In re the Arbitration between Rederi & Dow Chemical Co.
New York Court of Appeals
1Opinion of the Court
Chief Judge Fuld.
Dow Chemical and Dow Chemical International (respondents herein) are entitled to arbitration under the Federal Arbitration Act (F.A.A.). Under that statute, since there is a valid arbitration agreement, all other issues, including the issue of time limitations, are for the arbitrators and not the court.
The underlying controversy between the parties — arising as it does from a charter party, a maritime contract—is solely Federal in character and governed exclusively by Federal substantive law. This being so, the petitioner-appellant should not be permitted to come into our…
2Cases cited10 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Hanna v. PlumerSupreme Court of the United States · 1965
- Prima Paint Corp. v. Flood & Conklin Mfg. Co.Supreme Court of the United States · 1967
- Guaranty Trust Co. v. YorkSupreme Court of the United States · 1945
- Romero v. International Terminal Operating Co.Supreme Court of the United States · 1959
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3Cited by60 opinions
- Smith Barney, Harris Upham & Co. v. LuckieNew York Court of Appeals · 1995
- Keating v. Superior CourtCalifornia Supreme Court · 1982
- Ericksen, Arbuthnot, McCarthy, Kearney & Walsh, Inc. v. 100 Oak StreetCalifornia Supreme Court · 1983
- Brown v. KFC National Management Co.Hawaii Supreme Court · 1996
- Main v. Merrill Lynch, Pierce, Fenner & Smith, Inc.California Court of Appeal · 1977
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