Universal Petroleum Company v. Seagull Compania Naviera S.A. (The Athenian) - United States Ct. of Appeals Second Circuit (Van Graafeiland and Pragg JJ.) - 9 October 1985

Arbitration award - Whether deliberate failure to effect set-off subject to review

On 2 October 1981 U. chartered the vessel Athenian from S. for the transport of a cargo of asphaltic fuel oil from La Plata, Argentina to New York. On arrival, 1,600 barrels of oil were missing and over 31,000 were contaminated. U. submitted a claim against S. for the loss to arbitration. S. had a claim against U. for demurrage which it submitted to the same panel of arbitrators.