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· 3/2/1942

Kulukundis Shipping Co. v. Amtorg Trading Corp.

Citations

  • 126 F.2d 978
  • 1942 U.S. App. LEXIS 4821
  • 1942 A.M.C. 364

How courts have described this case

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

  • rejecting estoppel theory, but holding that district court must adjudicate the issue of whether parties entered into an agreement at all before submitting case to arbitrator
  • assenting to statement of readiness for trial and to placing of case on ready day calendar not waiver
  • 9 month delay; answer amended two months before trial to assert right to arbitration; “no important intervening steps * * * taken”; held: no default
  • stay under Section 3 granted more readily than specific performance under Section 4 7
  • \it is our obligation to shake off the old judicial hostility to arbitration\
  • “it is our obligation to shake off the old judicial hostility to arbitration”

Source: CourtListener parenthetical corpus (CC0).

Judges: Hand, Chase, Frank

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.