Cologne Life Reinsurance Co. v. Reinsurance (North America), Inc.

OPINION OF THE COURT

Ellerin, J.

This case began as a question of whether the dispute between the parties to an agreement was arbitrable pursuant to that agreement. The IAS court granted petitioners’ application for a permanent stay of arbitration and this appeal ensued. Although the arbitrability issue was mooted by respondent-appellant’s withdrawal of its demand for arbitration, the question that remains at this stage is the underlying question of the enforceability of the agreement. We therefore convert this proceeding for a stay of arbitration into an action for a declaratory judgment and…