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KVAERNER ASA v. BANK OF TOKYO-MITSUBISHI, LTD.

No. 99-1368.

210 F.3d 262 (2000)

KVAERNER ASA; J.A. Jones, Incorporated, Plaintiffs-Appellees, v. The BANK OF TOKYO-MITSUBISHI, LIMITED, NEW YORK BRANCH, as an agent on behalf of itself, Defendant-Appellant, and Barclays Bank PLC, New York Branch; Bayerische Vereinsbank, AG, New York Branch; Credit Suisse First Boston, New York Branch; Dai-Ichi Kangyo Bank, Limited New York Branch; The Fuji Bank, Limited, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided: April 17, 2000.

Attorney(s) appearing for the Case

ARGUED: Thomas Joseph Hall, Chadbourne & Parke, L.L.P., New York, New York, for Appellant. Douglas Leo Patin, Spriggs & Hollingsworth, Washington, D.C., for Appellees. ON BRIEF: Brian A. Miller, Chadcourne & Parke, L.L.P., New York, New York; L. Neal Ellis, Jr., Albert Diaz, Huntin & Williams, Raleigh, North Carolina, for Appellant. Mark J. Blando, Spriggs & Hollingsworth, Washington, D.C.; Neil E. McDonnell, Dorsey & Whitney, L.L.P., New York, New York; Gregory J. Murphy, Moore & Van Allen, Charlotte, North Carolina, for Appellees.

Before WIDENER and LUTTIG, Circuit Judges, and ANDERSON, United States District Judge for the District of South Carolina, sitting by designation.

Affirmed by published opinion. Judge LUTTIG wrote the opinion, in which Judge WIDENER and Judge ANDERSON joined.

OPINION

LUTTIG, Circuit Judge:

Kvaerner and Jones filed a petition to compel the Bank of Tokyo to arbitrate disputes related to the performance of a construction contract, which performance Kvaerner and Jones had guaranteed to the Bank through formal Guaranties. The district court held that under...

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