Mitsui & Co. (USA), Inc. v. C&H Refinery, Inc.

MEMORANDUM OF DECISION

In its amended complaint, the plaintiff, Mitsui & Company (USA), Inc. (“Mitsui”), has alleged that one of the defendants, C&H Refinery, Inc. (“C&H”), contracted to buy crude oil at specified terms for a one-year period commencing July 1977. It contends that defendant Coastal States agreed to process the oil and, to perform other acts that would have enabled C&H to meet its obligations under the oil sale contract. Mitsui also alleges that the defendants agreed to perform similar obligations regarding one shipment in September 1977. It claims that the defendants breached each contract by failing to accept the September delivery.

The defendants have moved to stay this action pending arbitration. For the reasons discussed below, the motion is granted, and all further proceedings are stayed pending arbitration.

The Record

The plaintiff filed suit on November 15, 1978. In January 1979, C&H moved for a more definite statement, and Coastal States moved to dismiss its parent corporations on jurisdictional grounds. The parties resolved these matters by stipulation. As a result, Mitsui amended its complaint and dismissed the corporate parents without prejudice. In…