INTERGEN N.V. v. GRINA

No. 03-1056.

344 F.3d 134 (2003)

INTERGEN N.V., Plaintiff, Appellee, v. Eric F. GRINA, Alstom (Switzerland) Limited, and Alstom Power NV, Defendants, Appellants.

United States Court of Appeals, First Circuit.

Decided September 22, 2003.


Attorney(s) appearing for the Case

John M. Townsend, Hughes Hubbard & Reed LLP, Barry Y. Weiner, Christopher P. Litterio, and Ruberto, Israel & Weiner, P.C. on brief for appellants.

Evan Slavitt, Bodoff & Slavitt LLP, George Anthony Smith, Thomas Philip Wilson, and Sutherland Asbill & Brennan LLP on brief for appellee.

Before SELYA, Circuit Judge, STAPLETON and BALDOCK, Senior Circuit Judges.


SELYA, Circuit Judge.

This case invites us to fit a complex set of corporate pegs into a series of unfamiliar holes drilled by international conventions and federal statutes. But the pegs are square, the holes are round, and the fit is inexact. Given the facts of this case, the obvious bar to arbitrability is the abecedarian tenet that a party cannot be forced to arbitrate if it has not agreed to do so. The defendants advance several theories designed to circumvent...

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