Necchi Sewing Machine Sales Corp. v. Necchi

Once again a party to this multi-court, federal-state litigation between Necchi S.p.A. and Necchi Sewing Machines Sales Corp. (Sales) complains to us that arbitration of certain claims should be compelled. On July 15, 1965 we decided, 348 F.2d 693, cert. denied, 383 U.S. 909, 86 S. Ct. 892, 15 L. Ed. 2d 664 (1966), upon the appeal of Sales, that Necchi must arbitrate items 4 and 5 in the demand of Sales of May 22, 1964 as they were matters "arising out of or in connection with the agreement" between Sales and Necchi. Six days later, on July 21, 1965, Necchi, through its attorneys, advised Sales of the appointment of its arbitrator to determine the matters we had held to be arbitrable, and of their request that the arbitrators also determine eleven claims which were enumerated.