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MOBIL OIL v. ASAMERA OIL

56 A.D.2d 339 (1977)

Mobil Oil Indonesia Inc., Respondent, v. Asamera Oil (Indonesia) Ltd. et al., Appellants

Appellate Division of the Supreme Court of the State of New York, First Department.

March 17, 1977

Attorney(s) appearing for the Case

C. MacNeil Mitchell of counsel (Stephen R. Lang and Paul J. Weiner with him on the brief; Breed, Abbott & Morgan, attorneys), for appellants.

William E. Jackson of counsel (Adlai S. Hardin, Jr., and Richard C. Tufaro with him on the brief; Milbank, Tweed, Hadley & McCloy, attorneys), for respondent.

LUPIANO AND MARKEWICH, JJ., concur; KUPFERMAN, J. P., and BIRNS, J., dissent and would affirm on opinion of FRAIMAN, J., and dissenting note of Arbitrator Judge VANVOORHIS.

NUNEZ, J.

In this action involving contract rights to explore and produce vast petroleum reserves, the parties seek a determination of which procedural rules shall govern arbitration of their disputes. The contract, dated July 16, 1968, contained a broad arbitration clause providing that "[a]ny dispute arising out of or relating to this Agreement shall be settled by arbitration in accordance with the Rules of...

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