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Defendant-appellant American President Lines, Ltd. ("APL") appeals from a judgment entered in the United States District Court for the Southern District of New York (Griesa, J.) confirming an arbitration award for cargo loss rendered in favor of plaintiff-appellee W.K. Webster & Co. ("Webster") and granting attorneys' fees and costs to Webster in the district court proceeding. The amount awarded in arbitration was $93,215.42 plus interest of $42,100.68, and the amount granted for attorneys' fees and costs was $2,000. On this appeal, APL challenges the appointment of a lawyer as a member of the arbitration panel on the ground that the charter party required the arbitrators to be "commercial men." APL also contends on appeal that the panel disregarded the law in failing to determine when the cargo delivery occurred and that there was no basis for the district court's award of counsel fees. For the reasons that follow, we vacate the award of counsel fees but otherwise affirm.


32 F.3d 665 (1994)

W.K. WEBSTER & CO., Plaintiff-Appellee,

v. AMERICAN PRESIDENT LINES, LTD., Defendant-Appellant.

No. 1251, Docket 93-9040. United States Court of Appeals, Second Circuit.

Argued March 9, 1994. Decided August 2, 1994.

New York Law School location: File #1905, Box #133