Insurance Company of North America and Fidelity and Casualty Company of New York, as Subrogees of Aes Placerita, Inc. v. Abb Power Generation Inc.

LEVAL, Circuit Judge:

Defendant ABB Power Generation Inc. appeals from the judgment of the United States District Court for the Southern District of New York, Lewis A. Kaplan, Judge, finding that plaintiffs’ claims are not barred by applicable statutes of limitations, holding that plaintiffs’ tort claims are arbitrable, and ordering arbitration. The question whether plaintiffs’ demand for arbitration of the contract claims is timely turns on the interpretation of New York statutory law on which there is no authoritative guidance from the courts of New York. We have decided to certify this…