Ivax Corp. v. B. Braun of America, Inc.

TJOFLAT, Circuit Judge:

B. Braun of America, Inc. (“BOA”), and B. Braun Medical Inc. (“BMI”), (collectively, “Braun”)1 appeal the district court’s denial of a petition to compel arbitration and accompanying motion for a stay pending arbitration. We conclude that the district court erred in finding that Braun had waived its right to arbitration, and, because we hold that the dispute between Braun and the appellee, Ivax Corporation (“Ivax”), falls within the scope of the parties’ arbitration clause, we reverse.

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On May 30, 1997, Braun, a Pennsylvania corporation, agreed to purchase from Ivax, a…