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Lumbermens Mut. Cas. Co. v. Broadspire Mgmt Serv. Inc., 09-4051

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By FindLaw Staff on October 13, 2010 3:35 PM

Issue of whether necessary preconditions to arbitration have been satisfied is for the arbitrator to decide

Lumbermens Mut. Cas. Co. v. Broadspire Mgmt Serv. Inc., 09-4051, involved the parties' dispute over the arbitrability of four purchase price disputes in connection with a sale of an insurance administration business pursuant to a written Purchase Agreement.  In affirming the district court's conclusion that the question of whether the necessary preconditions to arbitration have been satisfied was for the arbitrator, the court held that the issue of whether the plaintiff has adequately disputed defendant's price reports is a procedural question about a condition precedent to arbitration.

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