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ACEQUIP LTD. v. AMERICAN ENGINEERING CORP.

Docket No. 01-9166.

315 F.3d 151 (2003)

ACEQUIP LTD., Plaintiff-Appellee, v. AMERICAN ENGINEERING CORPORATION, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: January 2, 2003.

Attorney(s) appearing for the Case

Edward J. Heath, Robinson & Cole, LLP, Hartford, CT (Jeffrey C. Kestenband, Robinson & Cole, LLP, Scott F. Roybal and Daniel W. Park Sheppard, Mullin, Richter & Hampton, LLP, Los Angeles, CA, on the brief) for Appellant.

David M. Cohen, Wofsey, Rosen, Kweskin & Kuriansky, LLP, Stamford, CT (John A. Farnsworth, on the brief) for Appellee.

Before CALABRESI, POOLER, and SACK, Circuit Judges.

POOLER, Circuit Judge.

Appellant American Engineering Corp. ("AEC") asks us to decide if a party resisting the appointment of an arbitrator has the right to a hearing testing the validity of the arbitration agreement. ACEquip, Ltd. won the appointment of an arbitrator to settle a dispute with AEC without first seeking to compel arbitration. AEC challenges this outcome, primarily arguing that it is entitled to a hearing to test whether it had a valid arbitration agreement...

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