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Stemcor USA, Inc. v. Trident Steel Corp.

United States District Court for the Southern District of New York
471 F. Supp. 2d 362 (S.D.N.Y. 2006)


Between October 2000 and April 2002, Stemcor USA, Inc. (Stemcor) (plaintiff) and Trident Steel Corporation (Trident) (defendant) entered into a series of twelve sales agreements. Each of these agreements was initiated by Trident’s submission of a purchase order for steel casings to Stemcor. Trident’s purchase order forms included a clause stating that no new terms or conditions would be binding unless both parties agreed to them in writing. Stemcor responded to each purchase order with acknowledgement forms. These forms included a clause requiring that all contract disputes be resolved through arbitration. After sending these acknowledgment forms, Stemcor delivered Trident’s requested steel casings, which Trident accepted. Disputes later arose regarding the steel casings, and Trident filed three third-party complaints against Stemcor. On January 24, 2006, Stemcor brought suit seeking to compel arbitration pursuant to the Federal Arbitration Act.

Rule of Law


Holding and Reasoning (Koeltl, J.)

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