Carina International Shipping Corp. v. Adam Maritime Corp.

961 F. Supp. 559 (1997)

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Carina International Shipping Corp. v. Adam Maritime Corp.

United States District Court for the Southern District of New York
961 F. Supp. 559 (1997)

AR

Facts

Carina International Shipping Corp. (Carina) (plaintiff) entered into a charter agreement with Adam Maritime Corp. (Adam) (defendant) to carry petroleum products from the United States to South America. The delivery of some of the products was delayed, so Carina sought arbitration in accordance with the arbitration clause of the charter agreement. After the close of evidentiary hearings, Carina amended its demurrage claim because of an arithmetical error in its original calculation. Adam argued that the amendment was a new claim that was not subject to consideration because the arbitration clause in the agreement did not permit new claims after the close of evidentiary hearings. Carina responded that the amendment was not a new claim but rather an amendment of the original claim that the arbitrators were allowed to permit under the Maritime Rules of the Society of Maritime Arbitrators. The awarding panel agreed with Carina and awarded Carina its amended claim. Carina sued Adams to confirm the award.

Rule of Law

Issue

Holding and Reasoning (Sotomayor, J.)

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Admiralty

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