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SOLYMAR INVESTMENTS, LTD. v. BANCO SANTANDER S.A.

No. 11-12515.

672 F.3d 981 (2012)

SOLYMAR INVESTMENTS, LTD., a Cayman Islands Corporation, Astrolite Investments, Ltd., a Cayman Islands Corporation, Eternalite Investments, Ltd., a Cayman Islands Corporation, Sunrays Investments, Ltd., a Cayman Islands Corporation, Plaintiffs-Appellants, v. BANCO SANTANDER S.A., Banco Santander International, Santander Bank and Trust, Ltd., Optimal Investment Services S.A., Manuel Echeverria Falla, et al., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

February 28, 2012.

Attorney(s) appearing for the Case

Lawrence Lambert , The Law Office of Lawrence B. Lambert, Martin Barry Goldberg , David R. Ruffner , Lash & Goldberg, LLP, Miami, FL, for Plaintiffs-Appellants.

Samuel A. Danon , Thomas Richard Julin , Paulo R. Lima , Gustavo J. Membiela , Hunton & Williams, LLP, Miami, FL, for Defendants-Appellees.

Before DUBINA, Chief Judge, and MARCUS, and FAY, Circuit Judges.

FAY, Circuit Judge:

At its core, this case presents a novel question about who is supposed to decide what in considering challenges to a contract containing an arbitration clause. While the Supreme Court has recently addressed this general issue in Granite Rock Co. v. International Brotherhood of Teamsters, ___ U.S. ___, 130 S.Ct. 2847, 177 L.Ed.2d 567 (2010), it did not address the particular circumstances at issue here. Namely...

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