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Matter of Cross & Brown Co. (Nelson), 4 A.D.2d 501 (1957)

Matter of Cross & Brown Co. (Nelson), 4 A.D.2d 501 (1957)

4 A.D.2d 501, 167 N.Y.S.2d 573, 33 Lab.Cas. P 71,093

In the Matter of the Arbitration between
Cross & Brown Company, Respondent,
and William E. Nelson, Appellant.

Supreme Court, Appellate Division,
First Department, New York
October 29, 1957

The clause in the contract being considered here makes the board of directors of the corporate party to the contract the arbitrators under the agreement. We brush aside any metaphysical subtleties about corporate personality and view the agreement as one in which one of the parties is named as arbitrator. Unless we close our eyes to realities, the agreement here becomes, not a contract to arbitrate, but an engagement to capitulate.
Referring Principles
A project of CENTRAL, University of Cologne.