United States Second Circuit

Order granting defendants' motions to compel arbitration, to stay action, and to enjoin an action between the same parties pending in Nigeria, is modified as to the permanent injunction as, based on principles of international comity and reciprocity, it should be directed specifically to the parties, and they need only be enjoined until the conclusion of the arbitration and the consequent resolution of the instant case. Appeal from denial of motion for voluntary dismissal is dismissed for lack of appellate jurisdiction.

Appellate Information

• Decided 01/17/2007
• Published 01/18/2007

Judges

• MINER, Circuit Judge:, Before:  MINER and CALABRESI, Circuit Judges, and RESTANI, Chief Judge, U.S. Court of Int'l Trade.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Keith B. Dalen, Hill, Rivkins & Hayden, New York, New York, for Plaintiff-Counter-Defendant-Appellant., Garth S. Wolfson, Mahoney and Keane, LLP, New York, New York, for Defendant-Counter-Claimant-Appellee.