NATIONAL IRANIAN OIL CO. v. MAPCO INTERN., INC.

No. 91-3879.

983 F.2d 485 (1992)

NATIONAL IRANIAN OIL COMPANY, Appellant, v. MAPCO INTERNATIONAL, INC.

United States Court of Appeals, Third Circuit.

Decided December 28, 1992.


Attorney(s) appearing for the Case

Stephen M. Truitt (argued) and Susan L. Launer, Pepper, Hamilton & Scheetz, Washington, DC, for appellant.

Louis C. Lustenberger (argued) and George R. Hinckley, Jr., Donovan Leisure Newton & Irvine, New York City, for appellee.

Before: COWEN, NYGAARD and SEITZ, Circuit Judges.


OPINION OF THE COURT

COWEN, Circuit Judge.

Appellant National Iranian Oil Company ("NIOC") petitioned the district court to compel arbitration of a contract dispute under section 4 of the Federal Arbitration Act, 9 U.S.C. § 4 (1988). The district court borrowed the Delaware statute of limitations for contract claims and dismissed NIOC's petition as untimely. NIOC contends that section 4 permits only the arbitrator, and not the district court, to adjudicate...

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