Bernhardt v. Polygraphic Company of America/Dissent Burton

Mr. Justice BURTON, dissenting.

Whether or not § 3 of the Federal Arbitration Act is applicable to this contract, the judgment of the Court of Appeals should be affirmed.

Assuming the validity of the arbitration clause in the New York contract here involved, I regard the procedure which it prescribes as a permissible 'form of trial.' See Murray Oil Products Co. v. Mitsui & Co., 2 Cir., 146 F.2d 381. Accordingly, the United States District Court for the District of Vermont may stay its own proceedings to await completion of the arbitration proceedings, although a state court of Vermont would not do likewise. I do not interpret Erie R. Co. v. Tompkins, 304 U.S. 64, 58 S.Ct. 817, 82 L.Ed. 1188, or Guaranty Trust Co. of New York v. York, 326 U.S. 99, 65 S.Ct. 1464, 89 L.Ed. 2079, as requiring the contrary.