Becker Autoradio Usa Inc v. Becker Autoradiowerk Becker Autoradiowerk 77-2566 Mercedes Benz of North America Inc 77-2567’s Empirical Analysis

Citation profile

12 district · 8 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 58 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““There has been much discussion by the parties concerning the applicability of German law or Pennsylvania law in the resolution of this dispute. It may well be that the question of which law is to be applied will have to be answered in deciding the merits of the underlying controversy. However, the case before us presents only the issue of the arbitrability of that controversy when a contract involves ‘commerce,’ as this one does, whether as ‘suit proceeding is referable to arbitration ... under an agreement [to arbitrate]’ pursuant to ... or to the Convention on Recognition and Enforcement of Foreign Arbitral Awards ... is clearly a matter of federal substantive law. Thus, the question of whether, in contracts involving commerce, there is an agreement to arbitrate an issue or dispute upon which suit has been brought is governed by federal law. Concomitantly, questions of interpretation and construction of such arbitration agreements are similarly to be determined by reference to federal law.... [numerous citations omitted] As the court in Coenen v. R.W. Pressprich & Co., 453 F.2d 1209, 1211 (2nd Cir.1972), stated, ‘[o]nce a dispute is covered by the [federal Arbitration] Act, federal law applies to all questions of [the arbitration agreement’s interpretation, construction validity, revocability, and enforceability.’ ””

   4 later decisions quote this exact passage · from the majority
   e.g. Rhone Mediterranee Compagnia Francese Di Assicurazioni E Riassicurazioni v. Lauro · Medicalogic/Medscape, Inc. v. Amirana (In Re MSCP Holdings, Inc.)

2. “[DJoubts as to whether an arbitration clause may be interpreted to cover the asserted dispute should be resolved in favor of arbitration unless a court can state with ‘positive assurance’ that this dispute was not meant to be arbitrated. Hussey Metal Division of Copper Range Co. v. Lectromelt Furnace Division, 471 F.2d 556, 558 (3d Cir.1972). Accord: Becker Autoradio USA, Inc. v. Becker Autoradiowerk, GmbH, 585 F.2d 39 , 44 (3d Cir.1978).”

   3 later decisions quote this exact passage · from the majority
   e.g. B.O. Daubert, Inc. v. Local 44 of the Sheet Metal Workers International Ass'n · 561 F. Supp. 1243 - Hannah Furniture Co. v. Workbench, Inc.

3. “In sum: given the strong federal policy favoring arbitration; given the broad language of the arbitration clause in this case; given the fact that this dispute concerns the continuation or termination of the 1974 Agreement and the Agreement itself includes provisions relevant to renewal; given that the issues here derive from the relationship created from that Agreement; and recognizing that doubts are to be resolved in favor of arbitration unless we can state with “positive assurance” that arbitration of the dispute was not intended by the parties (an assurance which is not present in this case), we conclude that the dispute here presented is arbitrable under article 13 of the 1974 Agreement. Becker Autoradio v. Becker Autoradiowerk GmbH, supra, pág. 47.”

   1 later decision quote this exact passage · from the majority
   e.g. World Films, Inc. v. Paramount Pictures Corp.