Ibeto Petrochemical Industries Ltd v. M/T BEFFEN, 475 F. 3d 56 - Court of Appeals, 2nd Circuit 2007

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\u27s motion for voluntary dismissal and defendants\u27 motion to limit Ibeto\u27s recovery. For the reasons that follow, we dismiss the appeal in part. We affirm the Order in part and modify it in part