· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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