Claims Not Referable to Arbitration; Stay of Case Not Proper, 8th Circuit Affirms

ST. LOUIS — A Missouri federal court properly refused to stay an environmental contamination case brought against the owner of a Peruvian smelting facility pending the outcome of an arbitration commenced by the owner against the Peruvian government, the 8th Circuit U.S. Court of Appeals has ruled.

On Nov. 13, the 8th Circuit U.S. Court of Appeals ruled that the plaintiffs’ claims in the litigation are not referable to arbitration because they do not concern the same issues before the arbitration panel.

Doe Run Resources and its affiliates operated a smelting facility in Peru. In 2008, 35 children living near …