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GRAND BAHAMA PETROLEUM CO. v. ASIATIC PETROLEUM

No. 152, Docket 76-7222.

550 F.2d 1320 (1977)

In the Matter of GRAND BAHAMA PETROLEUM COMPANY, LIMITED, Petitioner-Appellee, v. ASIATIC PETROLEUM CORPORATION, Respondent-Appellant.

United States Court of Appeals, Second Circuit.

Decided March 3, 1977.

Attorney(s) appearing for the Case

Peter E. Calamari, New York City (Cravath, Swaine & Moore, John R. Hupper, and Anthony A. Dean, New York City, Thomas R. McDade, Houston, Tex., and John M. Rochford, Secretary, Asiatic Petroleum Corp., New York City, on the brief), for respondent-appellant.

Samuel N. Greenspoon, New York City (Eaton, Van Winkle & Greenspoon, New York City, on the brief), for petitioner-appellee.

Before HAYS, ANDERSON and TIMBERS, Circuit Judges.

ROBERT P. ANDERSON, Circuit Judge:

This is a proceeding to answer the following question, certified to this court pursuant to 28 U.S.C. § 1292(b):

"Whether [New York's Business Corporation Law] BCL § 1312 may be invoked to preclude a non-qualifying foreign corporation from maintaining an action predicated upon diversity jurisdiction to compel arbitration pursuant to the Federal Arbitration Act, 9 U.S.C. § 1, et seq."

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