United States / 11 May 1984 / U.S. Court of Appeals, Second Circuit / Waterside Ocean Nav. Co. v. Int’l Nav. Ltd. / 83-9016, 84-7184
| Country | United States |
| Court | United States, U.S. Court of Appeals, Second Circuit |
| Date | 11 May 1984 |
| Parties | Waterside Ocean Nav. Co. v. Int’l Nav. Ltd. |
| Case number | 83-9016, 84-7184 |
| Applicable NYC Provisions | V | V(2)(b) |
| Source | 737 F.2d 150 |
| Languages | English |
| Summary | International Navigation, Ltd. (“INL”) as disponent owner, and Waterside Ocean Navigation Co., Inc. (“Waterside”) as charterer, entered into a charter party pursuant to which Waterside agreed to hire a vessel from INL. The agreement called for the arbitration of disputes in London, England. A dispute arose, and the arbitrators entered an interim award in favor of Waterside and four additional awards granting damages to Waterside. Waterside then applied to the United States District Court for the Southern District of New York for confirmation of the five awards, and it also sought post-award, pre-judgment interest. The District Court confirmed the awards but denied the latter request. Both parties appealed. The United States Court of Appeals for the Second Circuit affirmed the District Court’s decision, granted pre-judgment interest to Waterside and remanded the case to the District Court. In so holding, the Court rejected INL’s argument that confirmation would be contrary to United States public policy. The Court noted that for the recognition of an award to violate United States public policy under Article V(2)(b) NYC, such recognition must offend “the forum state's most basic notions of morality and justice”, and that to argue that the policy against inconsistent testimony was one of the United States’ most basic notions of morality and justice “would go too far”. |
Attachment (1)
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