Tuesday, February 12, 2013

Third Circuit -- SBRMCOA v. Bayside Resort Inc

Claim that action is ultra vires is not subject to arbitration under the contract, as it speaks to formation.

Remand to distinguish condo owners' rights from the condo owners' boards' rights.

Coercion claim (duress) speaks to validity, not formation, and is therefore arbitrable.

SBRMCOA v. Bayside Resort Inc
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Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.