Sigval Bergeson v. Joseph Muller Corp.

710 F.2d 928 (1983)

Study Aids
Case Briefs Overview
Casebooks
Case Briefs
S
From our private database of 46,300+ case briefs, written and edited by humans—never with AI.

Sigval Bergeson v. Joseph Muller Corp.

United States Court of Appeals for the Second Circuit
710 F.2d 928 (1983)

Facts

Sigval Bergeson (plaintiff) was a Norwegian ship owner. Bergeson entered into three charter-party agreements with Joseph Muller Corporation (Muller) (defendant), a Swiss business. Each charter-party agreement contained an arbitration clause providing for arbitration in New York. Disputes arose during performance of the agreements, and in 1972 Bergeson filed a demand for arbitration. Arbitration was conducted in New York according to the arbitration clauses, and in 1978 an award was issued in favor of Bergeson. Bergeson filed an action in Switzerland, where Muller was based, to enforce the award. However, the case was delayed for over two years. In December 1981, Bergeson filed a petition in United States federal district court to confirm the award. The district court confirmed the award and entered judgment for Bergeson, finding that the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the convention) applied to awards that were issued in the United States but involved foreign parties. Muller appealed, arguing that the convention was not applicable to any arbitral awards made in the United States and that, if the court found that the convention itself could apply, the United States’ statutory implementation of the convention indicated that the convention was not intended to apply in the United States in such circumstances.

Rule of Law

Issue

Holding and Reasoning (Cardamone, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 810,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 810,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 810,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,300 briefs - keyed to 988 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership

Casebooks

Alternative Dispute Resolution

Key Terms