· 2/5/1971
Skibs A/S Gylfe v. Hyman-Michaels Co.
Citations
- 438 F.2d 803
- 1971 A.M.C. 2032
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 party did not waive its right to arbitration where there was no prejudice to the opposing party and motion to stay was filed immediately after the suit was brought to federal court
- rejecting argument that party compelling arbitration waived right by filing third-party complaint, because prejudice was not shown
- rejecting argument that party compelling arbitration waived right by filing third-party complaint, because prejudice was not shown
- “To the extent that the district court ordered proceedings stayed . . . this Court has jurisdiction pursuant to 28 U.S.C. § 1292(a)(1)”
- federal and Pennsylvania law favors resolution of disputes through arbitration; therefore, waiver is not to be lightly inferred
- “[Tjhe power of a court to order a stay of proceedings pending arbitration ... is inherent in the court itself.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Brooks
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.