United States Third Circuit

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SBRMCOA, LLC v. Bayside Resort, Inc., 07-2436

Order compelling arbitration of parties' dispute regarding a Water Supply Agreement is: 1) reversed in part and remanded, where a challenge to a contract on the grounds that the signatory was unauthorized to sign it must be decided by a court, even if the contract contains an arbitration clause, because it is a challenge to a contract's formation rather than its validity, and additional discovery is warranted; and 2) affirmed in part, where plaintiff's coercion claim is arbitrable because it is a challenge to the validity, rather than the formation, of the Water Supply Agreement.

Appellate Information

  • Decided 02/11/2013
  • Published 02/11/2013




  • United States Third Circuit


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