MATTER OF SOLKAV SOLARTECHNIK


227 A.D.2d 94 (1997)

652 N.Y.S.2d 654

In the Matter of the Arbitration between Solkav Solartechnik, Ges. M.B.H., Appellant, and Besicorp Group, Inc., as Successor in Interest to Bio-Energy Systems, Inc., Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

January 16, 1997


Attorney(s) appearing for the Case

Goldberg, Gelman & Harnik, New York City (Stephen M. Harnik of counsel), for appellant.

Brown, Kelleher, Zwickel & Wilheim, Windham (Kevin M. Kelleher of counsel), for respondent.

CARDONA, P. J., MIKOLL and YESAWICH JR., JJ., concur.


WHITE, J.

In 1981, petitioner, an Austrian corporation, entered into a license and distribution agreement with respondent's predecessor which included an arbitration clause providing as follows: "Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration in accordance with the Licensing Agreement Arbitration...

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