CASABLANCA TRAX, INC. v. TRAX RECORDS, INC.

No. 1-06-2194.

889 N.E.2d 1219 (2008)

CASABLANCA TRAX, INC., Plaintiff-Appellee, v. TRAX RECORDS, INC.; Sanlar Publishing; Trax Continental Ltd.; Phat Trax; R & L Records, Inc.; Saber Records, Ltd.; Hot Mix 5 Records; House-Time Records; Dangerous Records; Demand Records; Maad Records; Precision Records, Ltd.; Larry Sherman; and Rachel Cain Sherman, Defendants-Appellants.

Appellate Court of Illinois, First District, Sixth Division.

June 6, 2008.


Attorney(s) appearing for the Case

Duane Morris, Chicago (John T. Schriver and Richard P. Darke), for appellant.

Golan & Christie LLP, Chicago (Barbara L. Yong and Caren A. Lederer), for appellee.


Justice McNULTY delivered the opinion of the court:

What happens when the parties to a contract put a broad arbitration clause in one document, but include no such clause in a second document providing security for the promises made in the first document? At least under the circumstances of this case, we hold that the parties must submit the question of arbitrability to the arbitrator first, before addressing any claims that may not be subject to the arbitration clause...

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