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BANK JULIUS BAER & CO. v. WAXFIELD LTD.

Docket No. 04-6668-CV.

424 F.3d 278 (2005)

BANK JULIUS BAER & CO., LTD., Defendant-Counter-Claimant-Cross-Defendant-Appellant, v. WAXFIELD LTD., Defendant-Third-Party-Plaintiff-Counter-Claimant-Appellee, Arthur Steinberg, as Temporary Receiver of Sagam Capital Management Corp., Sagam Capital LLC, B.B.C.F.D., S.A., and Skilled Investors Inc., Plaintiff-Counter-Defendants, Estate of Yehuda Shiv, Flame Corp., Jeda Corporation, Eclectic Holdings Inc., Sydney Plastic Corp., Menachem Ivcher, Sagiv Shiv, Mina Persyko, Karin Zakrewski, and Urs G. Schwytter, Third-Party-Defendants.

United States Court of Appeals, Second Circuit.

Decided September 13, 2005.

Attorney(s) appearing for the Case

Bruce E. Coolidge, New York, N.Y. (Christopher J. Meade, Todd C. Zubler, Karen C. Daly, Wilmer Cutler Pickering Hale and Dorr, New York, NY, David S. Smith, Smith Campbell, New York, NY, of counsel), for Defendant-Counter-Claimant-X-Def-Appellant.

Kenneth F. Peshkin, Great Neck, N.Y. (Janice Purvis, Joseph Yerushalmi, Yerushalmi & Associates, Great Neck, NY, of counsel), for Defendant-Third-Party-Plaintiff-Counter-Claimant-Appellee.

Before: MESKILL, SACK and B.D. PARKER, Circuit Judges.

MESKILL, Circuit Judge.

This appeal concerns the interaction between a broad agreement between the parties to arbitrate their disputes and a series of later-enacted agreements that one party asserts vitiate that understanding. Appellant Bank Julius Baer & Co., Ltd. appeals from an interlocutory order of the United States District Court for the Southern District of New York, Hellerstein, J., refusing to stay the...

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