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INTERNATIONAL TIN COUNCIL v. AMALGAMET INC.

No. 86 Civ. 6165 (GLG).

645 F.Supp. 879 (1986)

In the Matter of the Application of the INTERNATIONAL TIN COUNCIL, Petitioner, v. AMALGAMET INC., Respondent, For an Order Remanding This Action to the Supreme Court of the State of New York, County of New York.

United States District Court, S.D. New York.

October 20, 1986.

Attorney(s) appearing for the Case

Latham & Watkins, New York City, for petitioner; Selvyn Seidel, Warren B. Elterman, John D. Shyer, of counsel.

Chadbourne & Parke, New York City, for respondent; Richard J. Ney, Thomas J. Hall, David A. Vicinanzo, of counsel.

OPINION

GOETTEL, District Judge:

The petitioner, International Tin Council ("ITC"), brought an action in state court seeking to stay arbitration proceedings commenced by the respondent, Amalgamet, Inc. ("Amalgamet"). ITC's grounds for relief in the state court were two-fold: first, that the parties never made a binding agreement to arbitrate, and, second, that ITC is in any event immune from legal proceedings under international law. Amalgamet then removed...

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