Aceros Prefabricados, S.A. v. Tradearbed, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that clauses they never signed, where those clauses were contained in other documents that were incorporated by reference”
• explaining that a party’s “failure to include the General Conditions of Sale with the confirmation orders [did] not prevent those terms from being included in its contract”
• noting that whether writ ings are treated as confirmations or acceptances of the parties’ contracts, any additional terms will be reviewed as proposals for additional terms and analyzed under section 2-207(2)
• affirming that the Second Circuit has “specifically found that parties were bound to arbitrate under arbitration clauses they never signed, where those clauses were contained in other documents that were incorporated by reference”
• “Parties to a contract are plainly free to incorporate by reference, and bind themselves inter sese to, terms that may be found in other agreements.” (internal quotation marks omitted)
• “[W]e have specifically found that parties were bound to arbitrate under arbitration clauses they never signed, where those clauses were contained in other documents that were incorporated by reference.”

Source: CourtListener parenthetical corpus (CC0).