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TOHATO, INC. v. PINEWILD MANAGEMENT, INC.

No. COA97-550.

496 S.E.2d 800 (1998)

TOHATO, INC., (formerly Tohato Seika Co., LTD.), a Japanese Corporation, Plaintiff, v. PINEWILD MANAGEMENT, INC., a Virginia Corporation, and Country Club of Pinewild Management, Inc., a North Carolina Corporation, Defendants, v. CLUBCORP REALTY HOLDINGS, INC., on behalf of itself, Individually and on behalf of Pinewild Realty Master Joint Venture, Intervening Defendant.

Court of Appeals of North Carolina.

January 20, 1998.

Attorney(s) appearing for the Case

Beaver, Holt, Richardson, Sternlicht, Burge & Glazier, P.A. by H. Gerald Beaver, Mark A. Sternlicht, and Jessica S. Cook, Fayetteville, for plaintiff-appellee.

Womble, Carlyle, Sandridge & Rice, PLLC by S. Fraley Bost, Winston Salem, for Club-Corp Realty Holdings, Inc., intervening defendant-appellant.

Van Camp, Hayes & Meacham, P.A. by James R. Van Camp and Michael J. Newman; and Brown, McCarroll & Oakes Hartline by Jackson D. Wilson, II, Carthage, for Pinewild Management, Inc., and Country Club of Pinewild Management, Inc., defendant-appellants.

SMITH, Judge.

This appeal involves the enforceability of an arbitration clause found in an agreement governed by Texas law. On 20 February 1990, ClubCorp Realty Holdings, Inc. ("Club-Corp"), a Texas corporation, entered into a Master Joint Venture Agreement with Lieben USA Corporation ("Lieben"), a California corporation. ClubCorp was designated as the Managing General Partner of the joint venture, and Lieben was designated as a General Partner. The purpose of the...

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