SOKOL HOLDINGS, INC. v. BMB MUNAI, INC.

Docket No. 07-2871-cv.

542 F.3d 354 (2008)

SOKOL HOLDINGS, INC., Brian Savage, and Thomas Sinclair, Plaintiffs-Appellees, v. BMB MUNAI, INC., Boris Cherdabayev, Alexandre Agaian, Bakhytbek Baiseitov, Mirgali Kunayev, Georges Benarroch, Credifinance Capital, Inc., and Credifinance Securities, Ltd., Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided: September 18, 2008.


Attorney(s) appearing for the Case

Thomas E.L. Dewey, Dewey Pegno & Kramarsky LLP, (Jerome M. Marcus, Jonathan Auerbach, Marcus Auerbach & Zylstra, LLC, Wyncote, PA; Jacob A. Goldberg, Jamie Mogil, Faruqi & Faruqi, New York, NY; on the brief), New York, NY, for Plaintiffs-Appellees.

Kenneth A. Caruso, Bracewell & Giuliani LLP (Daniel S. Meyers, David A. Shargel, on the brief), New York, NY, for Defendants-Appellants.

Before: LEVAL, SOTOMAYOR, and B.D. PARKER, Circuit Judges.


LEVAL, Circuit Judge:

Defendants appeal from an order of the United States District Court for the Southern District of New York (Wood, Chief Judge) denying their motion under § 3 of the Federal Arbitration Act ("FAA"), 9 U.S.C. § 3, to stay or dismiss plaintiffs' action pending arbitration in Kazakhstan. Defendants assert that they are entitled to arbitrate plaintiffs' claims, although they are not parties to the contract by which plaintiffs agreed...

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