Merrill Lynch Investment Managers v. Optibase, Ltd.

How courts have described this case

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

• holding that irreparable harm occurs where a movant is “forced to expend time and resources arbitrating an issue that is not arbitrable”
• holding that a party “would be irreparably harmed by being forced to expend time and resources arbitrating an issue that is not arbitrable, and for which any award would not be enforceable.” (quotation omitted)
• noting that this “distinction . . . is decisive; it matters whether the party resisting arbitration is a signatory or not.”
• noting that the District Court had improperly relied upon factors such as common ownership, corporate control, actual notice of the arbitration agreement, and intent to bind the non-signatory to the arbitration agreement
• noting that whether the resisting party is a signatory is “decisive”
• affirming district court's grant of a preliminary injunction enjoining an investor from proceeding with arbitration against fund advisor who had not agreed to arbitration

Source: CourtListener parenthetical corpus (CC0).