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- Title
Appealability of Order Under FAA.
- Authors
Zuckerman, Susan C.
- Abstract
This article states that the U.S. Court of Appeals for the 2nd Circuit ordered that the compelled arbitration of a dispute between parties to a settlement agreement was not appealable under section 16 of the Federal Arbitration Act, in the case of Ermenegildo Zegna Corp. versus Lanificio Mario Zegna SpA (LMZ). An order compelling arbitration of a dispute between the parties to a settlement agreement was not appealable under section 16 of the Federal Arbitration Act because the case involved an embedded proceeding in which relief other than an order prohibiting or compelling arbitration was sought, and the issue of arbitrability was raised by the defendant on the motion to compel. This case involved a 1987 settlement agreement that had resolved a trademark infringement litigation between the two companies, over the use of the ZEGNA mark. The court also noted that the issue of arbitrability was raised by LMZ's motion to compel arbitration, noting that a case is typically considered embedded when the defendant introduces arbitration into the pending action. This is not changed, the court said, by an order referring a breach of contract claim to arbitration.
- Subjects
UNITED States; ACTIONS &; defenses (Law); ERMENEGILDO Zegna Corp.; LANIFICIO Mario Zegna SpA; DISPUTE resolution; UNITED States. Court of Appeals (2nd Circuit); TRADEMARK infringement
- Publication
Dispute Resolution Journal, 1998, Vol 53, Issue 2, p92
- ISSN
1074-8105
- Publication type
Article