Legal Opinion

National Iranian Oil Company v. Mapco International, Inc

Court of Appeals for the Third Circuit

Decided December 28, 1992No. 91-3879PublishedCited by 64 opinions

1Opinion of the Court

OPINION OF THE COURT

COWEN, Circuit Judge.

Appellant National Iranian Oil Company (“NIOC”) petitioned the district court to compel arbitration of a contract dispute under section 4 of the Federal Arbitration Act, 9 U.S.C. § 4 (1988). The district court borrowed the Delaware statute of limitations for contract, claims and dismissed NIOC’s petition as untimely. NIOC contends that section 4 permits only the arbitrator, and not the district court, to adjudicate the timeliness of a petition to compel arbitration. NIOC also moves to dismiss this appeal and vacate the district court’s opinion on the…

2Cases cited45 opinions

  1. Moses H. Cone Memorial Hospital v. Mercury Construction Corp.Supreme Court of the United States · 1983
  2. Klaxon Co. v. Stentor Electric Manufacturing Co.Supreme Court of the United States · 1941
  3. At&T Technologies, Inc. v. Communications WorkersSupreme Court of the United States · 1986
  4. Sibron v. New YorkSupreme Court of the United States · 1968
  5. Wilson v. GarciaSupreme Court of the United States · 1985

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3Cited by64 opinions

  1. Janney Montgomery Scott, Inc. v. Shepard Niles, Inc.Court of Appeals for the Third Circuit · 1993
  2. CMR DN CORP and Marina Towers v. City of PhiladelphiaCourt of Appeals for the Third Circuit · 2013
  3. New Rock Asset Partners, L.P. v. Preferred Entity Advancements, Inc.Court of Appeals for the Third Circuit · 1996
  4. Sidney Lundy Claire Lundy v. Adamar of New Jersey, Inc., T/a Trop World, Defendant/third Party v. Dr. Domenic Frank Carlino, Individually Dr. Domenic Frank Carlino, a Professional Association, Third-PartyCourt of Appeals for the Third Circuit · 1994
  5. Painewebber Incorporated Sheldon Chaiken Lee H. Lovejoy Anthony Presogna Kevin Collins v. Henry J. Faragalli, Jr.Court of Appeals for the Third Circuit · 1995

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