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DEEPHAVEN DISTRESSED OPPORTUNITIES TRADING, LTD. v. 3V CAPITAL MASTER FUND LTD.

2597, 600610/08, 590803/08

72 A.D.3d 562 (2010)

899 N.Y.S.2d 50

DEEPHAVEN DISTRESSED OPPORTUNITIES TRADING, LTD., et al., Plaintiffs, v. 3V CAPITAL MASTER FUND LTD., Defendant/Third-Party Plaintiff-Respondent. IMPERIAL CAPITAL LLC, Third-Party Defendant-Appellant, et al., Third-Party Defendants.

Appellate Division of the Supreme Court of New York, First Department.

Decided April 22, 2010.

The subject arbitration clause provided that third-party plaintiff 3V Capital Master Fund Ltd. had agreed to the "clearing" terms of the brokerage agreement between itself, among other hedge funds, and Imperial. The brokerage agreement provided that in light of 3V's agreement to maintain an account in the name of its prime broker, Imperial agreed that controversies arising between itself and 3V would be determined by arbitration. The first paragraph of the brokerage agreement...

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