United States Second Circuit

Where parties contracting for the sale of goods were both merchants under the UCC, arbitration provisions in defendant's confirmation orders became part of the contract, where plaintiff provided no evidence of surprise at the inclusion of an arbitration clause, and the parties were required to arbitrate their disputes.

Appellate Information

• Argued 08/06/2001
• Decided 02/13/2002
• Published 02/13/2002

Judges

• MINER, Circuit Judge., Before:  MINER, CALABRESI, and CABRANES, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Elliot Silverman, McDermott, Will & Emery, New York, NY, for Defendant-Appellant., David W. Mockbee, Mockbee Hall & Drake, P.A., Jackson, MS (Mary Elizabeth Hall, Mockbee Hall & Drake, P.A., Jackson, MS, on the brief, Denis B. Frind, Michael I. Silverstein, Altieri, Kushner, Miuccio & Frind, P.C., New York, NY, of counsel), for Plaintiff-Appellee.