MATTER OF AMER. RAIL & STEEL CO. (INDIA SUPPLY MISSION)


308 N.Y. 577 (1955)

In the Matter of the Arbitration between American Rail & Steel Co., Appellant, and India Supply Mission (Government of India), Respondent.

Court of Appeals of the State of New York.

Decided June 9, 1955


Attorney(s) appearing for the Case

Louis Urow, Milton E. Canter and Irving Galt for appellant.

Howard Hilton Spellman and Daniel R. Pino for respondent.

CONWAY, Ch. J., DESMOND, FULD, FROESSEL, VAN VOORHIS and BURKE, JJ., concur.


DYE, J.

The issue here is whether a contract for the purchase and sale of a quantity of used steel rails and angle bars bound the parties to settle disputes arising therefrom exclusively by arbitration. Whether it did or not depends on purchase order language providing viz.: "This Contract is placed in accordance with the conditions of contract Form ISM 826 Rev. Copy attached and can be modified or supplemented...

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