PEP Shipping (Scandinavia) Aps v Noramco Shipping Corp (The “Christina C”) - US District Court (Clement DJ) - 23 June 1997

Charterparty - Whether concluded by communications between brokers - Whether arbitration clause in proforma charterparty binding on parties

The plaintiff (“PEP”) and the defendant (“Noramco”) negotiated a charter of the vessel Christina C whereby PEP, as agent to the owner of the vessel, would charter her to Noramco. Jan Gisholt Shipping Inc (“Gisholt”), an independent broker, sent a fax dated 31 August 1996 to PEP confirming the fixed mainterms of the charter. On 3 September 1996 Gisholt sent a fax to PEP stating: