NII Metals Services, Inc. v. ICM Steel Corp.
District Court, N.D. Illinois
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
SHADUR, District Judge.
This case poses a problem that, though it must recur with some degree of frequency, has seldom been addressed by the federal courts. It stems from an apparent tension between Sections 3 and 9 of the Federal Arbitration Act, 9 U.S.C. §§ 3 and 9 (cited in this opinion as “Section — ”). For the reasons stated in this memorandum opinion and order, the Court resolves the tension in a manner it believes gives effect to both sections, by ordering enforcement of an arbitration award.
Plaintiff Nil Metals Services, Inc. (“Nil”) initially brought this…
2Cases cited7 opinions
- Bernhardt v. Polygraphic Co. of America, Inc.Supreme Court of the United States · 1956
- Robert Lawrence Company, Inc. v. Devonshire Fabrics, Inc.Court of Appeals for the Second Circuit · 1959
- Robert Lawrence Co. v. Devonshire Fabrics, Inc.Supreme Court of the United States · 1960
- Cook Associates, Inc. v. Colonial Broach & MacHine Co.Appellate Court of Illinois · 1973
- Murray Oil Products Co. v. Mitsui & Co.Court of Appeals for the Second Circuit · 1944
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3Cited by22 opinions
- Marcy Smiga v. Dean Witter Reynolds, Inc., and Raymond B. AndersonCourt of Appeals for the Second Circuit · 1985
- Merrill Lynch, Pierce, Fenner & Smith, Inc. And Patrick Palella v. Peter H. Lauer and Therese A. LauerCourt of Appeals for the Seventh Circuit · 1995
- Sutter Corp. v. P & P Industries, Inc.Court of Appeals for the Fifth Circuit · 1997
- Enserch International Exploration, Inc. v. Attock Oil Co.District Court, N.D. Texas · 1987
- In Re Vms Securities Litigation.Court of Appeals for the Seventh Circuit · 1994
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