MFAI (Jersey) Ltd. v. Westbury Holdings, Inc.

Order, Supreme Court, New York County (Barry Cozier, J.), entered on or about March 12, 1999, which, in an action for breach of contract, denied plaintiffs motion to confirm an ex parte order of attachment, unanimously affirmed, with costs.

The attachment should be denied in the absence of any proffered reasons for not enforcing the clause in the subject investment agreement unambiguously providing for arbitration of all disputes in Geneva under the rules of Conciliation and Arbitration of the International Chamber of Commerce (see, Shah v Eastern Silk Indus., 112 AD2d 870, affd 67 NY2d 632).…