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

U.S. Court of Appeals, Second Circuit · Decided 1980-01-15

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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…

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