Legal Opinion

In the Matter of Grand Bahama Petroleum Company, Limited v. Asiatic Petroleum Corporation

Court of Appeals for the Second Circuit

Decided March 3, 1977No. 152, Docket 76-7222PublishedCited by 52 opinions

1Opinion of the Court

ROBERT P. ANDERSON, Circuit Judge:

This is a proceeding to answer the following question, certified to this court pursuant to 28 U.S.C. § 1292(b):

“Whether [New York’s Business Corporation Law] BCL § 1312 may be invoked to preclude a non-qualifying foreign corporation from maintaining an action predicated upon diversity jurisdiction to compel arbitration pursuant to the Federal Arbitration Act, 9 U.S.C. § 1, et seq."

The district court felt that there was substantial ground for difference of opinion on this issue, citing In Re Master Key Antitrust Litigation, 528 F.2d 5 (2d Cir. 1975), although…

2Cases cited25 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. Prima Paint Corp. v. Flood & Conklin Mfg. Co.Supreme Court of the United States · 1967
  3. Commissioner v. SunnenSupreme Court of the United States · 1948
  4. Cromwell v. County of SacSupreme Court of the United States · 1877
  5. Guaranty Trust Co. v. YorkSupreme Court of the United States · 1945

20 more not listed; retrieve them via the Exa API.

3Cited by52 opinions

  1. A.I. Trade Finance, Inc. v. Petra BankCourt of Appeals for the Second Circuit · 1993
  2. Eleanor Snyder, of the Estate of Leroy Liljedahl v. Bruton SmithCourt of Appeals for the Seventh Circuit · 1984
  3. S & K Sales Co. v. Nike, Inc.Court of Appeals for the Second Circuit · 1987
  4. General Atomic Co. v. United Nuclear Corp.Court of Appeals for the Ninth Circuit · 1981
  5. Mediterranean Enterprises, Inc. v. Ssangyong Corp.Court of Appeals for the Ninth Circuit · 1983

47 more not listed; retrieve them via the Exa API.

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