United States / 22 September 2003 / U.S. Court of Appeals, First Circuit / InterGen N.V. (Netherlands) v. Grina (Switzerland) / 03-1056
Country | United States |
Court | United States, U.S. Court of Appeals, First Circuit |
Date | 22 September 2003 |
Parties | InterGen N.V. (Netherlands) v. Grina (Switzerland) |
Case number | 03-1056 |
Applicable NYC Provisions | II | II(3) |
Source | 344 F.3d 134, online: http://www.ca1.uscourts.gov/ (U.S. Court of Appeals, First Circuit website) |
Languages | English |
Summary | InterGen N.V. (“Intergen”), a Dutch company, filed a suit before the United States District Court for the District of Massachusetts against ALSTOM Power N.V. (“Alstom”) and Eric Grina, a Massachusetts resident who allegedly acted as Alstom’s agent, alleging that Intergen relied on Alstom’s misrepresentations when choosing turbines for its projects. Eric Grina moved to compel arbitration on the basis of an arbitration clause in purchase orders and service and support agreements. The Court denied the motion and Mr. Grina appealed. The United States Court of Appeals for the First Circuit upheld the District Court’s decision and denied the motion to compel arbitration. It held that the contracting states are obliged under II(3) NYC to recognize and enforce arbitration agreements unless they are “null and void, inoperative or incapable of being performed.” It further held that, although the arbitration clauses at issue fell within the scope of the NYC, neither Intergen nor Alstom were signatories to any of the agreements containing the arbitration clauses. |
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Attachment (1)
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