In the Matter of the Arbitration Between Interbras Cayman Co. v. Orient Victory Shipping Co., S.A.

Orient Victory Shipping Co., S.A. appeals from an order of the United States District Court for the Southern District of New York, Whitman Knapp, J., compelling Orient to arbitrate a dispute with appellee Interbras Cayman Co., a Cayman Islands corporation. The district court issued its order on the basis of affidavits and papers without conducting a trial. 509 F.Supp. 1067,1068 (S.D.N.Y.1981). Because we conclude that a genuine issue of fact exists as to whether Orient is a party to the arbitration agreement, we reverse and remand to the district court for a trial pursuant to 9 U.S.C. § 4…