Summary of C. Itoh & Co. v. Jordan Int’l Co.
552 F.2d 1228
Facts: P sent D a purchase order for steel coils. D sent back acknowledgement form which contained additional terms and stated that seller’s acceptance is expressly conditional on buyer’s assent to the additional terms. One of the additional term was an arbitration term. P never assented to these additional terms but D shipped the steel and P accepted. P sued claiming that steel was infected and was shipped late. D moved to say the proceeding pending arbitration, but this motion denied.
Issue: Was the arbitration clause part of the K?