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- Title
COMMERCIAL -- RES JUDICATA -- NOVATION -- 9 U.S.C. §4.
- Abstract
This section discusses the validity of the arbitration agreement or underlying contract in the case Great American Trading Corp. (GATC) v. I.C.P. Cocoa Inc., which was filed in the U.S. in 1980. The district court erred when it did not direct the parties to go to trial on the issue of whether a valid arbitration agreement existed, as provided for in the U.S. Arbitration Act. ICP and GATC entered into a contract for the sale of cocoa powder. The contract contained a provision for arbitration in New York of any dispute in accordance with the rules of the Cocoa Merchants Association of America Inc. Subsequent to the execution of the contract, the parties entered into negotiations to modify the agreement. When GATC refused to schedule delivery, ICP demanded arbitration and filed a motion to compel arbitration. The court ordered the parties to go to arbitration. The appellate court reversed, holding that the U.S. Arbitration Act requires a trial to determine whether a valid agreement exists.
- Subjects
UNITED States; GREAT American Trading Corp.; I.C.P. Cocoa Inc.; COMMERCIAL arbitration agreements; ARBITRATION &; award; ACTIONS &; defenses (Law)
- Publication
Arbitration Journal, 1981, Vol 36, Issue 3, p54
- ISSN
0003-7893
- Publication type
Article