Rexam Ltd. Partnership, S.E. v. Resolution Trust Corp.

ORDER

PIERAS, District Judge.

The Court has before it Defendant’s Motion to Compel Exhaustion of Administrative Remedies Prior to Continuation of Proceedings. At issue is whether the opportunity to arbitrate which is provided by the Financial Institution Reform, Recovery and Enforcement Act of 1989 (FIRREA) is mandatory or optional. Because the “various provisions in FIRREA are difficult to reconcile” Tuxedo Beach Club Corp. v. City Federal Sav. Bank, 737 F.Supp. 18, 20 (D.N.J.1990) the legislative history which explains the statute must be given due consideration. The statute which sets up the…