· 2/18/1997
Lander Company, Inc. v. Mmp Investments, Inc.
Citations
- 107 F.3d 476
- 42 U.S.P.Q. 2d (BNA) 1393
- 1997 U.S. App. LEXIS 2817
- 1997 WL 66094
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that a dispute is governed by both the Convention and the FAA because “nothing in the Convention or its history, or in the implementing legislation or its history, suggests exclusivity [from the FAA] . . . .”
- noting that Article V(l)(e) of the Convention contemplates the possibility of the award’s being set aside in a proceeding under local law
- finding jurisdiction with respect to a contract to sell products in Poland
- “To agree to binding arbitration is to agree that if your opponent wins the arbitration he can obtain judicial relief if you refuse to comply with the arbitrator’s award.”
- “Under the [Federal Arbitration] Act, if you fail to [timely] move to vacate an arbitration award you forfeit the right to oppose confirmation (enforcement) of the award if sought later by the other party.”
- “An arbitration award made in and sought to be enforced in the United States is a domestic award according to traditional principles of Anglo-American conflicts of law, under which the law of the place of the award determines whether the award is valid.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Coffey, Diane, Posner, Wood
Read full opinion on CourtListenerSourced 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.