Legal Opinion
Acequip Ltd. v. American Engineering Corporation
Court of Appeals for the Second Circuit
Decided January 2, 2003No. Docket 01-9166PublishedCited by 68 opinions
1Opinion of the Court
POOLER, Circuit Judge.
Appellant American Engineering Corp. (“AEC”) asks us to decide if a party resisting the appointment of an arbitrator has the right to a hearing testing the validity of the arbitration agreement. ACEquip, Ltd. won the appointment of an arbitrator to settle a dispute with AEC without first seeking to compel arbitration. AEC challenges this outcome, primarily arguing that it is entitled to a hearing to test whether it had a valid arbitration agreement with ACEquip before an appointment is made. We first find that the district court, prior to granting the application,…
2Cases cited6 opinions
- Patricia SHUMWAY, Plaintiff-Appellant, v. UNITED PARCEL SERVICE, INC., Defendant-AppelleeCourt of Appeals for the Second Circuit · 1997
- Interocean Shipping Company v. National Shipping and Trading Corporation and Hellenic International Shipping, S.A.Court of Appeals for the Second Circuit · 1972
- International Brotherhood of Teamsters of America v. ShapiroSupreme Court of Connecticut · 1951
- Welch Group, Inc. v. Creative Drywall, Inc.Supreme Court of Connecticut · 1990
- In the Matter of the Arbitration Between Ray Chung and Brien Smith, as Representatives for the Unit Holders and Incentive Unit Holders, and President Enterprises Corp.Court of Appeals for the Second Circuit · 1991
1 more not listed; retrieve them via the Exa API.
3Cited by68 opinions
- CMH HOMES v. PerezTexas Supreme Court · 2011
- Daniel v. American Board of Emergency MedicineCourt of Appeals for the Second Circuit · 2005
- Manley v. Ambase Corp.Court of Appeals for the Second Circuit · 2003
- Catskill Development, L.L.C. v. Park Place Entertainment Corp.Court of Appeals for the Second Circuit · 2008
- Doninger Ex Rel. Doninger v. NiehoffCourt of Appeals for the Second Circuit · 2008
63 more not listed; retrieve them via the Exa API.