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IN RE LAKAH

No. 07 Civ. 2799 (MGC).

602 F.Supp.2d 497 (2009)

In the Matter of the Application of Ramy LAKAH and Michel Lakah, Petitioners, For a judgment pursuant to Article 75 of the C.P.L.R. staying Arbitration commenced by UBS AG, Exporters Insurance Company Ltd., Arab Banking Corporation, National Bank of Abu Dhabi and National Bank of Oman, Respondents.

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

March 6, 2009.

Attorney(s) appearing for the Case

Frankfurt Kurnit Klein & Selz, P.C., by Ronald C. Minkoff, Esq., Jeremy S. Goldman, Esq., New York, NY, for Petitioner Michel Lakah.

Lester Schwab Katz & Dwyer LLP, by Lawrence A. Steckman, Esq., Dennis M. Rothman, Esq., New York, NY, for Petitioner Ramy Lakah.

Mintz Levin Cohen Ferris Glovsky & Popeo, L.C., by Kevin N. Ainsworth, Esq., Gilbert A. Samberg, Esq., New York, NY, for Respondents.

OPINION AND ORDER

CEDARBAUM, District Judge.

Petitioners Ramy and Michel Lakah move for a preliminary injunction prohibiting all proceedings against them in the arbitration entitled UBS AG, et al. v. Lakah Funding Ltd, et al. (ICDR Case No. 50 1 48 T 00251 06) (the "Arbitration"). Because the Supreme Court has held that "the question of whether the parties agreed to arbitrate is to be decided by the court, not the arbitrator," the motion is...

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