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STATE OF N.Y. v. ONEIDA INDIAN NATION OF NEW YORK

No. 1482, Docket 95-9166.

90 F.3d 58 (1996)

STATE OF NEW YORK and George E. Pataki, as Governor of the State of New York, Plaintiffs-Appellants, v. ONEIDA INDIAN NATION OF NEW YORK, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided July 23, 1996.

Attorney(s) appearing for the Case

Denise A. Hartman, Assistant Attorney General (Dennis C. Vacco, Attorney General of the State of New York, Victoria A. Graffeo, Solicitor General, Peter H. Schiff, Deputy Solicitor General, State of New York, Albany, NY, of counsel), for Appellants.

Michael R. Smith, Washington, DC (William W. Taylor, III, Jonathan H. Levy, Zuckerman, Spaeder, Goldstein, Taylor & Kolker, Washington, DC, of counsel), for Appellee.

Before: MESKILL, CARDAMONE and MINER, Circuit Judges.

MESKILL, Circuit Judge:

This case highlights the relationship between two guiding principles of the law of arbitration. The first principle requires the full enforcement of arbitration clauses and resolves ambiguities regarding the arbitrability of claims in favor of arbitrability. The second principle protects parties from being compelled to arbitrate claims they did not agree to arbitrate.

The United States District Court for the Northern District of New...

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