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MARKS 3 ZET-ERNST MARKS GMBH & CO. v. PRESSTEK, INC.

No. 05-2794.

455 F.3d 7 (2006)

MARKS 3-ZET-ERNST MARKS GMBH & CO. KG, Plaintiff, Appellant, v. PRESSTEK, INC., Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided July 11, 2006.

Attorney(s) appearing for the Case

Kevin M. Fitzgerald, with whom John E. Friberg, Jr. and Nixon Peabody LLP were on brief, for appellant.

James D. Rosenberg, with whom Arpiar G. Saunders, Jr. and Shaheen & Gordon, P.A. were on brief, for appellee.

Before TORRUELLA and LYNCH, Circuit Judges, and YOUNG, District Judge.

LYNCH, Circuit Judge.

This case raises some unusual issues about actions seeking to compel international arbitration.

The plaintiff, Marks 3-Zet-Ernst Marks GMBH ("Marks"), a German company, and the defendant, Presstek, Inc. ("Presstek"), a Delaware corporation with its principal place of business in New Hampshire, in 2000 entered into a commercial agreement, which included an arbitration clause.

The arbitration clause is governed by Chapter Two of...

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