Compania de Transportes der me Sociodato Anomia v. Mataichi K.K.

4 Kakyū Minshū (No. 4) 34 (1953)

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Compania de Transportes der me Sociodato Anomia v. Mataichi K.K.

Tokyo District Court
4 Kakyū Minshū (No. 4) 34 (1953)

Facts

Compania de Transportes der me Sociodato Anomia (Compania) (plaintiff) entered into a charter contract with Mataichi K.K. (Mataichi) (defendant), a Japanese ship owner. The contract was formed in the United States that contained an arbitration clause requiring any disputes arising from the contract to be resolved by a three-member panel of arbitrators in New York. After Mataichi allegedly cancelled the charter contract, Compania filed suit against Mataichi in Japan. Mataichi asserted an affirmative defense that the action should be dismissed based upon the arbitration clause. Compania argued that the arbitration clause was unenforceable because Japan did not recognize foreign arbitral awards. Compania also argued that Mataichi could not rely on the arbitration clause after cancelling the charter contract.

Rule of Law

Issue

Holding and Reasoning ()

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