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Ibeto Petrochemical Indus. Ltd. v. M/T Beffen

ELR Citation: 37 ELR 20017
Nos. No. 05-6610, (2d Cir., 01/17/2007)

The court modified a lower court order compelling arbitration, enjoining an action in Nigeria, and staying a company's admiralty and maritime law claims against various shipping entities for damages arising from a contaminated shipment of oil that was transported from New Jersey to Nigeria. Based on principles of international comity and reciprocity, the permanent injunction should be directed specifically to the parties rather than to the "defendants," and the parties need only be enjoined from the court proceedings in Nigeria until the arbitration is over and the instant case is resolved. The company also appealed the lower court's refusal to voluntarily dismiss the case, but the appellate court lacked jurisdiction because the order is not final and the collateral order doctrine does not apply.