Plaintiff Bound By Arbitration Clause After Failing to Object to Contract Terms, Judge Rules

NEW YORK - A New York federal judge has ordered arbitration of a contract dispute, ruling that the plaintiff is bound by the arbitration clause in the contract's general terms and conditions because it was aware of them, yet failed to raise any objection during contract negotiations. Copape Produtos de Petroleo Ltd. v. Glencore Ltd., No. 11-5744 (S.D. N.Y.).

On Feb. 8, Judge Lewis A. Kaplan of the U.S. District Court for the Southern District of New York ruled that absent any objection, the arbitration clause was incorporated in the contract.

In 2010, Copape Produtos de Pétroleo Ltd. entered into …