MATTER OF REDERI (DOW CHEM. CO.)


25 N.Y.2d 576 (1970)

In the Matter of the Arbitration between A/S J. Ludwig Mowinckels Rederi, Appellant, and Dow Chemical Company et al., Respondents.

Court of Appeals of the State of New York.

Decided January 22, 1970.


Attorney(s) appearing for the Case

R. Glenn Bauer and M. E. DeOrchis for appellant.

Gray Williams and George B. Warburton for respondents.

Judges SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON concur with Chief Judge FULD; Judge BURKE dissents and votes to reverse on the dissenting opinion at the Appellate Division.


Chief Judge FULD.

Dow Chemical and Dow Chemical International (respondents herein) are entitled to arbitration under the Federal Arbitration Act (F.A.A.). Under that statute, since there is a valid arbitration agreement, all other issues, including the issue of time limitations, are for the arbitrators and not the court.

The underlying controversy between the parties — arising as it does from a...

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