Oliver Wendell Holmes, Jr.

“ The clause obviously referred to disputes that might arise while the parties were trying to go on with the execution of the contract-not to a repudiation of the substance of the contract, as it is put by Lord Haldane n Jureidini v. National British & Irish Millers Ins. Co., Ltd., [1915] A. C. 499, 505. The allegation in the answer as to the laws of Denmark and Sweden we do not understand to mean more than that arbitration agreements will be enforced according to their intent. ”

“ The decision * * * shall be final, and any party attempting to revoke this submission to arbitration without leave of a court shall be liable to pay to the other or others, as liquidated damages, the estimated amount of chartered freight.' It is alleged that by the laws of both Denmark and Sweden such a provision is binding and that arbitration is a condition precedent to the right to sue by reason of any dispute arising under the charter. ”

“ This is a libel in admiralty by a Danish corporation, the respondent here, against a Swedish corporation, owner of the steamship Atlanten, for breach of a charter party made in Denmark, on September 30, 1914. ”