Legal Opinion

Banque De Paris Et Des Pays-Bas v. Amoco Oil Co.

District Court, S.D. New York

Decided October 31, 1983No. 82 Civ. 4441 (ADS)PublishedCited by 23 opinions

1Opinion of the Court

OPINION AND ORDER

SOFAER, District Judge.

The federal courts enforce arbitration agreements in the wholehearted spirit intended by Congress. In considering a motion to compel arbitration or to stay judicial proceedings pending arbitration, a district court is limited to satisfying itself that the parties reached an agreement to arbitrate and that a party has failed to perform that agreement. The court may not even consider whether the nonperforming party has a valid defense to arbitration, such as laches; nor may it permit a party bound by an arbitration agreement to evade its obligations by…

2Cases cited34 opinions

  1. United Steelworkers v. Warrior & Gulf Navigation Co.Supreme Court of the United States · 1960
  2. Prima Paint Corp. v. Flood & Conklin Mfg. Co.Supreme Court of the United States · 1967
  3. Scherk v. Alberto-Culver Co.Supreme Court of the United States · 1974
  4. Bernhardt v. Polygraphic Co. of America, Inc.Supreme Court of the United States · 1956
  5. Robert Lawrence Company, Inc. v. Devonshire Fabrics, Inc.Court of Appeals for the Second Circuit · 1959

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

3Cited by23 opinions

  1. Jim Burke Automotive, Inc. v. BeaversSupreme Court of Alabama · 1996
  2. American Freight System, Inc. v. Consumer Products Associates (In Re American Freight System, Inc.)District Court, D. Kansas · 1994
  3. Gruntal & Co., Inc. v. SteinbergDistrict Court, D. New Jersey · 1994
  4. Joanne Kong v. Allied Professional Insurance CompanyCourt of Appeals for the Eleventh Circuit · 2014
  5. McMahon v. RMS Electronics, Inc.District Court, S.D. New York · 1985

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

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