For Your Data F.D. Import In Addition To Export Corp. V. M/V Reefer Sun Example Brief Summary
March 03, 2019
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F.D. Import as well as Export Corp. v. M/V Reefer Sunday representative brief
Facts: F.D. Import arranged the shipment of bananas from Republic of Ecuador to the Ukraine. F.D. Import contracted with suppliers as well as carriers to accept the bananas shipped. In the contract was a “Charter Party” that listed mortal carriers as well as was signed past times the mortal carriers, who agreed that “all disputes arising nether [the] ‘Charter Party’ are to endure referred to arbitration inward London.” The bananas didn’t run across the specifications as well as were fraudulently packed as well as thus F.D. Import brought this activeness against suppliers as well as carriers. All defendants moved to john on the solid soil of the arbitration clause.
Issue: Are the parties saltation to the arbitration clause?
Holding: Yes. Although F.D. Imports did non accept actual disclose of the wide arbitration clause, it is clear that they had constructive notice.
Reasoning:
-Broad Arbitration Clause: “All disputes arising ... are to endure referred to arbitration.”
-Narrow Arbitration Clause: “All disputes arising alongside political party X as well as Y ... are to endure referred to arbitration.”