United States / 06 July 1983 / U.S. Court of Appeals, Third Circuit / Rhone Mediterranee Compagnia Francese v. Lauro / 82-3523
| Country | United States |
| Court | United States, U.S. Court of Appeals, Third Circuit |
| Date | 06 July 1983 |
| Parties | Rhone Mediterranee Compagnia Francese v. Lauro |
| Case number | 82-3523 |
| Applicable NYC Provisions | V | II | V(1)(e) | V(1)(d) | V(1)(a) | II(3) |
| Source | 712 F.2d 50 |
| Languages | English |
| Summary | The Plaintiff brought suit in tort against the Defendant, the owner of a vessel, in the United States District Court of Virgin Islands. The Defendant moved to stay the litigation pending resolution by arbitration in London, relying on an arbitral clause in a time charter contract entered into by the parties. The District Court granted the motion, and the Plaintiff appealed. The United States Court of Appeals for the Third Circuit affirmed the stay pending arbitration. The Court dismissed the Plaintiff’s argument that the arbitral clause was impermissible under Italian law. It held, based on Article V(1)(a), V(1)(e), and V(1)(d) NYC, that the law applicable to the substantive validity of the arbitration agreement is the law chosen by the parties, or the law of the place of the award. The Court also held that an agreement would only be found to be "null or void" within the terms of Article II(3) NYC if it was subject to internationally recognized defenses such as fraud, duress, mistake or waiver, or if enforcement would contravene the fundamental public policy of the forum. |
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Attachment (1)
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