Kahn Lucas Lancaster, Inc. v. Lark International Ltd.

186 F.3d 210 (1999)

From our private database of 46,300+ case briefs, written and edited by humans—never with AI.

Kahn Lucas Lancaster, Inc. v. Lark International Ltd.

United States Court of Appeals for the Second Circuit
186 F.3d 210 (1999)

Facts

Lark International Ltd. (Lark) (defendant), a purchasing agent for clothing buyers and manufacturers in Asia, entered an agreement to purchase children’s clothing from Kahn Lucas Lancaster, Inc. (plaintiff). In 1995, Kahn Lucas issued two purchase orders, stating the clothing was ordered from Lark and identifying Lark as the seller of the clothing. The purchase orders listed conditions on the reverse side of the document, including an arbitration clause requiring all disputes to be resolved through arbitration in New York City. Only Kahn Lucas signed the purchase order, although Lark accepted the purchase orders without objections. In July 1995, the manufacturers represented by Lark issued final invoices for the garments, but Kahn Lucas refused to pay Lark or the clothing buyers and manufacturers. Kahn Lucas then sued Lark in the Southern District of New York, and Lark filed a motion to compel arbitration. The district court held the arbitration clause in the purchase orders represented an arbitral clause in a contract and therefore an agreement in writing to arbitrate sufficient to bring the dispute under the New York Convention. The district court found that even though Lark did not sign the purchase order, Lark was bound to the terms of the arbitration clause because it manifested assent by performing under the purchase orders. The district court granted the motion to compel arbitration, finding the arbitration clause in the purchase orders was enforceable under the New York Convention. Lark appealed to the Second Circuit, arguing that because the purchase orders were not signed by both parties, the purchase orders were not agreements in writing enforceable under the New York Convention.

Rule of Law

Issue

Holding and Reasoning (Parker, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 815,000 law students since 2011. Some law schools even subscribe directly to Quimbee for all their law students.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

Here's why 815,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 815,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,300 briefs - keyed to 988 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership