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PAINEWEBBER INC. v. BYBYK

No. 370, Docket 94-9246.

81 F.3d 1193 (1996)

PAINEWEBBER INCORPORATED, Petitioner-Appellant, v. Michael J. BYBYK and Joyce O. Bybyk, Respondents-Appellees.

United States Court of Appeals, Second Circuit.

Decided April 19, 1996.

Attorney(s) appearing for the Case

Bonnie Steingart, Fried, Frank, Harris, Shriver & Jacobson, New York City (Brad S. Maistrow, Meyers & Maistrow, New York City, on the brief), for Petitioner-Appellant PaineWebber Incorporated.

John E. Lawlor, Garden City, NY, for Respondents-Appellees Michael J. Bybyk and Joyce O. Bybyk.

Lawrence E. Fenster, Orrick, Herrington & Sutcliffe, New York City, for Securities Industry Association as Amicus Curiae.

Stuart C. Goldberg, Deutsch & Lipner, Garden City, NY, for Public Investors Arbitration Bar Association as Amicus Curiae.

Before: VAN GRAAFEILAND, JACOBS and PARKER, Circuit Judges.

JACOBS, Circuit Judge:

In 1987, respondents-appellees Joyce and Michael Bybyk opened an investment account with petitioner-appellant PaineWebber Incorporated. On March 14, 1990, the parties executed a client agreement which contained an arbitration clause. That clause (which had retrospective as well as prospective effect) provided for the arbitration of "any and all controversies which may arise" concerning the account. The client agreement further provided that...

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