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INTERNATIONAL UNDERWRITERS AG v. TRIPLE I

No. 07-10284.

533 F.3d 1342 (2008)

INTERNATIONAL UNDERWRITERS AG & Liberty Re-Insurance Corporation, S.A., Plaintiff-Counter-Defendant-Appellant, v. TRIPLE I: INTERNATIONAL INVESTMENTS, INC., Defendant-Counterclaimant-Appellee.

United States Court of Appeals, Eleventh Circuit.

July 14, 2008.

Attorney(s) appearing for the Case

Gerson M. Joseph, Gerson M. Joseph, P.A., Plantation, FL, Allan A. Joseph, David & Joseph, P.L., Miami, FL, for Appellant.

Ronald S. Holliday, Laura E. Ward, DLA Piper US LLP, Tampa, FL, for Appellees.

Before BIRCH and FAY, Circuit Judges, and HINKLE, District Judge.

HINKLE, District Judge:

This appeal raises the issue of the arbitrability of specific claims arising from a commercial venture gone bad. The object of the venture was the construction of a cement plant in Nigeria. The parties to this appeal are the owner who proposed to build the plant and the surety who agreed to issue a financial guarantee bond as collateral for a loan that would fund the project. The owner asserts the proposed loan was a sham. The owner sued the...

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