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Thyssen, Inc. v. M/V Markos N

1999 AMC 2515 (1999)

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Thyssen, Inc. v. M/V Markos N

United States District Court for the Southern District of New York
1999 AMC 2515 (1999)

AR

Facts

Thyssen, Inc. (plaintiff) contracted with Metalsrussia Corporation Ltd. (Metalsrussia) to ship steel coils. Metalsrussia then chartered the M/V Markos N (defendant) to transport the coils. The charter agreement between Metalsrussia and the M/V Markos N stated, “This Charter Party shall be governed and construed in accordance with English Law and any dispute arising under this Charter Party or Bills of Lading issued hereunder to be referred to arbitration in London.” During shipment, the steel coils were damaged. Thyssen sued the M/V Markos N in federal court, arguing that Thyssen was not a signatory to the charter agreement and that damage to its coils was not subject to arbitration. The M/V Markos N moved to stay the action pending arbitration.

Rule of Law

Issue

Holding and Reasoning (Mukasey, J.)

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Admiralty

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