Learn About the Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
IN RE: JEFFERIES & COMPANY, INC., et al., Petitioners-Respondents, v. INFINITY EQUITIES I, LLC, Respondent-Appellant.
Order, Supreme Court, New York County (Charles E. Ramos, J.), entered April 30, 2009, which granted the petition of Jefferies & Company, Inc. and Jonathan D. Sopher to compel respondent Infinity Equities I, LLC to arbitrate certain claims, unanimously affirmed, with costs.
The petition was correctly granted. A non-signatory may be bound to an arbitration agreement if so dictated by the ordinary principles of contract and agency (see McAllister Bros., Inc. v. A & S Transp. Co., 621 F.2d 519, 523-524 [2d Cir.1980] ). An agent acting within the scope of its authority may bind a principal to arbitration in connection with stock transactions (see Scone Investments, LP v. American Third Mkt. Corp., 992 F.Supp. 378 (S.D.N.Y.1998); 99 Commercial Street Inc. v. Goldberg, 811 F.Supp. 900 (S.D.N.Y.1993)).
Here, Infinity entered into an investment management agreement which provided that the manager was authorized to choose broker/dealers through which purchases and sales of investments would be made and to negotiate “the terms on which purchases and sales will be effected.” Prior to this agreement, the manager had entered into a clearing agreement with petitioners which included a clause mandating arbitration of disputes concerning stock transactions. The manager acted as an agent for Infinity whenever it chose to execute transactions through petitioners on Infinity's behalf. Since the agreement between Infinity and the manager authorized the latter to negotiate “the terms on which purchases and sales will be effected,” the fact that the clearing agreement preceded the agency relationship between Infinity and the manager does not preclude Infinity's being bound by that agreement.
Thank you for your feedback!
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.
Decided: October 20, 2009
Court: Supreme Court, Appellate Division, First Department, New York.
Search our directory by legal issue
Enter information in one or both fields (Required)
Harness the power of our directory with your own profile. Select the button below to sign up.
Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)