COOPER v. DE LA MOTOBECANE


57 N.Y.2d 408 (1982)

Robert R. Cooper, Respondent, v. Ateliers De La Motobecane, S. A., Appellant.

Court of Appeals of the State of New York.

Decided November 18, 1982.


Attorney(s) appearing for the Case

Richard Kent Bernstein and Pierre Cournot for appellant.

Steven L. Cohen for respondent.

Judges JONES, WACHTLER and FUCHSBERG concur with Chief Judge COOKE; Judge MEYER dissents and votes to affirm in a separate opinion in which Judges JASEN and GABRIELLI concur.


Chief Judge COOKE.

The United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (UN Convention) was drafted to minimize the uncertainty of enforcing arbitration agreements and to avoid the vagaries of foreign law for international traders. This policy would be defeated by allowing a party, contrary to contract, to bring multiple suits and to obtain an order of attachment before...

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