In Re Salomon Inc. Shareholders' Derivative Litigation

How courts have described this case

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

• concluding that “[s]ection 5 applies when there is ‘a lapse in the naming of an arbitrator . . . or in filling a vacancy.’ 9 U.S.C. § 5 (emphasis added
• looking to whether the forum selection clause was “central” to the agreement to arbitrate, or “as important a consideration as the agreement to arbitrate itself”
• finding courts cannot “use [Section five] to circumvent the parties’ designation of an exclusive arbitral forum”
• noting the question is whether the parties “intended to arbitrate generally, rather than only if a certain forum was available”
• following Rutherford and holding that the court \cannot compel a party to arbitrate before someone other than the NYSE when that party had agreed to arbitrate disputes only before the NYSE\
• following Rutherford and holding that the court “cannot compel a party to arbitrate before someone other than the NYSE when that party had agreed to arbitrate disputes only before the NYSE”

Source: CourtListener parenthetical corpus (CC0).