking to enforce the remaining portion of the arbitration award that Subra had not yet satisfied plus the amount of interest ordered by the United States district court.
Rule of Law
Issue
Holding and Reasoning (Kunimichi, J.)
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