Kearsarge Metallurgical Corporation V‪.‬

Under New Hampshire law, a surety which issued a bond guaranteeing the performance of a construction contract and adopting by reference the terms of the contract was bound by an arbitration clause in the contract and by a subsequent arbitration award against the surety's principal. [166-168] A Judge did not abuse his discretion in denying a defendant's motion to dismiss on the ground of forum non conveniens an action to enforce an arbitration award which had been confirmed by a Massachusetts court pursuant to G. L. c. 251, § 16, even though the parties to the action were New Hampshire corporations, the building over which the original contract dispute arose was located in New Hampshire, and the case raised legal issues of first impression under New Hampshire law. [168-169]