United States Second Circuit

Where parties' negotiations never resulted in a "meeting of the minds" sufficient to form a binding "ad hoc" agreement to arbitrate whether they entered into a charter party, district court could decide the issue. Defendant's purposeful availment of extensive U.S. contacts by forming a contract, negotiating, and communicating with an American corporation and brokers in the U.S., meant that the district court had jursidiction to decide the issue.

Appellate Information

• Argued 06/24/1999
• Decided 02/15/2001
• Published 02/15/2001

Judges

• F.I. PARKER, Circuit Judge:, Before: MINER, JACOBS, and F.I. PARKER, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Stanley McDermott III, Piper & Marbury, L.L.P., New York, NY (Leo G. Kailis, Of Counsel) for Petitioner-Appellee., Lizabeth L. Burrell, Burlingham Underwood LLP, New York, NY (Michael Marks Cohen, Of Counsel) for Respondent-Appellant.