BEL-RAY COMPANY V. CHEMRITE (PTY) LTD.
181 F.3d 545 (3rd Cir. 1999)
NATURE OF THE CASE: Lubritente (D1), a foreign corporation and four of its directors and
officers, sought review of an order compelling them to arbitrate claims brought against them
by Bel-Ray (P) arguing that the lower court erred in concluding that Ds were bound under the
predecessor corporation's arbitration agreement.
FACTS: Bel-Ray (P) made specialty lubricants. P made money by trade agreements for other
companies to use its technology. One such agreement was made with Chemrite (D) in South
Africa. In 1996, a newly formed firm called Lubritente (D1) acquired D's business including
the rights under the P-D agreement. Four persons who were shareholders in D also took
positions with D1. P sued D1 charging fraud and other torts and with violation of the
agreements. P got an order for arbitration against D1 as was required under the P-D
agreement. D1 appealed relying on the P-D agreement that required P's written consent to any
assignment of D's interest under the agreements.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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