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ISC HOLDING AG v. NOBEL BIOCARE FINANCE AG

Nos. 10-4867-cv(L), 11-239-cv(CON).

688 F.3d 98 (2012)

ISC HOLDING AG, Petitioner-Appellant, v. NOBEL BIOCARE FINANCE AG, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided: July 25, 2012.

Attorney(s) appearing for the Case

Louis B. Kimmelman ( Pamela Rogers Chepiga , on the brief), Allen & Overy LLP, New York, NY, for Petitioner-Appellant.

Martin S. Hyman , ( Jeffrey T. Golenbock , on the brief), Golenbock Eiseman Assor Bell & Peskoe LLP, New York, NY, for Respondent-Appellee.

Judge STRAUB files a separate opinion concurring in part and dissenting in part.

DEBRA ANN LIVINGSTON, Circuit Judge:

Petitioner-Appellant ISC Holding AG ("ISC") appeals from a November 23, 2010 order of the United States District Court for the Southern District of New York (Stanton, J.) vacating its voluntary notice of dismissal and from a judgment, entered on January 20, 2011, dismissing with prejudice its petition to compel arbitration. The matter presents two issues. First, ISC contends that the district court abused its discretion...

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