Hupp Industries, Inc. v. Environmental Products Amalgamated Pty., Inc. (In Re Hupp Industries, Inc.)

MEMORANDUM OF OPINION AND ORDER

RANDOLPH BAXTER, Bankruptcy Judge.

In this proceeding, the Court must determine whether an international commercial dispute should be submitted to arbitration or adjudicated in the Bankruptcy Court. Following a hearing on the motion of Defendant Environmental Products Amalgamated Pty., Ltd. (EPAP) to compel arbitration, the following findings of fact and conclusions of law are herein made:

I

The facts are generally undisputed. On June 24, 1991, Plaintiff Hupp Industries, Inc. (The Debtor), an American corporation, and EPAP, an Australian corporation, entered into a…