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NOMURA SEC. INTL. v. CITIBANK

81 N.Y.2d 614 (1993)

619 N.E.2d 385

601 N.Y.S.2d 448

In the Matter of Nomura Securities International, Inc., Appellant, v. Citibank, N. A., Respondent.

Court of Appeals of the State of New York.

Decided July 9, 1993.

Attorney(s) appearing for the Case

Kelley Drye & Warren, New York City (Kevin J. Walsh and Nicholas J. DiCarlo of counsel), Peter J. Chepucavage, New York City, and Eugene Allan Schlanger for appellant.

Howard, Darby & Levin, New York City (Jack P. Levin and J. Jay Lobell of counsel), for respondent.

Chief Judge KAYE and Judges SIMONS, HANCOCK, JR., BELLACOSA and SMITH concur.

TITONE, J.

The underlying dispute in this case arises out of certain of petitioner's business activities that were not conducted through the auspices of the New York Stock Exchange (NYSE) or any of the other self-regulated exchanges within the United States. The issue before us is whether rule 600 (a) of NYSE's rules, to which petitioner, a NYSE member, has subscribed, requires petitioner to submit to arbitration...

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