Title Startec Global Communications
Entered
Case Number
01-2-5013
Summary

This case came before the court upon Motion of Defendant Videsh Sanchar Nigam Limited for Order Dismissing Staying Adversary Proceeding and Compelling Arbitration of Plaintiffs’ Claims and Granting Related Relief (the “Motion to Dismiss”) of a multi-count complaint filed by Plaintiffs (the “Complaint”). The Motion to Dismiss argued that this court should compel arbitration of alleged breaches of a pre-petition International Telecommunications Services Agreement between Videsh Sanchar Nigam, Ltd. and Startec Incorporated. This contract included a binding arbitration clause. The court found that certain causes of action arose out of post-petition disputes and alleged violations of this court’s orders; thus, the arbitration clause is inapplicable. Also, the court determined that the causes of action which may be subject to the arbitration clause are within this court’s core jurisdiction, and in it’s discretion, the court found that the best interest of the estate will be served by litigation of all claims before one forum, this court.

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