(DOWNLOAD) "Will-Drill Resources" by United States Court Of Appeals Fifth Circuit * Book PDF Kindle ePub Free
eBook details
- Title: Will-Drill Resources
- Author : United States Court Of Appeals Fifth Circuit
- Release Date : January 26, 2003
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 72 KB
Description
Samson Resources Co. appeals an order staying litigation and compelling arbitration pursuant to an arbitration clause in a Proposed Sale Agreement between Samson, Will-Drill Resources and several other sellers of mineral leases and related assets. Samson contends that the Proposed Sale Agreement it signed was an offer to purchase all of the sellers' property, which was rejected when less than all of the sellers signed the Proposed Sale Agreement. Thus, Samson contends that no agreement of any kind was reached between the parties. The district court held that because Samson's argument attacked the agreement generally, rather than the arbitration clause specifically, the separability doctrine of Prima Paint applied, and the court ordered arbitration. We vacate the order compelling arbitration and remand the case to the district court, concluding that where the very existence of any agreement to arbitrate is at issue, it is for the courts to decide based on state-law contract formation principles.
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