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· 11/2/1981

In the Matter of the Arbitration Between Interbras Cayman Co. v. Orient Victory Shipping Co., S.A.

Citations

  • 663 F.2d 4
  • 1982 A.M.C. 737
  • 1981 U.S. App. LEXIS 16384

How courts have described this case

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

  • holding that principles of agency law may bind a nonsignatory to an agreement to arbitrate
  • stating the Court must not “lose sight of the important questions of 8 federal jurisdiction” implicated in fraudulent joinder cases
  • triable question whether an agreement by an agent allegedly on behalf of the principal could afford the principal the right to compel a contracting party to arbitrate
  • “To make a genuine issue entitling the plaintiff to a trial by jury [under 9 U.S.C. § 4], an unequivocal denial that the agreement had been made was needed, and some evidence should have been produced to substantiate the denial.”
  • “To make a genuine issue entitling the plaintiff to a trial by jury [under 9 U.S.C. § 4], an unequivocal denial that the agreement had been made was needed, and some evidence should have been produced to substantiate the denial.” (emphasis added)
  • record 17 consisted of affidavits and other papers

Source: CourtListener parenthetical corpus (CC0).

Judges: Feinberg, Mes-Kill, Palmieri, Per Curiam

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.