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- Title
FORECLOSURE OF MECHANIC'S LIENS CAN BE STAYED AND PLAINTIFF DIRECTED TO ARBITRATE UNDER CONSTRUCTION CONTRACT EVEN IF ONE OF THE DEFENDANTS OF THE COURT ACTION WAS NOT A PARTY TO THE AGREEMENT CONTAINING THE ARBITRATION CLAUSE.
- Abstract
This article focuses on the court ruling given in Underhill Construction Corp. v. Oxford Hall Construction Corp. case. Foreclosure of mechanic's liens can be stayed and plaintiff directed to arbitrate under construction contract even if one of the defendants of the court action was not a party to the agreement containing the arbitration clause. The decisive issue is that the action is referable to arbitration and simultaneous prosecution of court action and arbitration should be avoided.
- Subjects
LEGAL judgments; ACTIONS &; defenses (Law); FORECLOSURE; LIENS; CONSTRUCTION contracts; COMMERCIAL arbitration agreements
- Publication
Arbitration Journal, 1965, Vol 20, Issue 2, p122
- ISSN
0003-7893
- Publication type
Article