In re the Arbitration between Karpinecz & Marshall

In our opinion, the above issue constitutes a bona fide dispute which relates to the conduct of the corporate business and is embraced within the stockholders’ agreement to arbitrate. “ While it is true that whether or not a bona fide dispute exists is for the court (Matter of Wenger & Co. v. Propper Silk Hosiery Mills, 239 N. Y. 199), it is equally true that in a proceeding to compel arbitration the question for the court to pass upon is whether the written contract provides for arbitration and, if so, whether there was a failure to proceed with the obligation to arbitrate (Matter of Kahn…