· 6/7/2001
Louis Dreyfus Negoce S.A. v. Blystad Shipping & Trading Inc.
Citations
- 252 F.3d 218
- 2001 A.M.C. 1939
- 2001 U.S. App. LEXIS 11810
- 2001 WL 629695
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that only the exact phrase “arising under” limits arbitration to a literal interpretation or performance of the contract
- noting that phrase “[a]ny dispute arising from the making, performance or termination of this [agreement],” while containing limiting language, was “a broad arbitration clause”
- stating that broad arbitration clauses create a presumption of arbitrability for collateral matters which implicate ‘‘issues of contract construction or the parties’ rights and obligations under it”
- finding that a clause providing for arbitration of “[a]ny dispute arising from the making, performance or termination” of a contract is a broad clause
- reasoning that words and phrases alone do not dictate whether a clause is broad or narrow, although words of limitation typically indicate a narrower clause
- explaining that parties do not surrender their rights under an original contract unless and until a modification is established
Source: CourtListener parenthetical corpus (CC0).
Judges: Cardamone, Winter, Pooler
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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