Shinto Shipping Co., Ltd. v. Fibrex & Shipping Co., Inc.

Appellant appeals from the denial of a request for a temporary restraining order and preliminary injunction to halt arbitration proceedings in progress in Japan. We affirm.

STATEMENT OF FACTS

Appellant and appellee, Shinto Shipping Co., entered into a Charter Agreement [Agreement] whereby appellee was to provide a ship to appellant. For various reasons appellant refused to accept the vessel. The Agreement provided that any dispute between the parties was to be submitted to arbitration before the Japane Shipping Exchange, Inc. [Arbitrators]. The clause reads as follows:

Appellee made application for arbitration on December 12, 1975. On December 16, 1975, appellant received notice from the Arbitrators, but the notice was written en tirely in Japanese. Appellant almost immediately sought a written translation from the Arbitrators, but before it was received, appellee sued in federal district court pursuant to 9 U.S.C. § 8 to compel arbitration. After a series of delays appellant responded to the call for arbitration. The Arbitrators began consideration of the dispute in early July, 1976. They completed their hearings on November 30, 1977, but have not yet rendered a…