Document Type

Article

Publication Date

1-17-2007

Abstract

Plaintiff-Counter-Defendant-Appellant Ibeto Petrochemical Industries Limited ("Ibeto") appeals from an Order entered in the United States District Court for the Southern District of New York (Scheindlin, J.) in an action arising out of the contamination by seawater of a shipment of oil being carried by motor tanker. The Order granted the motions of Defendant-Appellee M/T Beffen, Her Engines, Tackles, Boiler, etc. (in rem) ("the Beffen") and Defendant-Counter-Claimant-Appellee Bryggen Shipping and Trading A/S (in personam) ("Bryggen") (collectively "defendants") to stay this action, to compel arbitration, and to enjoin an action pending in Nigeria. The Order also denied Ibeto's motion for voluntary dismissal and defendants' motion to limit Ibeto's recovery. For the reasons that follow, we dismiss the appeal in part. We affirm the Order in part and modify it in part.

Comments

475 F.3d 56 (2007)

IBETO PETROCHEMICAL INDUSTRIES LIMITED, Plaintiff-Counter-Defendant-Appellant, v. M/T BEFFEN, Her Engines, Tackle, Boiler, etc., in Rem, Defendant-Appellee, Bryggen Shipping and Trading A/S, in Personam, Defendant-Counter-Claimant-Appellee.

Docket No. 05-6610 CV.

United States Court of Appeals, Second Circuit.

Argued: June 21, 2006.

Decided: January 17, 2007.

New York Law School location: File #3490, Box #151

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