United States Second Circuit

In a contract issue in which corporate plaintiff alleged that defendants wrongfully induced counterparty, with whom plaintiffs contracted, to breach an agreement by selling to them, denial of defendants' motion for stay or dismissal pending arbitration is affirmed in part and vacated in part where: 1) defendants could not rely on estoppel to compel plaintiff to arbitrate with them; 2) plaintiff's agreement to arbitrate could not be construed as implying an agreement to arbitrate its claim against defendants; 3) there was no unfairness in allowing plaintiff to refuse to arbitrate this dispute; and 4) for purposes of a claim seeking specific performance of the contract containing the arbitration clause, the defendants were entitled to arbitrate.

Appellate Information

• Decided 09/18/2008
• Published 09/18/2008

Judges

Court

• United States Second Circuit

Counsel