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HALCON INTERNATIONAL, INC. v. MONSANTO AUSTRALIA LTD.

No. 18669.

446 F.2d 156 (1971)

HALCON INTERNATIONAL, INC., Respondent-Appellant, v. MONSANTO AUSTRALIA LIMITED, Petitioner-Appellee.

United States Court of Appeals, Seventh Circuit.

Rehearing Denied August 11, 1971.

Attorney(s) appearing for the Case

Lloyd W. Bowers, Chicago, Ill., Edward N. Costikyan, New York City, Gardner, Carton, Douglas, Chilgren & Waud, Chicago, Ill., Paul, Weiss, Goldberg, Rifkind, Wharton & Garrison, New York City, for respondent-appellant; Sidney S. Rosdeitcher, Selvyn Seidel, New York City, of counsel.

Harlan L. Hackbert, Chicago, Ill., Jerome N. Groark, Chicago, Ill., for petitioner-appellee.

Before SWYGERT, Chief Judge, KILEY and SPRECHER, Circuit Judges.

SPRECHER, Circuit Judge.

This appeal raises the question of whether the federal court or the arbitrator shall determine the merits of the defense of laches under the Federal Arbitration Act. 9 U.S.C. §§ 1-14.

On May 7, 1962, Monsanto Australia Limited, then named Monsanto Chemicals (Australia) Limited ("Monsanto"), a corporation organized under the laws of the Commonwealth of Australia with its principal...

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