In re the Arbitration between IndustriMatematik AB & Fisher Scientific International, Inc.

Appellate Division of the Supreme Court of New York

In re the Arbitration between IndustriMatematik AB & Fisher Scientific International, Inc.

266 A.D.2d 80, 698 N.Y.S.2d 462

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 16, 1999

StatusPublished

This text of 266 A.D.2d 80 (In re the Arbitration between IndustriMatematik AB & Fisher Scientific International, Inc.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re the Arbitration between IndustriMatematik AB & Fisher Scientific International, Inc., 266 A.D.2d 80, 698 N.Y.S.2d 462 (N.Y. Ct. App. 1999).

Pincite

Opinion

—Order and judgment (one paper), Supreme Court, New York County (Richard Braun, J.), entered March 15, 1999, which denied the petition pursuant to CPLR 7503 (b) for a stay of arbitration of certain claims for fraud asserted by respondent against petitioners, unanimously affirmed, with costs.

The arbitration clauses contained in the parties’ Services Agreements, apply to “any controversy or claim arising out of, or relating to” those agreements. Accordingly, since the fraud [81]*81claims whose arbitration petitioners would stay indisputably relate to the enforceability of respondent’s obligations under the Services Agreements, the fraud claims were properly found to be arbitrable by the IAS Court (see, Alsy Corp. v Gindel, 197 AD2d 492). Concur — Williams, J. P., Mazzarelli, Rubin, Saxe and Buckley, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

—Order and judgment (one paper), Supreme Court, New York County (Richard Braun, J.), entered March 15, 1999, which denied the petition pursuant to CPLR 7503 (b) for a stay of arbitration of certain claims for fraud asserted by respondent against petitioners, unanimously affirmed, with costs.

The arbitration clauses contained in the parties’ Services Agreements, apply to “any controversy or claim arising out of, or relating to” those agreements. Accordingly, since the fraud [81]*81claims whose arbitration petitioners would stay indisputably relate to the enforceability of respondent’s obligations under the Services Agreements, the fraud claims were properly found to be arbitrable by the IAS Court (see, Alsy Corp. v Gindel, 197 AD2d 492). Concur — Williams, J. P., Mazzarelli, Rubin, Saxe and Buckley, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

266 A.D.2d 80, 698 N.Y.S.2d 462, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-arbitration-between-industrimatematik-ab-fisher-scientific-nyappdiv-1999.

Opinion

Related

Cite This Page — Counsel Stack