Application of Conticommodity Services Inc., for an Order Restraining Arbitration Attempted to Be Had by Philipp & Lion

FEINBERG, Circuit Judge:

The issue in this case is whether a court or an arbitrator should decide the timeliness of a demand for arbitration. Philipp & Lion (Philipp), the party seeking arbitration, appeals from an order of the United States District Court for the Southern District of New York, Kevin T. Duffy, J., that granted the petition of appellee Conticommodity Services Inc. (Conti) to stay Philipp’s demand for arbitration and denied Philipp’s cross-motion to compel arbitration under section 4 of the Federal Arbitration Act, 9 U.S.C. § 4. The judge held that it was proper for the district…