United States Second Circuit

In an appeal from a judgment of the district court dismissing defendants' action to enjoin the arbitration of claims under FINRA arbitration rules and declining to enjoin defendants from proceeding with any action outside New York County pursuant to an agreement between the parties, judgment is: 1) affirmed in part where defendants are entitled to arbitration because they became plaintiff's "customer" under FINRA's rules when they undertook to purchase certain auction services from plaintiff; and 2) vacated in part where the enforceability of a forum selection provision is a procedural issue for FINRA arbitrators to address, so that the district court lacked jurisdiction to resolve it.

Appellate Information

• Decided 09/22/2011
• Published 09/22/2011

Judges

• LOHIER

Court

• United States Second Circuit

Counsel